Additional Types of Child Restraint Systems That May Be Furnished and Used on Aircraft, 40003-40010 [E6-11112]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40003-40010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11112]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 125, and 135

[Docket No. FAA-2006-25334; Amendment Nos. 91-292; 121-326; 125-51; and 
135-106]
RIN 2120-AI76


Additional Types of Child Restraint Systems That May Be Furnished 
and Used on Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The Federal Aviation Administration (FAA) is amending certain 
operating regulations to allow passengers or aircraft operators to 
furnish and use more types of Child Restraint Systems (CRS) on 
aircraft. This rule will allow the use of CRSs that the FAA approves 
under the aviation standards of Technical Standard Order C-100b, Child 
Restraint Systems. In addition, the rule will allow the use of CRSs 
approved by the FAA under its certification regulations regarding the 
approval of materials, parts, processes, and appliances. Current rules 
allow passengers and aircraft operators to furnish and use CRSs that 
meet Federal Motor Vehicle Safety Standard No. 213 (FMVSS No. 213), or 
the standards of the United Nations, or that are approved by a foreign 
government. The intended effect of this regulation is to increase the 
number of CRS options that are available for use on aircraft, while 
maintaining safe standards for certification and approval. In addition, 
more CRS options may increase the voluntary use of CRSs on aircraft 
and, in turn, improve children's safety.

DATES: This final rule is effective August 14, 2006. You must submit 
your comments on or before August 14, 2006.

ADDRESSES: Address your comments to the Docket Management System, U.S. 
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. You must identify the docket number FAA-
2006-25334 at the beginning of your comments, and you should submit two 
copies of your comments.
    You may also submit comments through the Internet to https://
dms.dot.gov. You may review the public docket containing comments to 
these regulations in person in the Dockets Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The Dockets 
Office is on the plaza level of the NASSIF Building at the Department 
of Transportation at the above address. Also, you may review public 
dockets on the Internet at https://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Nancy Lauck Claussen, Federal Aviation 
Administration, Flight Standards Service, Air Transportation Division 
(AFS-200), 800 Independence Avenue, SW., Washington, DC 20591; 
Telephone 202-267-8166, E-mail nancy.l.claussen@faa.gov.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA is adopting this final rule without prior notice and public 
comment. The Regulatory Policies and Procedures of the Department of 
Transportation (DOT) (44 FR 1134; February 26, 1979), however, provide 
that, to the maximum extent possible, operating administrations for the 
DOT should provide an opportunity for public comment on regulations 
issued without prior notice. Therefore, we invite interested persons to 
participate in this rulemaking by submitting such written data, views, 
or arguments, as they may desire. We also invite comments relating to 
environmental, energy, federalism, or international trade impacts that 
might result from this amendment. Please include the regulatory docket 
or amendment number and send two copies to the address above. We will 
file all comments received, as well as a report summarizing each 
substantive public contact with FAA personnel on this rulemaking, in 
the public docket. The

[[Page 40004]]

docket is available for public inspection before and after the comment 
closing date.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
https://dms.dot.gov.
    The FAA will consider all comments received on or before the 
closing date for comments. We will consider late comments to the extent 
practicable. We may amend this final rule in light of the comments 
received.
    Commenters who want the FAA to acknowledge receipt of their 
comments submitted in response to this final rule must include a 
preaddressed, stamped postcard with those comments on which the 
following statement is made: ``Comments to Docket No. FAA-2006-25334.'' 
The postcard will be date-stamped by the FAA and mailed to the 
commenter.

Availability of Final Rule

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (https://dms.dot.gov/search);
    (2) Visiting the FAA's Regulations and Policies web page at https://
www.faa.gov/regulations_policies/; or
    (3) Accessing the Government Printing Office's web page at https://
www.gpoaccess.gov/fr/.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBRFA on the Internet at our site, https://www.faa.gov/
regulations_policies/rulemaking/sbre_act/.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. 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.
    The FAA is issuing this rulemaking under the authority set forth in 
49 U.S.C. 44701(a)(5). Under that section, the Administrator is charged 
with promoting safe flight of civil aircraft by, among other things, 
prescribing regulations that the Administrator finds necessary for 
safety in air commerce

Background

August 26, 2005 CRS Final Rule

    On August 26, 2005, the FAA published a final rule that amended its 
operating regulations to allow the use of CRSs that are approved by the 
FAA through Type Certificate (TC), Supplemental Type Certificate (STC), 
or Technical Standard Order (TSO) (70 FR 50902). The August 26, 2005 
final rule allows an operator to provide these CRSs. It does not allow 
passengers to furnish and use a CRS approved through TC, STC, or TSO. 
This is in contrast to CRSs that meet FMVSS No. 213 or the standards of 
the United Nations, or are approved by a foreign government, which 
passengers may furnish and use on aircraft.

