Special Conditions: Airbus Model A320 Airplanes; Child Restraint System, 18271-18274 [05-7195]
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Rules and Regulations
Area offices, Regional offices and Field
offices so that FNS compliance
investigators, other appropriate FNS
personnel and investigators from the
Department’s Office of Inspector
General have access to the system in
order to conduct investigations of
program abuse and alleged violations;
(viii) Ensure that FNS compliance
investigators and investigators from the
Department’s Office of Inspector
General have access to EBT cards and
accounts that are updated as necessary
to conduct food stamp investigations.
(g) * * *
(3) * * *
(iii) Identify the food stamp
household member’s account number
(the PAN) using a truncated number or
a coded transaction number. * * *
*
*
*
*
*
(5) * * *
(i) The State agency shall permit food
stamp households to select their
Personal Identification Number (PIN).
PIN assignment procedures shall be
permitted in accordance with industry
standards as long as PIN selection is
available to clients if they so desire and
clients are informed of this option.
(ii) In general, the State agency shall
replace EBT cards within two business
days following notice by the household
to the State agency that the card has
been lost or stolen. In cases where the
State agency is using centralized card
issuance, replacement can be extended
to take place within up to five calendar
days. In all instances, the State agency
must ensure that clients have in hand an
active card and PIN with benefits
available on the card, within the time
frame the State agency has identified for
card replacement.
*
*
*
*
*
(10) * * *
(ii) Hands-on experience in the use of
the EBT equipment must be available
for households that request it or
demonstrate a need for that kind of
training;
*
*
*
*
*
(h) * * *
(2) Authorized retailers shall not be
required to pay costs essential to and
directly attributable to EBT system
operations as long as the equipment or
services are provided by the State
agency or its contractor and are utilized
solely for the Food Stamp Program. In
addition, if Food Stamp Program
equipment is deployed under contract
to the State agency, the State agency
may, with USDA approval, share
appropriate costs with retailers if the
equipment is also utilized for
commercial purposes. The State agency
may choose to charge retailers
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reasonable fees in the following
circumstances:
(i) Cost for the replacement of lost,
stolen or damaged equipment;
(ii) The cost of materials and supplies
for POS terminals not provided by the
State agency;
(iii) Telecommunication costs for all
non-EBT use by retailers when lines are
provided by the State agency. In
addition, State agencies may remove
phone lines from retailers in instances
where there is significant misuse of the
lines.
*
*
*
*
*
(4) * * *
(ii) * * *
(D) * * * State agencies may provide
retailers with additional terminals above
the minimum number required by this
paragraph at customer service booths or
other locations if appropriate.
*
*
*
*
*
(i) * * *
(6) * * *
(i) * * *
(B) The abbreviated statement of
nondiscrimination, which reads as
follows: ‘‘The USDA is an equal
opportunity provider and employer.’’ In
lieu of printing the required information
on the EBT card, the State agency shall
provide each household a card jacket or
sleeve containing the nondiscrimination
statement.
*
*
*
*
*
(j) * * *
(1) * * *
(iii) Initiating and accepting
reimbursement from the appropriate
U.S. Treasury account through the
Automated Standard Application for
Payment (ASAP) system or other
payment process approved by FNS. At
the option of FNS, the State agency may
designate another entity as the initiator
of reimbursement for food stamp
redemptions provided the entity is
acceptable to FNS and U.S. Treasury.
*
*
*
*
*
(k) * * *
(2) * * *
(ii) Retailer transaction data submitted
to FNS on a monthly basis. This data
must be submitted in the specified
format in accordance with the required
schedule.
(iii) Data detailing by specified
category the amount of food stamp
benefits issued or returned through the
EBT system. Data shall be provided in
a format and mechanism specified by
FNS to the FNS Account Management
Agent as the benefits become available
to recipients. This data will be used to
increase or decrease the food stamp EBT
benefit funding authorization for the
State’s ASAP account.
