Child Restraint Systems, 50226-50228 [05-16783]
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50226
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Proposed Rules
Actions
Compliance
Procedures
(3) Apply anti-rub (padding) strips to the edge
of the support tray for the attachment cables
of switches below the switch panels of the
left-hand instrument panel.
Before further flight after the inspection required by paragraph (e)(1) of this AD. This
modification is required even if damage is
not found during the inspections.
Follow GROB Service Bulletin No. MSB1121–
065 dated July 1, 2005.
May I Request an Alternative Method of
Compliance?
(f) You may request a different method of
compliance or a different compliance time
for this AD by following the procedures in 14
CFR 39.19. Unless FAA authorizes otherwise,
send your request to your principal
inspector. The principal inspector may add
comments and will send your request to the
Manager, Standards Office, Small Airplane
Directorate, FAA. For information on any
already approved alternative methods of
compliance, contact Karl Schletzbaum,
Aerospace Engineer, FAA, Small Airplane
Directorate, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329–
4146; facsimile: (816) 329–4090.
SUMMARY: The FAA is withdrawing a
previously published Advance Notice of
Proposed Rulemaking that sought public
comment on issues about the use of
child restraint systems (CRSs) in
aircraft. Specifically, we sought crash
performance and ease-of-use
information about existing and new
automotive CRSs, when used in aircraft.
We also sought information about the
development of any new or improved
CRSs designed exclusively for aircraft
use. We are withdrawing the document
to pursue other options that will
mitigate the risk of child injuries and
fatalities in aircraft.
FOR FURTHER INFORMATION CONTACT:
Nancy Lauck Claussen, Federal Aviation
Administration, Flight Standards
Service, Certificate Management Office,
2800 N. 44 Street, Suite 450, Phoenix,
AZ 85008, telephone (602) 379–4350, email nancy.l.claussen@faa.gov.
SUPPLEMENTARY INFORMATION:
in aircraft now. We remain concerned
that if we require children under 2 years
old to be in an approved restraint
system (which requires a passenger
seat), affected operators might find it
necessary to charge a fare for
transporting these children. (Currently
most, if not all, operators do not charge
a fare for children under 2 years old
who are held in an adult’s lap.) In turn,
for economic reasons some adults might
decide to drive in automobiles to their
destinations rather than fly. The FAA is
concerned because automobile injury
and fatality rates are higher than aircraft
injury and fatality rates. As a result,
there would be a net increase in
transportation injuries and fatalities as
families opt, for economic reasons, to
drive rather than fly to their
destinations.
Is There Other Information That Relates to
This Subject?
(g) German AD Number D–2005–242,
effective date: July 1, 2005, also addresses the
subject of this AD.
May I Get Copies of the Documents
Referenced in This AD?
(h) To get copies of the documents
referenced in this AD, contact GROB Luftund Raumfahrt, Lettenbachstrasse 9, D–
86874 Tussenhausen-Mattsies, Federal
Republic of Germany; telephone: 011 49 8268
998139; facsimile: 011 49 8268 998200. To
view the AD docket, go to the Docket
Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW.,
Nassif Building, Room PL–401, Washington,
DC, or on the Internet at https://dms.dot.gov.
This is docket number FAA–2005–21998;
Directorate Identifier 2005–CE–40–AD.
Issued in Kansas City, Missouri, on August
19, 2005.
Terry L. Chasteen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–16986 Filed 8–25–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125 & 135
[Docket No. FAA–2001–9483]
RIN 2120–AG43
Child Restraint Systems
Federal Aviation
Administration (FAA), DOT.
ACTION: Advance notice of proposed
rulemaking, withdrawal.
AGENCY:
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16:35 Aug 25, 2005
Jkt 205001
Background
On February 12, 1997, the White
House Commission on Aviation Safety
and Security (the Commission) issued a
final report that included a
recommendation on CRS use during
flight. The following is an excerpt from
the final report:
‘‘The FAA should revise its
regulations to require that all occupants
be restrained during takeoff, landing,
and turbulent conditions, and that all
infants and small children below the
weight of 40 pounds and under the
height of 40 inches be restrained in an
appropriate child restraint system, such
as child safety seats, appropriate to their
height and weight.’’