Comments on the August 26, 2005 CRS Final Rule

    The FAA received 16 comments on the August 26, 2005 final rule. 
Commenters included individuals, a CRS manufacturer, and the American 
Academy of Pediatrics (AAP). The overwhelming majority of commenters 
requested that the FAA amend the August 26, 2005 final rule to allow 
passengers, in addition to aircraft operators, to furnish and use CRSs 
approved by the FAA. Many individuals stated that passengers should be 
able to obtain and use the AmSafe CAReS CRS, which received an STC from 
the FAA on April 15, 2005 and was referenced in the final rule.
    In the August 26, 2005 rule the FAA stated that we may amend the 
final rule in light of the comments received. After reviewing those 
comments, the FAA has decided to amend its operating rules to allow 
both passengers and aircraft operators to furnish and use CRSs that the 
FAA has approved under Sec.  21.305(d) and TSO C-100b. This is similar 
to provisions in the current rules that allow passengers and aircraft 
operators to furnish and use CRSs that meet FMVSS No. 213 or the 
standards of the United Nations, or are approved by a foreign 
government. Because TCs and STCs are aircraft-specific, the FAA has 
determined it is very unlikely a manufacturer would use the STC process 
if it wanted to allow CRSs to be widely available to the public.
    It could be confusing to passengers if they were allowed to furnish 
CRSs approved by STC since the approval would only be for specific 
aircraft. For example, if passengers furnished CRSs approved by STC, 
they might be able to use them on one leg of a trip, but if they were 
on a different type aircraft for another leg of the trip, they would 
not be able to use the CRS unless it had been tested and approved for 
use on the second aircraft. Passengers could not furnish CRSs approved 
by TC since such CRSs are integrated into the aircraft design.
    AAP supported our August 26, 2005 modification to the child 
restraint rule and made three recommendations. First, it urged us to 
continue to emphasize flight attendant training regarding the use of 
CRSs. The FAA regulations and associated guidance, such as Advisory 
Circular 120-87, Use of Child Restraint Systems on Aircraft (https://
www.airweb.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf), continue to address flight attendant training 
in this area and other areas of cabin safety. Overall, the operator has 
the responsibility to ensure the proper use of CRSs.
    Second, AAP suggested that the FAA establish a unified process to 
allow FAA approval of a CRS for use on all seats and aircraft in 
addition to the FAA's STC process, which is tied to specific aircraft. 
The FAA's TSO process will allow manufacturers, or others, to develop 
CRSs that meet the standards of the TSO and obtain FAA approval for use 
on a wide variety of aircraft. Likewise, manufacturers, or others, may 
seek FAA approval of a CRS through Sec.  21.305(d) of the regulations. 
In either case, aircraft operators, passengers, and certificate holders 
will be able to furnish and use the CRSs on an aircraft without 
additional FAA installation approval. This should encourage the 
development and use of new types of CRSs.
    Third, the AAP recommended use of an appropriate size 
anthropomorphic test dummy (ATD) to evaluate the safety and 
effectiveness of a proposed CRS device. AAP stated that testing should 
include the range of flight conditions including turbulence. TSO C-100b

[[Page 40005]]

incorporates testing that is specific to the flight environment. The 
TSO also requires that the CRS and its integral restraints be designed 
to be compatible with classification standards developed by the AAP. In 
addition, the TSO requires that one or more ATD representing the child 
categories for which the CRS is intended for use be used to simulate 
the child-occupant in the dynamic testing required by the TSO. TSO C-
100b is available on our website at (https://www.airweb.faa.gov/
Regulatory_and_Guidance_Library/rgTSO.nsf/MainFrame?OpenFrameSet). 
Likewise, FAA approvals of CRSs under Sec.  21.305(d) will use TSO C-
100b as a benchmark standard and require an equivalent level of safety.
    Individuals criticized our August 26, 2005 rule, because the FAA 
did not require all airlines to install CRSs to protect children when 
it is known that carrying car seats on board aircraft is difficult for 
passengers. As stated in prior rulemakings, the FAA is not requiring 
airlines to install or provide CRSs. Use of CRSs on aircraft will 
continue to be voluntary for the reasons discussed in previous 
rulemakings. This amendment, however, should encourage the manufacture 
of portable, easy-to-use child restraint systems that can be purchased 
and used by passengers and aircraft operators. Another individual 
stated that the parents should have received prior notice and an 
opportunity to comment before the FAA issued the August 26, 2005 rule 
because the safety of children is a significant issue. Like the 
majority of the commenters, this individual stated that parents should 
have the option of purchasing and using a CRS approved through 
additional FAA certification processes. In response, the FAA is 
amending our operating rules to allow parents who purchase CRSs 
approved by the FAA under TSO C-100b or Sec.  21.305(d) to actually 
secure their children in those CRSs during any phase of aircraft 
operation.