*
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18271
(n) Store-and-Forward. As an
alternative to manual transactions:
(1) State agencies may opt to allow
retailers, at the retailer’s own choice and
liability, to perform store-and-forward
transactions when the EBT system
cannot be accessed for any reason. The
retailer would be able to forward the
transaction to the host one time within
24 hours of when the system again
becomes available. Should the 24-hour
window cross into the beginning of a
new benefit issuance period, retailers
may draw against all available benefits
in the account.
(2) State agencies may also opt, in
instances where there are insufficient
funds to authorize an otherwise
approvable store-and-forward
transaction, to allow the retailer to
collect the balance remaining in the
client’s account, in accordance with the
requirements detailed in this section. In
States that elect not to give retailers this
option, all store-and-forward
transactions with insufficient funds will
be denied in full.
(i) State Agencies may elect to allow
store and forward to provide remaining
balances to retailers as follows:
(A) The EBT processor may provide
partial approval of the store-andforward transaction, crediting the
retailer with the balance remaining in
the account through a one-step process;
(B) The transaction should be in
accordance with the standard message
format requirements for store and
forward; and
(C) Re-presentation, as described in
paragraph (m) of this section, to obtain
the uncollected balance from current or
future months’ benefits shall not be
allowed for store-and-forward
transactions.
*
*
*
*
*
Dated: February 5, 2005.
Eric M. Bost,
Under Secretary for Food, Nutrition and
Consumer Services.
[FR Doc. 05–7252 Filed 4–8–05; 8:45 am]
BILLING CODE 3410–30–U
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM266; Special Conditions No.
25–255A–SC]
Special Conditions: Airbus Model A320
Airplanes; Child Restraint System
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Rules and Regulations
Amended final special
conditions; request for comments.
ACTION:
SUMMARY: These amended special
conditions are for Airbus Model A320
airplanes. These airplanes, as modified
by AMSAFE Inc., will have the novel
and unusual design feature of a child
restraint system that attaches to the
existing passenger lap belt. Special
Conditions No. 25–255–SC were issued
for this novel and unusual design
feature on December 8, 2003. These
special conditions contained dynamic
test requirements. AMSAFE
subsequently applied to amend those
special conditions so that the
requirements would be applicable to
and appropriate for the certification
basis of the Airbus A320 airplane. The
A320 type certification basis requires
only static testing for seats. The
applicable airworthiness regulations,
including those contained in Special
Conditions No. 25–255–SC, do not
contain adequate or appropriate safety
standards for this design feature. These
special conditions contain the
appropriate (i.e., static testing) safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards
for the A320 airplanes.
DATES: The effective date of these
special conditions is March 31, 2005.
Comments must be received on or
before May 26, 2005.
FOR FURTHER INFORMATION CONTACT:
Alan Sinclair, FAA, Airframe and Cabin
Safety Branch, ANM–115, Transport
Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington, 98055–4056;
telephone (425) 227–2195; facsimile
(425) 227–1149, e-mail
alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA has determined that notice
and opportunity for prior public
comment is impracticable because these
special conditions have been subject to
the public comment process in several
prior instances with no substantive
comments received. The FAA therefore
finds that good cause exists for making
these special conditions effective upon
issuance; however, we invite interested
persons to participate in this rulemaking
by submitting written comments, data,
or views. The most helpful comments
reference a specific portion of the
special conditions, explain the reason
for any recommended change, and
include supporting data. We ask that
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you send us two copies of written
comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning these special conditions.
The docket is available for public
inspection before and after the comment
closing date. If you wish to review the
docket in person, go to the address in
the ADDRESSES section of this preamble
between 7:30 a.m. and 4 p.m. Monday
through Friday, except Federal holidays.
We will consider all comments we
receive on or before the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions in
light of the comments received.