On February 18, 1998, the FAA
published an Advance Notice of
Proposed Rulemaking (ANPRM) to
respond to the Commission’s
recommendation (63 FR 8324). The FAA
sought public comment on issues about
the use of CRSs in aircraft during all
phases of flight. The ANPRM did not
propose specific regulatory changes.
Rather, it asked for comments, data, and
analysis to help the FAA decide the best
regulatory approach to ensure the safety
of children who are passengers in
aircraft.
The FAA has determined it is not
appropriate to mandate the use of CRSs
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Frm 00005
Fmt 4702
Sfmt 4702
1995 Report to Congress
In 1994 Congress required the
Secretary of Transportation, by Section
522 of Public Law 103–305, to study the
impact of mandating the use of CRSs for
children under 2 years old on scheduled
air carriers. The Secretary submitted a
report of this study to Congress in 1995.
The report estimated that, if a child
restraint rule were imposed,
approximately five infant lives would be
saved aboard aircraft, and two major
injuries and four minor injuries would
be avoided over a 10-year period. The
report also cautioned that this
improvement would be offset by
additional highway fatalities for airline
passengers who chose to drive rather
than purchase a seat for infants. Even if
infant fares were only 25 percent of full
fare, the report estimated that there
would be diversion to cars and thus a
net increase in fatalities over a 10-year
period.
Industry Action
In July 1997, the air carrier industry
took a positive step toward increasing
infant air travel safety. At that time most
major U.S. airlines introduced a general
policy providing a 50 percent fare
discount for domestic travel for at least
one infant under 2 years old occupying
a seat. Many commenters to the ANPRM
noted that they have taken advantage of
these infant fares.
E:\FR\FM\26AUP1.SGM
26AUP1
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Proposed Rules
1999 DOT Study
The concern expressed in the Report
to Congress was that mandating CRSs
(which require a passenger seat) could
increase airline travel costs to families
with infants enough to cause a
significant number to travel by
automobile instead of by air. This, in
turn, would expose the entire family to
the higher risks of automobile travel and
associated highway fatalities and
injuries.
The general economic principles
contained in the FAA’s 1995 Report to
Congress are commonly accepted as
valid. However, numerous critics have
challenged the probable fare levels the
airline industry would charge and the
degree of diversion from air travel used
in the report.
In May 1999, DOT completed an
analysis supplementing the 1995 FAA
study. This follow-on effort changed
two key assumptions of FAA’s report to
Congress. The 1995 report assumed that
passengers diverted to automobiles
would continue to travel the same
distance as the trip they would have
taken by air. The DOT analysis took the
position that a more realistic evaluation
would be that distant trips would be
cancelled or shorter trips would be
substituted. The FAA study also
analyzed the effect of any fare charged
only on the average size family. The
DOT study assumed that any fare
charged would have a disproportionate
impact on small family units and
consequently those diverted to auto
travel are likely to be smaller parties.
For both of these reasons, the DOT
analysis suggested that the exposure of
diverted air passengers to highway risks
would be less than that estimated in the
FAA analysis. However, the DOT
analysis still estimated a net increase in
deaths and injuries if highway risks
were considered.
Archives of Pediatrics & Adolescent
Medicine Study
In a study published in the Archives
of Pediatrics & Adolescent Medicine
(October 2003), researchers reviewed
existing data from numerous sources,
including data that the FAA presented
in its Report to Congress on Child
Restraint Systems in 1995, regarding the
effects of requiring CRS for infants and
small children on commercial aircraft.
The researchers reached two
conclusions from this study: (1) Unless
there was little or no diversion from
airplanes to cars, there would be a net
increase of deaths for children under 2.
(2) Even with no diversion, the cost of
the proposed policy per death prevented
is too high and would not be an
VerDate jul<14>2003
16:35 Aug 25, 2005
Jkt 205001
appropriate use of resources. If the
additional cost per round trip were $200
per child under age 2, the cost per death
prevented, ignoring car crash deaths,
would be about $1.3 billion.