Purpose of Final Rule

    Current Sec. Sec.  91.107, 121.311, 125.211, and 135.128 allow 
passengers to furnish and use and aircraft operators to provide, CRSs 
that meet FMVSS No. 213, Child restraint system (49 CFR 571.213), or 
the standards of the United Nations, or are approved by a foreign 
government. Also, current regulations allow aircraft operators to 
provide CRSs that are approved by the FAA through a TC, STC, or TSO.
    The FAA is using its regulatory authority to create a set of 
operating rules that can accommodate innovations in the development of 
CRS. Currently, if an operator wants to furnish CRSs for passenger use 
that are approved under Sec.  21.305(d), the operator must petition the 
FAA for an exemption from our operating rules. Current rules do not 
allow the use of a CRS approved under Sec.  21.305(d) on aircraft 
during ground movement, take off, and landing. This amendment will 
allow CRSs with unique and novel design features to be used on 
aircraft.
    In addition, current rules do not allow passengers to furnish and 
use CRSs approved by the FAA under Sec.  21.305(d) or TSO C-100b. If an 
operator wants to allow its passengers to furnish and use such CRSs, 
the operator needs to petition the FAA for an exemption from our 
operating rules.
    If the FAA did not go forward with this final rule, an aircraft 
operator would have to petition for an exemption to allow the use of 
CRSs that the FAA has already determined to be safe through these 
certification standards. By amending the rule to allow both aircraft 
operators and passengers to voluntarily furnish and use CRSs approved 
by the FAA under Sec.  21.305(d) or TSO C-100b, the FAA will reduce an 
administrative burden on aircraft operators by eliminating the need to 
apply for exemptions to allow the use of these CRSs. Increasing the 
number of CRS certification options available for manufacturers and 
amending the operating rules to make these options administratively and 
economically viable should encourage the development of innovative 
CRSs. In addition, the FAA is ensuring safety through the approval 
standards in Sec.  21.305(d) and TSO C-100b. For more information on 
how the FAA will ensure safety through the approval standards in Sec.  
21.305(d) and TSO C-100b, see the preamble discussion under ``FAA 
Approval Process.''

Detailed Discussion of Rule

    The FAA is increasing the types of CRSs that passengers and 
aircraft operators are allowed to furnish and use to include CRSs 
approved by the FAA under Sec.  21.305(d) and TSO C-100b. In 1992, the 
FAA increased the types of CRSs allowed on aircraft to include use of 
CRSs that meet the standards of the United Nations or are approved by a 
foreign government (57 FR 42662; September 15, 1992). This rule does 
not affect the use of CRSs that are already approved for use on 
aircraft. See www.faa.gov/passengers/childtips.cfm for FAA 
recommendations on choosing the correct CRS for air travel.
    Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks (April 21,1997) states, ``children may 
suffer disproportionately from environmental health risks and safety 
risks'' because ``children's size and weight may diminish their 
protection from standard safety features.'' Properly restraining 
children on aircraft is difficult because there is a large variance in 
muscle development, height, weight, and upper body strength. While CRSs 
meeting the FMVSS No. 213 standard do not always fit well in an 
aircraft seat, CRSs meeting this standard markedly improve the safety 
of a child under 44 pounds who would otherwise use a lap belt, or be 
unrestrained on a parent's lap. However, because these CRSs are bulky, 
and sometimes difficult to install properly, many parents or guardians 
elect to use the standard aircraft lap belt for their child. The FAA 
has determined this final rule will help to make a wider variety of 
safe CRSs available for use by children on an aircraft, thereby 
increasing the safety of children.
    One example of a CRS that the FAA is considering approving under 
Sec.  21.305(d) is currently manufactured by AMSAFE. This CRS improves 
lap belt performance for children between 22 and 44 pounds who would 
otherwise use only the lap belt. Unlike the harness devices prohibited 
from use by our current rules (see discussion under Prohibition Against 
the Use of Certain CRS During Ground Movement, Take Off and Landing), 
the AMSAFE CAReS uses an additional belt and shoulder harness that 
encircles the seat back and attaches to the passenger lap belt, 
providing improved upper torso restraint.
    To reduce the administrative burden on industry while maintaining 
or increasing safety to children, the FAA is adding regulatory language 
in 14 CFR parts 91, 121, 125, and 135 that allows passengers and 
aircraft operators to furnish and use CRSs the FAA has approved under 
Sec.  21.305(d) or TSO C-100b, and to use them during all phases of 
flight, even if such CRSs are booster-type or vest- and harness-type 
CRSs. Thus, although the rules will generally continue to ban the use 
of booster-type, vest-type, and harness-type CRSs, the new rule will 
allow the use of such CRSs if the CRS has been approved by the FAA 
under Sec.  21.305(d) or TSO C-100b. The FAA anticipates that other 
manufacturers of CRSs not meeting FMVSS No. 213 will seek FAA approval 
under Sec.  21.305(d) or TSO C-100b. As with the AMSAFE CAReS, the FAA 
will need to determine, through the appropriate approval process, if 
the CRS is a safe alternative to methods of restraint that are already 
approved for use on aircraft.