If you want the FAA to acknowledge
receipt of your comments on these
special conditions, include with your
comments a pre-addressed, stamped
postcard on which the docket number
appears. We will stamp the date on the
postcard and mail it back to you.
Background
On February 12, 2003, AMSAFE Inc.,
P.O. Box 1570, Higley, Arizona 85236,
applied for a supplemental type
certificate for the modification of Airbus
Model A320 airplanes. The modification
includes a child restraint system
(identified by AMSAFE as a child safety
system (CSS)) that wraps horizontally
around the seat back and attaches to the
existing passenger lap belt. It can be
installed on certain seats of Airbus
Model A320 airplanes in order to reduce
potential for injury in the event of an
accident. The Model A320 is a sweptwing, conventional tail, twin-engine,
turbofan-powered transport airplane.
Because the existing airworthiness
standards of 14 CFR part 25 do not
address CSS, the FAA developed special
conditions to address this design
feature. Special Conditions No. 25–255–
SC were issued to AMSAFE Inc. on
December 8, 2003, and published in the
Federal Register on December 17, 2003
(66 FR 70133).
Type Certification Basis
Under the provisions of § 21.101,
AMSAFE Inc. must show that the
Airbus Model A320 airplanes, as
changed, continue to meet the
applicable provisions of the regulations
incorporated by reference in Type
Certificate No. A28NM, or the
applicable regulations in effect on the
date of application for the change. The
regulations incorporated by reference in
the type certificate are commonly
referred to as the ‘‘original type
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certification basis.’’ The regulations
incorporated by reference in Type
Certificate No. A28NM are as follows:
14 CFR part 25, effective February 1,
1965, including Amendments 25–1
through 25–56; SFAR 27, effective
February 1, 1974, including
Amendments 27–1 through 27–5; and
14 CFR part 36 effective December 1,
1969, including Amendments 36–1
through 36–12. In addition, the
certification basis includes other
regulations and special conditions that
are not pertinent to these special
conditions.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Airbus Model A320 airplanes
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
In addition to the applicable
airworthiness regulations and special
conditions, the Airbus Model A320
airplanes must comply with the fuel
vent and exhaust emission requirements
of 14 CFR part 34 and the noise
certification requirements of 14 CFR
part 36.
Special conditions, as defined in
§ 11.19, are issued in accordance with
§ 11.38 and become part of the type
certification basis in accordance with
§ 21.101.
Special conditions are initially
applicable to the model for which they
are issued. Should AMSAFE Inc. apply
for a supplemental type certificate to
modify any other model included on the
same type certificate to incorporate the
same or similar novel or unusual design
feature, the special conditions would
also apply to the other model under the
provisions of § 21.101.
Novel or Unusual Design Features
The AMSAFE Inc., Child Safety
System (CSS) is an improved harness
type child restraint system (CRS) that
utilizes the seat back and the lap belt on
passenger seats to provide upper torso
restraint and to improve the restraint of
small children. The physical
characteristics of small children will
govern the use of the CSS and must be
defined according to accepted
classification standards. The device is
intended for children in the 1- to 4-year
age group who are prohibited from
being held in their parents’ arms during
taxi, take-off, and landing and must
occupy their own passenger seat,
typically with no supplemental
restraint. The CSS is made with
webbing and fastening hardware and
consists of an adjustable strap that
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Rules and Regulations
wraps horizontally around the seat back
to secure the device to the passenger
seat, and a double shoulder harness that
is fastened around the child’s upper
torso. The ends of the device’s shoulder
harness are held in place using the
existing passenger lap belt that is passed
through two open loops on the lower
ends of the device’s shoulder straps.
The current part 25 airworthiness
regulations are not adequate to define
the necessary certification criteria.
Discussion
The CSS is a non-conforming CRS
that is not approved for use on aircraft
per Federal Motor Vehicle Safety
Standard (FMVSS) 213 and as such the
design requirements are established in
these special conditions. It is a safety
restraint device specifically designed for
use by small children on aircraft.