Discussion of Comments
The FAA received approximately 150
comments in response to its ANPRM on
CRSs. The overwhelming majority of the
commenters supported mandatory use
of CRSs. Many of the comments were
from private citizens who did not
respond to the technical questions
asked. The FAA specifically requested
data and comments on the current
practice of allowing an adult to hold a
child under 2 years of age on his or her
lap. ATA noted that data on the number
of lap-held children are not
systematically tracked by airlines but
cited a 1993 Gallup organization survey
conducted for them that shows 3.8
million trips were taken by children less
than 2 years old. KLM offered brief
comments about the levels of child
travel throughout the year. Commenters
did not submit data or analysis to
convince the FAA that mandating the
use of CRSs in aircraft would not have
the unintended consequence of causing
a net increase in transportation injuries
and fatalities. The comments are
available for viewing in the rulemaking
docket set up for this project (docket no.
FAA–2001–9483). To view the docket,
go to https://dms.dot.gov and put in the
docket number.
Continuing Efforts To Avoid Child
Injury
Better CRSs
Concurrently with this withdrawal
document, the FAA is amending its
regulations to allow FAA-approved
CRSs to be used in aircraft. Current FAA
regulations allow the use of CRSs that
are designed for the automobile
environment. CRSs designed
specifically for the aircraft environment
cannot be used unless a specific
exemption is issued to authorize such
use. We are removing the need for air
carriers to petition for an exemption to
use CRSs that are approved by the FAA
through a Type Certificate,
Supplemental Type Certificate, or
Technical Standard Order.
The FAA is aware of at least one
innovative CRS that is expected to work
well in the aircraft environment. This
CRS, made by AMSAFE, improves lap
belt performance for children between
22 and 44 pounds who would otherwise
be restrained only with the lap belt. The
FAA’s Los Angeles Aircraft Certification
Office worked with AMSAFE to issue
STC No. ST01781LA on April 15, 2005,
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Fmt 4702
Sfmt 4702
50227
for a simple supplemental adjustable
restraint. The restraint uses an
additional belt/shoulder harness that
goes around the seat back and attaches
to the passenger lap belt, providing
improved upper torso restraint. The
device can be easily stowed and
installed.
Education About Turbulence
As part of an initiative to prevent
injuries caused by turbulence, the FAA
is coordinating the dissemination of
public information (to passengers and
air carriers) that includes effective
practices regarding the use of CRSs in
turbulence. The FAA is planning on
providing website information, creating
a ‘‘turbulence library of electronic
resources’’, and publishing an Advisory
Circular.
Also, the FAA has launched a new
phase of an existing nationwide public
education campaign to raise public
awareness about the importance of
using CRSs and seat belts. The
campaign emphasizes that: Proper use
of CRSs and seat belts may prevent
injuries, especially in the event of
unexpected turbulence; the FAA
strongly recommends that parents use
an approved CRS based on the child’s
weight; and the FAA strongly advises all
passengers to be properly restrained at
all times.
As part of the education campaign,
the FAA developed a new FAA website
dedicated to informing passengers about
seat belt use and child safety (https://
www.faa.gov/passengers/fly_children/
crs/). The Web site incorporates a series
of print and radio Public Service
Announcements (PSA), a video PSA,
tips on child safety, and a brochure
targeted to parents of young children.
Several of these materials exist in both
English and Spanish.
In addition, we are working together
with interested organizations, including
airline industry representatives, injury
prevention groups and corporate
entities. The focus of these partnerships
is to establish web links between the
FAA and partners to ensure they have
the latest information on safety
developments and to distribute copies
of the new brochure.
Petitions for Rulemaking
The FAA has received several
petitions for rulemaking regarding the
use of CRSs in aircraft. Because of the
timing of the petitions and the issues
raised, the FAA had not formally closed
the petitions. The petitions were from
the Aviation Consumer Action Project
(Docket No. 23833), Los Angeles Area
Child Passenger Safety Association
(Docket No. 25984), Stuart R. Miller
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26AUP1
50228
Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Proposed Rules
(Docket No. 25985), and Air Transport
Association of America (Docket No.