[[Page 40006]]

Prohibition Against the Use of Certain CRS During Ground Movement, Take 
Off, and Landing

    Under the current rules, except for CRSs that are approved under 
TC, STC, or TSO, a booster-type child restraint, a vest-type child 
restraint system, a harness-type child restraint system, or a lap held 
child restraint system may not be used during ground movement, take 
off, and landing. In 1996, the FAA prohibited use of these CRSs (61 FR 
28416).\1\ However, the FAA also stated we would review our prohibition 
if a manufacturer designs a safe alternative (61 FR 28419). Again, in 
this final rule the FAA is amending the operating regulations to allow 
passengers and aircraft operators to voluntarily furnish CRSs approved 
under Sec.  21.305(d) or TSO C-100b, and to use these CRSs during all 
phases of flight, even if the CRS is a booster-type child restraint, a 
vest-type child restraint system, or a harness-type child restraint 
system.
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    \1\ During the cruise portion of the flight, there is no 
regulatory prohibition regarding the use of any type of child 
restraint. This includes those CRSs prohibited from use during 
ground movement, takeoff, and landing.
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FAA Approval Processes

    Under the changes we are making to the operating regulations, a 
passenger or operator will be able to furnish and use CRSs approved 
under Sec.  21.305(d) or TSO C-100b. Passengers and aircraft operators 
will continue to be allowed to furnish and use CRSs that meet the 
requirements of FMVSS No. 213 or the standards of the United Nations, 
or are approved by a foreign government. The United Nations standards 
and most standards approved by foreign governments are similar to FMVSS 
No. 213. Foreign governments are responsible for determining whether to 
accept under their operating regulations CRSs approved by the FAA under 
Sec.  21.305(d) or TSO C-100b. However, most countries automatically 
accept FAA approval without further review. By using Sec.  21.305(d) or 
TSO C-100b for CRS approval, the FAA can address methods of CRS 
approval that encourage CRS innovation, while still ensuring safety 
through the approval processes. Each CRS manufacturer will have the 
ability to select the approval process that is most appropriate for its 
CRS, based on CRS design and proposed equivalent level of safety.

 FAA Approval Under Sec.  21.305(d)