The applicable airworthiness
regulations do not contain adequate or
appropriate safety standards for this
particular design feature. Additional
safety standards are therefore necessary
to establish a level of safety equivalent
to that established in the regulations.
As discussed earlier, the applicable
airworthiness standards for the Airbus
Model A–320 are part 25, Amendments
25–1 through 25–56. The requirement
for dynamic seat testing (§ 25.562) was
adopted in Amendment 25–64 and is
not included in the certification basis
for this airplane. Nevertheless, at the
applicant’s request, dynamic testing
requirements were included in the
original special conditions. However,
the seats on which the CSS are to be
installed are not currently required to be
dynamically tested and in most cases
would not pass this test. Since the CSS
would not improve the performance of
the seats themselves, requiring this test
for the CSS would serve no useful
purpose. Therefore, we are revising
Special Condition No. 1 to remove the
requirement for dynamic testing.
Original Special Condition No. 9
contained a related requirement to show
that the CSS would not cause the
occupant’s passenger seat back to fold
over during a crash situation. But the
seat itself is not required to meet this
condition, even without the CSS
installed. Therefore, this requirement is
also inappropriate, and we are
rescinding original Special Condition
No. 9.
Additionally, the operating
regulations, 14 CFR 91.107 and 121.311,
prohibit the use of any ‘‘vest-type child
restraints, and harness-type child
restraints’’ for commercial and private
use operations. In order for the CSS,
which is a harness-type child restraint,
to be useable in the U.S., AMSAFE Inc.,
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or their agent, must petition the FAA for
an exemption from the operating
regulations. The petition must be
granted in order to allow use of the CSS.
The following special conditions can
be characterized as addressing the safety
performance of the system and the
capability of the system to be installed
and utilized without creating additional
safety concerns. Because of the nature of
the system and the direct interface with
the crew and passengers, as well as the
intended occupants, these special
conditions are more rigorous from a
design standpoint than the standard
lapbelt installation.
Applicability
As discussed above, these special
conditions are applicable to the Airbus
Model A320 airplanes modified by
AMSAFE Inc. Should AMSAFE Inc.
apply at a later date for a supplemental
type certificate to modify any other
model included on Type Certificate No.
A28NM to incorporate the same or
similar novel or unusual design feature,
these special conditions would apply to
that model as well under the provisions
of § 21.101.
Comments Invited
The substance of these special
conditions, in similar form, has been
previously subjected to public comment
and all of the four comments from the
single commenter have been fully
considered and addressed. It is unlikely
that prior public comment would result
in a significant change from the
substance contained herein. For this
reason, the FAA finds that good cause
exists for making these special
conditions effective upon issuance. The
FAA is requesting comments to allow
interested persons to submit views that
may not have been submitted in
response to the prior opportunities for
comment described above.
Conclusion
This action affects only certain novel
or unusual design features on Airbus
Model A320 airplanes. It is not a rule of
general applicability, and it affects only
the applicant who applied to the FAA
for approval of these features on the
airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these special
conditions is as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
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18273
The Amended Special Conditions
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the type certification
basis for the Airbus Model A320
airplanes modified by AMSAFE Inc.
1. The child safety system (CSS),
when used in conjunction with a
standard two-point lap belt system,
must provide upper and lower torso
restraint for the range of occupant sizes
for which the system is designed in
accordance with sections 2.3 and 2.4 of
the Society of Automotive Engineers
Aerospace Standard 5276/1.
2. Means must be provided to prevent
the use of the CSS with children who
are outside the range of statures that the
system was designed and tested for. The
range of statures for which the CSS is
approved must be clearly labeled on the
device (i.e., weight and height).
3. There must be obvious, clear, and
concise instructions readily available to
the flight and cabin crew as to the
proper installation and use of the CSS
system.