26276). The FAA considers that this
withdrawal document, along with
earlier rulemakings on the subject of
child restraints, responds to the
petitions for rulemaking and we now
consider the petitions closed.
Conclusion
The FAA withdraws the Advance
Notice of Proposed Rulemaking
published at 63 FR 43228 on August 12,
1998, to pursue other options that will
mitigate the risk of child injuries and
fatalities in aircraft. Withdrawal of the
Advance Notice of Proposed
Rulemaking does not preclude the FAA
from issuing another notice on the
subject matter in the future or commit
the agency to any future course of
action. Although we are not continuing
rulemaking now, we strongly
recommend that all children who fly,
regardless of their age, use the
appropriate restraint based on their size
and weight.
Issued in Washington, DC, on August 18,
2005.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. 05–16783 Filed 8–25–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
[REG–104143–05]
RIN 1545–BE32
Application of the Federal Insurance
Contributions Act to Payments Made
for Certain Services
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document contains
proposed amendments to regulations
relating to payments made for service
not in the course of the employer’s trade
or business, for domestic service in a
private home of the employer, for
agricultural labor, and for service
performed as a home worker within the
meaning of section 3121(d)(3)(C) of the
Internal Revenue Code (Code). These
proposed amendments would provide
guidance concerning the application of
the Federal Insurance Contributions Act
(FICA) to these payments. These
proposed amendments would affect
employers that make these payments
and employees that receive these
VerDate jul<14>2003
16:35 Aug 25, 2005
Jkt 205001
payments. These proposed amendments
would provide guidance to assist these
taxpayers in complying with the law.
DATES: Written or electronic comments
and requests for a public hearing must
be received by November 25, 2005.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–104143–05), room
5203, Internal Revenue Service, POB
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to: CC:PA:LPD:PR (REG–104143–05),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via the IRS Internet site
at https://www.irs.gov/regs or via the
Federal eRulemaking Portal at
https://www.regulations.gov/ (IRS REG–
104143–05).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
please contact Paul Carlino of the Office
of Division Counsel/Associate Chief
Counsel (Tax Exempt and Government
Entities), (202) 622–0047; concerning
submissions of comments or to request
a public hearing, please contact LaNita
Van Dyke, (202) 622–7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background
This document contains proposed
amendments to the Employment Tax
Regulations (26 CFR part 31) under
sections 3102, 3121(a), 3121(a)(7),
3121(a)(8), 3121(a)(10), and 3121(i) of
the Code. The Federal Insurance
Contributions Act (FICA) generally
imposes tax on each employer and
employee. Under section 3111, FICA tax
is imposed on the employer in an
amount equal to a percentage of the
wages paid by that employer. Under
section 3101, FICA tax is also imposed
on the employee in an amount equal to
a percentage of the wages received by
the employee with respect to
employment. Section 3102 requires the
employer to collect the tax imposed
under section 3101 by deducting and
withholding the amount of the tax from
the wages as and when paid. Section
3121(a) defines wages for FICA tax
purposes as all remuneration for
employment unless otherwise excepted.
Sections 3121(a)(7) (relating to domestic
service in a private home of the
employer and to service not in the
course of the employer’s trade or
business), 3121(a)(8) (relating to
agricultural labor) and 3121(a)(10)
(relating to service performed as a home
worker within the meaning of section
3121(d)(3)(C)) provide exceptions to the
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Frm 00007
Fmt 4702
Sfmt 4702
definition of wages for FICA tax
purposes. Section 3121(i)(1) provides
that in the case of domestic service
described in section 3121(a)(7)(B), any
payment of cash remuneration for such
service which is more or less than a
whole-dollar amount, to the extent
prescribed by regulations, may be
computed to the nearest dollar.
Section 3102(a) provides that an
employer may deduct an amount
equivalent to the FICA tax imposed by
section 3101 from any payment of cash
remuneration to which sections
3121(a)(7)(B), 3121(a)(7)(C),
3121(a)(8)(B) and 3121(a)(10) apply,
even though at the time of payment the
total amount of such remuneration paid
to the employee by the employer in the
calendar year is less than the dollar
threshold amount used to determine
whether the remuneration is wages for
FICA tax purposes. An employer that
chooses to withhold FICA taxes
imposed by section 3101 prior to
reaching the dollar threshold amount
used to determine whether the
remuneration is wages for FICA tax
purposes must repay the employee the
withheld amount if the dollar threshold
is not met in the calendar year. If the
withheld amount has been deposited,
the employer must repay or reimburse
the employee the withheld amount in
accordance with the rules under
§ 31.6413(a)–1 of the regulations.