4. The design of the CSS must prevent
it from being incorrectly buckled and/or
incorrectly installed such that the CSS
would not properly perform its intended
function.
5. The strength of the CSS assembly
shall be demonstrated by static test. The
assembly shall not fail when a 1500 lbs.
load is applied to the device in
accordance with the static test
requirements of SAE AS 8043, ‘‘Torso
Restraint Systems,’’ March 1986,
Section 6, Requirements for Assembly
Performance.
6. The CSS must not impede rapid
egress of the occupant using the CSS
and must not impede the rapid egress of
the occupants seated in the same row.
7. Means must be provided to prohibit
the installation and use of the CSS in
the following seats and seat locations:
a. Emergency exit rows
b. Behind any wall or seat back that
has an inflatable airbag
c. Any passenger seat that has an
inflatable restraint system
d. Side-facing seats
8. It must be shown that the
performance of the CSS will not be
degraded by tray tables, phones, or other
devices installed in the seat back.
9. Passenger seats approved for
installation of the CSS must be clearly
identified to the installer by aircraft and
seat model number.
10. Since 14 CFR 91.107 and 14 CFR
121.311 currently prohibit the use of
any ‘‘vest-type child restraints, and
harness-type child restraints’’ in
commercial and private use operations,
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Rules and Regulations
it is incumbent upon an operator who
wishes to use the CSS to petition FAA
Flight Standards for exemption from
these two regulations. The exemption
must be granted in order for the system
to be used by a U.S. operator.
Issued in Renton, Washington, on March
31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–7195 Filed 4–8–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2000–NE–09–AD; Amendment
39–14052; AD 2005–07–27]
RIN 2120–AA64
Airworthiness Directives; Aviointeriors
S.p.A. Series 312 Seats
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
that is applicable to Aviointeriors S.p.A.
(formerly ALVEN), series 312 seats. That
AD requires initial and repetitive
inspections of the seat central
crossmember for cracks, and if
necessary, replacing the crossmember
with a new crossmember. This ad
requires the same actions and adds
other crossmember part numbers for
inspection. In addition, this AD replaces
the original design crossmembers with
reinforced design crossmembers as
optional terminating actions to the
repetitive inspections. This AD results
from reports of 88 cracked seat central
crossmembers and 60 aisle side
crossmembers, to date; and, from the
introduction of reinforced optional seat
crossmembers by the manufacturer. We
are issuing this AD to prevent the loss
of the structural integrity of the seat due
to cracks in seat crossmembers, which
could lead to passenger injury.
DATES: This AD becomes effective May
16, 2005. The Director of the Federal
Register approved the incorporation by
reference of certain publications listed
in the regulations as of May 16, 2005.
ADDRESSES: Contact Aviointeriors
S.p.A., Via Appia Km. 66.4—04013
Latina, Italy; telephone: 39–0773–6891;
fax: 39–0773–631546, for the service
information identified in this AD.
You may examine the AD docket at
the FAA, New England Region, Office of
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Jkt 205001
the Regional Counsel, 12 New England
Executive Park, Burlington, MA. You
may examine the service information, at
the FAA, New England Region, Office of
the Regional Counsel, 12 New England
Executive Park, Burlington, MA.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Lee, Aerospace Engineer, Boston
Aircraft Certification Office, FAA,
Engine and Propeller Directorate, 12
New England Executive Park,
Burlington, MA 01803–5299; telephone:
781–238–7161; fax: 781–238–7170.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend 14 CFR Part 39 with
a proposed AD. The proposed AD
applies to Aviointeriors S.p.A. (formerly
ALVEN), series 312 seats. We published
the proposed AD in the Federal Register
on May 20, 2004 (69 FR 29109). That
action proposed to require initial and
repetitive inspections of seat central and
aisle side crossmembers for cracks, and
if necessary, replacing the crossmember
with a new crossmember. That action
also proposed to introduce replacing the
original design crossmember with a
reinforced crossmember as an optional
terminating action to the repetitive
inspections.
Examining the AD Docket
You may examine the AD Docket
(including any comments and service
information), by appointment, between
8 a.m. and 4:30 p.m., Monday through
Friday, except Federal holidays. See
ADDRESSES for the location.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We received no
comments on the proposal or on the
determination of the cost to the public.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD as proposed.
Costs of Compliance
There are about 1,020 Aviointeriors
S.p.A. (formerly ALVEN) series 312
seats installed on airplanes of U.S.
registry that would be affected by this
AD. We estimate that it would take
about 0.5 work hours per seat to perform
the inspections, and about one work
hour per seat to perform the
replacement of a crossmember. The
average labor rate is $65 per work hour.
Required parts will cost about $650.50
per seat. Based on these figures, we
estimate the total cost of one inspection
and total parts replacement to U.S.
operators to be $729,810.
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Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a summary of the costs
to comply with this AD and placed it in
the AD Docket. You may get a copy of
this summary by sending a request to us
at the address listed under ADDRESSES.
Include ‘‘AD Docket No. 2000–NE–09–
AD’’ in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the Federal Aviation Administration
amends 14 CFR part 39 as follows:
I
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]]>Agencies
[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Rules and Regulations]
[Pages 18271-18274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7195]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM266; Special Conditions No. 25-255A-SC]
Special Conditions: Airbus Model A320 Airplanes; Child Restraint
System
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 18272]]
ACTION: Amended final special conditions; request for comments.
-----------------------------------------------------------------------
SUMMARY: These amended special conditions are for Airbus Model A320
airplanes. These airplanes, as modified by AMSAFE Inc., will have the
novel and unusual design feature of a child restraint system that
attaches to the existing passenger lap belt. Special Conditions No. 25-
255-SC were issued for this novel and unusual design feature on
December 8, 2003. These special conditions contained dynamic test
requirements. AMSAFE subsequently applied to amend those special
conditions so that the requirements would be applicable to and
appropriate for the certification basis of the Airbus A320 airplane.
The A320 type certification basis requires only static testing for
seats. The applicable airworthiness regulations, including those
contained in Special Conditions No. 25-255-SC, do not contain adequate
or appropriate safety standards for this design feature. These special
conditions contain the appropriate (i.e., static testing) safety
standards that the Administrator considers necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards for the A320 airplanes.
DATES: The effective date of these special conditions is March 31,
2005.
Comments must be received on or before May 26, 2005.
FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98055-
4056; telephone (425) 227-2195; facsimile (425) 227-1149, e-mail
alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA has determined that notice and opportunity for prior public
comment is impracticable because these special conditions have been
subject to the public comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good
cause exists for making these special conditions effective upon
issuance; however, we invite interested persons to participate in this
rulemaking by submitting written comments, data, or views. The most
helpful comments reference a specific portion of the special
conditions, explain the reason for any recommended change, and include
supporting data. We ask that you send us two copies of written
comments.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning these special conditions. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 7:30 a.m. and 4 p.m. Monday through Friday,
except Federal holidays.
We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions in light of the comments received.
If you want the FAA to acknowledge receipt of your comments on
these special conditions, include with your comments a pre-addressed,
stamped postcard on which the docket number appears. We will stamp the
date on the postcard and mail it back to you.
Background
On February 12, 2003, AMSAFE Inc., P.O. Box 1570, Higley, Arizona
85236, applied for a supplemental type certificate for the modification
of Airbus Model A320 airplanes. The modification includes a child
restraint system (identified by AMSAFE as a child safety system (CSS))
that wraps horizontally around the seat back and attaches to the
existing passenger lap belt. It can be installed on certain seats of
Airbus Model A320 airplanes in order to reduce potential for injury in
the event of an accident. The Model A320 is a swept-wing, conventional
tail, twin-engine, turbofan-powered transport airplane.