Changes to sections 3102(a) and
3121(a)(7)(B) were made by section
2(a)(1) of the Social Security Domestic
Employment Reform Act of 1994,
(SSDERA), Public Law 103–387 (108
Stat. 4071). The SSDERA also added
section 3121(x). Changes to section
3102(a) were made by section 424(b) of
the Social Security Protection Act of
2004 (SSPA), Public Law 108–203 (118
Stat. 493, 536). Changes to section
3121(a)(8)(B) were made by section
8017(b) of the Technical and
Miscellaneous Revenue Act of 1988 (the
1988 Act), Public Law 100–647 (102
Stat. 3342, 3793) and section 9002(b) of
the Omnibus Budget Reconciliation Act
of 1987 (the 1987 Act), Public Law 100–
203 (101 Stat. 1330, 1330–287). Changes
to sections 3102(a), 3121(a)(7)(C) and
3121(a)(10) were made by sections
355(a) and 356(a) of the Social Security
Amendments of 1977 (the 1977 Act),
Public Law 95–216 (91 Stat. 1509,
1555). These statutory changes are not
reflected in the existing regulations of
§§ 31.3102–1, 31.3121(a)–2,
31.3121(a)(7)–1, 31.3121(a)(8)–1,
31.3121(a)(10)–1, and 31.3121(i)–1.
These proposed regulations would
amend these existing regulations to
reflect the statutory changes.
E:\FR\FM\26AUP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Proposed Rules]
[Pages 50226-50228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16783]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125 & 135
[Docket No. FAA-2001-9483]
RIN 2120-AG43
Child Restraint Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Advance notice of proposed rulemaking, withdrawal.
-----------------------------------------------------------------------
SUMMARY: The FAA is withdrawing a previously published Advance Notice
of Proposed Rulemaking that sought public comment on issues about the
use of child restraint systems (CRSs) in aircraft. Specifically, we
sought crash performance and ease-of-use information about existing and
new automotive CRSs, when used in aircraft. We also sought information
about the development of any new or improved CRSs designed exclusively
for aircraft use. We are withdrawing the document to pursue other
options that will mitigate the risk of child injuries and fatalities in
aircraft.
FOR FURTHER INFORMATION CONTACT: Nancy Lauck Claussen, Federal Aviation
Administration, Flight Standards Service, Certificate Management
Office, 2800 N. 44 Street, Suite 450, Phoenix, AZ 85008, telephone
(602) 379-4350, e-mail nancy.l.claussen@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 12, 1997, the White House Commission on Aviation Safety
and Security (the Commission) issued a final report that included a
recommendation on CRS use during flight. The following is an excerpt
from the final report:
``The FAA should revise its regulations to require that all
occupants be restrained during takeoff, landing, and turbulent
conditions, and that all infants and small children below the weight of
40 pounds and under the height of 40 inches be restrained in an
appropriate child restraint system, such as child safety seats,
appropriate to their height and weight.''
On February 18, 1998, the FAA published an Advance Notice of
Proposed Rulemaking (ANPRM) to respond to the Commission's
recommendation (63 FR 8324). The FAA sought public comment on issues
about the use of CRSs in aircraft during all phases of flight. The
ANPRM did not propose specific regulatory changes. Rather, it asked for
comments, data, and analysis to help the FAA decide the best regulatory
approach to ensure the safety of children who are passengers in
aircraft.