Because the existing airworthiness standards of 14 CFR part 25 do
not address CSS, the FAA developed special conditions to address this
design feature. Special Conditions No. 25-255-SC were issued to AMSAFE
Inc. on December 8, 2003, and published in the Federal Register on
December 17, 2003 (66 FR 70133).
Type Certification Basis
Under the provisions of Sec. 21.101, AMSAFE Inc. must show that
the Airbus Model A320 airplanes, as changed, continue to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate No. A28NM, or the applicable regulations in effect on
the date of application for the change. The regulations incorporated by
reference in the type certificate are commonly referred to as the
``original type certification basis.'' The regulations incorporated by
reference in Type Certificate No. A28NM are as follows: 14 CFR part 25,
effective February 1, 1965, including Amendments 25-1 through 25-56;
SFAR 27, effective February 1, 1974, including Amendments 27-1 through
27-5; and 14 CFR part 36 effective December 1, 1969, including
Amendments 36-1 through 36-12. In addition, the certification basis
includes other regulations and special conditions that are not
pertinent to these special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus Model A320 airplanes
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A320 airplanes must comply with the fuel
vent and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
Special conditions, as defined in Sec. 11.19, are issued in
accordance with Sec. 11.38 and become part of the type certification
basis in accordance with Sec. 21.101.
Special conditions are initially applicable to the model for which
they are issued. Should AMSAFE Inc. apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under the provisions of Sec. 21.101.
Novel or Unusual Design Features
The AMSAFE Inc., Child Safety System (CSS) is an improved harness
type child restraint system (CRS) that utilizes the seat back and the
lap belt on passenger seats to provide upper torso restraint and to
improve the restraint of small children. The physical characteristics
of small children will govern the use of the CSS and must be defined
according to accepted classification standards. The device is intended
for children in the 1- to 4-year age group who are prohibited from
being held in their parents' arms during taxi, take-off, and landing
and must occupy their own passenger seat, typically with no
supplemental restraint. The CSS is made with webbing and fastening
hardware and consists of an adjustable strap that
[[Page 18273]]
wraps horizontally around the seat back to secure the device to the
passenger seat, and a double shoulder harness that is fastened around
the child's upper torso. The ends of the device's shoulder harness are
held in place using the existing passenger lap belt that is passed
through two open loops on the lower ends of the device's shoulder
straps. The current part 25 airworthiness regulations are not adequate
to define the necessary certification criteria.
Discussion
The CSS is a non-conforming CRS that is not approved for use on
aircraft per Federal Motor Vehicle Safety Standard (FMVSS) 213 and as
such the design requirements are established in these special
conditions. It is a safety restraint device specifically designed for
use by small children on aircraft.
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this particular design feature.
Additional safety standards are therefore necessary to establish a
level of safety equivalent to that established in the regulations.
As discussed earlier, the applicable airworthiness standards for
the Airbus Model A-320 are part 25, Amendments 25-1 through 25-56. The
requirement for dynamic seat testing (Sec. 25.562) was adopted in
Amendment 25-64 and is not included in the certification basis for this
airplane. Nevertheless, at the applicant's request, dynamic testing
requirements were included in the original special conditions. However,
the seats on which the CSS are to be installed are not currently
required to be dynamically tested and in most cases would not pass this
test. Since the CSS would not improve the performance of the seats
themselves, requiring this test for the CSS would serve no useful
purpose. Therefore, we are revising Special Condition No. 1 to remove
the requirement for dynamic testing.
Original Special Condition No. 9 contained a related requirement to
show that the CSS would not cause the occupant's passenger seat back to
fold over during a crash situation. But the seat itself is not required
to meet this condition, even without the CSS installed. Therefore, this
requirement is also inappropriate, and we are rescinding original
Special Condition No. 9.
Additionally, the operating regulations, 14 CFR 91.107 and 121.311,
prohibit the use of any ``vest-type child restraints, and harness-type
child restraints'' for commercial and private use operations. In order
for the CSS, which is a harness-type child restraint, to be useable in
the U.S., AMSAFE Inc., or their agent, must petition the FAA for an
exemption from the operating regulations. The petition must be granted
in order to allow use of the CSS.
The following special conditions can be characterized as addressing
the safety performance of the system and the capability of the system
to be installed and utilized without creating additional safety
concerns. Because of the nature of the system and the direct interface
with the crew and passengers, as well as the intended occupants, these
special conditions are more rigorous from a design standpoint than the
standard lapbelt installation.
Applicability
As discussed above, these special conditions are applicable to the
Airbus Model A320 airplanes modified by AMSAFE Inc. Should AMSAFE Inc.
apply at a later date for a supplemental type certificate to modify any
other model included on Type Certificate No. A28NM to incorporate the
same or similar novel or unusual design feature, these special
conditions would apply to that model as well under the provisions of
Sec. 21.101.
Comments Invited
The substance of these special conditions, in similar form, has
been previously subjected to public comment and all of the four
comments from the single commenter have been fully considered and
addressed. It is unlikely that prior public comment would result in a
significant change from the substance contained herein. For this
reason, the FAA finds that good cause exists for making these special
conditions effective upon issuance. The FAA is requesting comments to
allow interested persons to submit views that may not have been
submitted in response to the prior opportunities for comment described
above.
Conclusion
This action affects only certain novel or unusual design features
on Airbus Model A320 airplanes. It is not a rule of general
applicability, and it affects only the applicant who applied to the FAA
for approval of these features on the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
0
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Amended Special Conditions
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Airbus Model A320 airplanes
modified by AMSAFE Inc.
1. The child safety system (CSS), when used in conjunction with a
standard two-point lap belt system, must provide upper and lower torso
restraint for the range of occupant sizes for which the system is
designed in accordance with sections 2.3 and 2.4 of the Society of
Automotive Engineers Aerospace Standard 5276/1.
2. Means must be provided to prevent the use of the CSS with
children who are outside the range of statures that the system was
designed and tested for. The range of statures for which the CSS is
approved must be clearly labeled on the device (i.e., weight and
height).
3. There must be obvious, clear, and concise instructions readily
available to the flight and cabin crew as to the proper installation
and use of the CSS system.
4. The design of the CSS must prevent it from being incorrectly
buckled and/or incorrectly installed such that the CSS would not
properly perform its intended function.
5. The strength of the CSS assembly shall be demonstrated by static
test. The assembly shall not fail when a 1500 lbs. load is applied to
the device in accordance with the static test requirements of SAE AS
8043, ``Torso Restraint Systems,'' March 1986, Section 6, Requirements
for Assembly Performance.
6. The CSS must not impede rapid egress of the occupant using the
CSS and must not impede the rapid egress of the occupants seated in the
same row.
7. Means must be provided to prohibit the installation and use of
the CSS in the following seats and seat locations:
a. Emergency exit rows
b. Behind any wall or seat back that has an inflatable airbag
c. Any passenger seat that has an inflatable restraint system
d. Side-facing seats
8. It must be shown that the performance of the CSS will not be
degraded by tray tables, phones, or other devices installed in the seat
back.
9. Passenger seats approved for installation of the CSS must be
clearly identified to the installer by aircraft and seat model number.
10. Since 14 CFR 91.107 and 14 CFR 121.311 currently prohibit the
use of any ``vest-type child restraints, and harness-type child
restraints'' in commercial and private use operations,
[[Page 18274]]
it is incumbent upon an operator who wishes to use the CSS to petition
FAA Flight Standards for exemption from these two regulations. The
exemption must be granted in order for the system to be used by a U.S.
operator.
Issued in Renton, Washington, on March 31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-7195 Filed 4-8-05; 8:45 am]
BILLING CODE 4910-13-P