The FAA has determined it is not appropriate to mandate the use of
CRSs in aircraft now. We remain concerned that if we require children
under 2 years old to be in an approved restraint system (which requires
a passenger seat), affected operators might find it necessary to charge
a fare for transporting these children. (Currently most, if not all,
operators do not charge a fare for children under 2 years old who are
held in an adult's lap.) In turn, for economic reasons some adults
might decide to drive in automobiles to their destinations rather than
fly. The FAA is concerned because automobile injury and fatality rates
are higher than aircraft injury and fatality rates. As a result, there
would be a net increase in transportation injuries and fatalities as
families opt, for economic reasons, to drive rather than fly to their
destinations.
1995 Report to Congress
In 1994 Congress required the Secretary of Transportation, by
Section 522 of Public Law 103-305, to study the impact of mandating the
use of CRSs for children under 2 years old on scheduled air carriers.
The Secretary submitted a report of this study to Congress in 1995. The
report estimated that, if a child restraint rule were imposed,
approximately five infant lives would be saved aboard aircraft, and two
major injuries and four minor injuries would be avoided over a 10-year
period. The report also cautioned that this improvement would be offset
by additional highway fatalities for airline passengers who chose to
drive rather than purchase a seat for infants. Even if infant fares
were only 25 percent of full fare, the report estimated that there
would be diversion to cars and thus a net increase in fatalities over a
10-year period.
Industry Action
In July 1997, the air carrier industry took a positive step toward
increasing infant air travel safety. At that time most major U.S.
airlines introduced a general policy providing a 50 percent fare
discount for domestic travel for at least one infant under 2 years old
occupying a seat. Many commenters to the ANPRM noted that they have
taken advantage of these infant fares.
[[Page 50227]]
1999 DOT Study
The concern expressed in the Report to Congress was that mandating
CRSs (which require a passenger seat) could increase airline travel
costs to families with infants enough to cause a significant number to
travel by automobile instead of by air. This, in turn, would expose the
entire family to the higher risks of automobile travel and associated
highway fatalities and injuries.
The general economic principles contained in the FAA's 1995 Report
to Congress are commonly accepted as valid. However, numerous critics
have challenged the probable fare levels the airline industry would
charge and the degree of diversion from air travel used in the report.
In May 1999, DOT completed an analysis supplementing the 1995 FAA
study. This follow-on effort changed two key assumptions of FAA's
report to Congress. The 1995 report assumed that passengers diverted to
automobiles would continue to travel the same distance as the trip they
would have taken by air. The DOT analysis took the position that a more
realistic evaluation would be that distant trips would be cancelled or
shorter trips would be substituted. The FAA study also analyzed the
effect of any fare charged only on the average size family. The DOT
study assumed that any fare charged would have a disproportionate
impact on small family units and consequently those diverted to auto
travel are likely to be smaller parties. For both of these reasons, the
DOT analysis suggested that the exposure of diverted air passengers to
highway risks would be less than that estimated in the FAA analysis.
However, the DOT analysis still estimated a net increase in deaths and
injuries if highway risks were considered.
Archives of Pediatrics & Adolescent Medicine Study
In a study published in the Archives of Pediatrics & Adolescent
Medicine (October 2003), researchers reviewed existing data from
numerous sources, including data that the FAA presented in its Report
to Congress on Child Restraint Systems in 1995, regarding the effects
of requiring CRS for infants and small children on commercial aircraft.
The researchers reached two conclusions from this study: (1) Unless
there was little or no diversion from airplanes to cars, there would be
a net increase of deaths for children under 2. (2) Even with no
diversion, the cost of the proposed policy per death prevented is too
high and would not be an appropriate use of resources. If the
additional cost per round trip were $200 per child under age 2, the
cost per death prevented, ignoring car crash deaths, would be about
$1.3 billion.
Discussion of Comments
The FAA received approximately 150 comments in response to its
ANPRM on CRSs. The overwhelming majority of the commenters supported
mandatory use of CRSs. Many of the comments were from private citizens
who did not respond to the technical questions asked. The FAA
specifically requested data and comments on the current practice of
allowing an adult to hold a child under 2 years of age on his or her
lap. ATA noted that data on the number of lap-held children are not
systematically tracked by airlines but cited a 1993 Gallup organization
survey conducted for them that shows 3.8 million trips were taken by
children less than 2 years old. KLM offered brief comments about the
levels of child travel throughout the year. Commenters did not submit
data or analysis to convince the FAA that mandating the use of CRSs in
aircraft would not have the unintended consequence of causing a net
increase in transportation injuries and fatalities. The comments are
available for viewing in the rulemaking docket set up for this project
(docket no. FAA-2001-9483). To view the docket, go to https://
dms.dot.gov and put in the docket number.
Continuing Efforts To Avoid Child Injury
Better CRSs
Concurrently with this withdrawal document, the FAA is amending its
regulations to allow FAA-approved CRSs to be used in aircraft. Current
FAA regulations allow the use of CRSs that are designed for the
automobile environment. CRSs designed specifically for the aircraft
environment cannot be used unless a specific exemption is issued to
authorize such use. We are removing the need for air carriers to
petition for an exemption to use CRSs that are approved by the FAA
through a Type Certificate, Supplemental Type Certificate, or Technical
Standard Order.
The FAA is aware of at least one innovative CRS that is expected to
work well in the aircraft environment. This CRS, made by AMSAFE,
improves lap belt performance for children between 22 and 44 pounds who
would otherwise be restrained only with the lap belt. The FAA's Los
Angeles Aircraft Certification Office worked with AMSAFE to issue STC
No. ST01781LA on April 15, 2005, for a simple supplemental adjustable
restraint. The restraint uses an additional belt/shoulder harness that
goes around the seat back and attaches to the passenger lap belt,
providing improved upper torso restraint. The device can be easily
stowed and installed.
Education About Turbulence
As part of an initiative to prevent injuries caused by turbulence,
the FAA is coordinating the dissemination of public information (to
passengers and air carriers) that includes effective practices
regarding the use of CRSs in turbulence. The FAA is planning on
providing website information, creating a ``turbulence library of
electronic resources'', and publishing an Advisory Circular.
Also, the FAA has launched a new phase of an existing nationwide
public education campaign to raise public awareness about the
importance of using CRSs and seat belts. The campaign emphasizes that:
Proper use of CRSs and seat belts may prevent injuries, especially in
the event of unexpected turbulence; the FAA strongly recommends that
parents use an approved CRS based on the child's weight; and the FAA
strongly advises all passengers to be properly restrained at all times.
As part of the education campaign, the FAA developed a new FAA
website dedicated to informing passengers about seat belt use and child
safety (https://www.faa.gov/passengers/fly_children/crs/). The Web site
incorporates a series of print and radio Public Service Announcements
(PSA), a video PSA, tips on child safety, and a brochure targeted to
parents of young children. Several of these materials exist in both
English and Spanish.
In addition, we are working together with interested organizations,
including airline industry representatives, injury prevention groups
and corporate entities. The focus of these partnerships is to establish
web links between the FAA and partners to ensure they have the latest
information on safety developments and to distribute copies of the new
brochure.
Petitions for Rulemaking
The FAA has received several petitions for rulemaking regarding the
use of CRSs in aircraft. Because of the timing of the petitions and the
issues raised, the FAA had not formally closed the petitions. The
petitions were from the Aviation Consumer Action Project (Docket No.
23833), Los Angeles Area Child Passenger Safety Association (Docket No.
25984), Stuart R. Miller
[[Page 50228]]
(Docket No. 25985), and Air Transport Association of America (Docket
No. 26276). The FAA considers that this withdrawal document, along with
earlier rulemakings on the subject of child restraints, responds to the
petitions for rulemaking and we now consider the petitions closed.
Conclusion
The FAA withdraws the Advance Notice of Proposed Rulemaking
published at 63 FR 43228 on August 12, 1998, to pursue other options
that will mitigate the risk of child injuries and fatalities in
aircraft. Withdrawal of the Advance Notice of Proposed Rulemaking does
not preclude the FAA from issuing another notice on the subject matter
in the future or commit the agency to any future course of action.
Although we are not continuing rulemaking now, we strongly recommend
that all children who fly, regardless of their age, use the appropriate
restraint based on their size and weight.
Issued in Washington, DC, on August 18, 2005.
John M. Allen,
Acting Director, Flight Standards Service.
[FR Doc. 05-16783 Filed 8-25-05; 8:45 am]
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