    Under the FAA's certification procedures rules, Sec.  21.305(d) 
allows a material, part, process, or appliance to be approved in any 
manner approved by the Administrator. One of the reasons that the FAA 
included this provision in Sec.  21.305 over 40 years ago, was to 
address the unique challenges presented by certain types of equipment 
for use on aircraft. In the past, the FAA has approved portable 
equipment (e.g., portable fire extinguishers) for use on aircraft, in 
accordance with Sec.  21.305(d), using the approval standards of 
Underwriter's Laboratories, Inc., Factory Mutual Reserch Corp., or the 
U.S. Coast Guard under Title 46 of the CFR.
    When approving a CRS under the provisions of Sec.  21.305(d), the 
FAA must ensure that the applicant meets an equivalant level of safety 
to that of the other approval processes. For a CRS, the FAA's technical 
experts will look at the benchmark (TSO C-100b) and identify the 
safety-critical features. They will ensure that each of these features 
adequately provides an equivalent level of safety. This will ensure 
that a CRS approved by the FAA under Sec.  21.305(d) will meet a high 
level of safety regarding testing, quality, and performance standards.
    To demonstrate an equivalent level of safety for a harness-type 
restraint, similar to the AMSAFE CAReS discussed earlier, the FAA will 
look at things such as:
     Does the CRS retain the aircraft passenger seat lap belt's 
original functionality as the primary means of occupant restraint;
     Is the CRS designed so children using it correctly will 
not suffer serious injury when exposed to the inertia forces specified 
in 14 CFR 25.561 and 14 CFR 25.562;
     Does the CRS, when being used, impede the rapid egress for 
the CRS occupant and passengers in the same row;
     Is the performance of the CRS degraded by tray tables, 
phones, or other devices installed in the seat back;
     When used properly, does the CRS interfere with normal 
operation of the tray table or other seat-mounted devices? For example, 
under anticipated loading conditions, does the CRS cause the tray table 
to deploy?
    To review a copy of the requirements applicable to a CRS that the 
FAA is currently considering approving under the Sec.  21.305(d) 
approval process, see the docket for this rulemaking.

TSO Process

    A TSO is a minimum performance standard issued by the FAA for 
specified materials, parts, processes, and appliances used on aircraft. 
These performance standards must be met for an applicant to receive TSO 
approval. The current listing of TSO information contains a list of 
authorized manufacturers and articles produced by TSO Holders under a 
TSO Authorization or Letter of TSO Design Approval. The Web site also 
contains TSO C-100b, Child Restraint System. TSO C-100b tells people 
seeking a TSO Authorization or Letter of Design Approval what minimum 
performance standards their CRS must first meet to obtain FAA approval 
under the TSO process. For more information on TSOs, see https://
www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/
MainFrame?OpenFrameSet.
    TSO C-100b contains standards for performance testing and 
evaluation, operating instructions, equipment limitations, installation 
procedures and limitations, and instructions for continuing maintenance 
of CRSs. The standards are those the FAA finds necessary to ensure that 
a CRS will operate satisfactorily in an aircraft passenger seat. These 
standards are not mandatory, and are one method of obtaining FAA 
approval for a CRS. An applicant can obtain approval to deviate from 
the TSO if it shows that the CRS design features provide an equivalent 
level of safety to the TSO under standard TSO review processes or under 
the Sec.  21.305(d) approval process.
    TSO C-100b is a specific aviation performance standard that is 
similar to the standard required by FMVSS No. 213. However, TSO C-100b 
requires testing that is representative of an aviation environment, so 
the chances of a CRS built to TSO C-100b standards performing ``as 
tested'' on an aircraft in an accident are greater than a CRS tested 
under FMVSS No. 213. TSO C-100b was published in the Federal Register 
on August 7, 2001, for public review and comment prior to its adoption 
(66 FR 41304).
    In this final rule the FAA allows passengers and aircraft operators 
to voluntarily furnish and use CRSs approved under TSO C 100b, without 
a requirement for installation approval. This is the same standard of 
use provided to passengers and aircraft operators in the current rule 
regarding CRSs that meet the requirements of FMVSS No. 213.

FAA CRS Initiatives

Increasing the Voluntary Use of CRSs and Encouraging the Development of 
Innovative CRSs in the Aviation Environment

    This final rule is part of a multi-faceted FAA initiative to 
encourage and increase the voluntary use of CRSs and to encourage the 
development of innovative CRSs that work well in the

[[Page 40007]]

aviation environment. The FAA is working to increase the types of CRS 
that are approved for use in aircraft and to reduce the administrative 
burden to aircraft operators and CRS manufacturers through this 
rulemaking and our August 26, 2005, final rule. In addition, the FAA is 
actively working with CRS manufacturers who are seeking FAA approval by 
STC, or TSO, for innovative CRS designs. The FAA also initiated a 
public education campaign, ``Turbulence Happens'', on the effective use 
of CRS in the fall of 2005 and published Advisory Circular (AC) 120-87, 
Use of Child Restraint Systems on Aircraft, on November 3, 2005. See 
https://www.airweb.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf for more information on AC 120-87.

Avoiding Consumer Confusion

    Labeling. FAA-approved CRSs that do not meet FMVSS No. 213 are not 
safe for use in motor vehicles. Therefore, the FAA is taking several 
steps to avoid consumer confusion regarding these devices. First, the 
FAA will require CRSs that are approved by TSO or Sec.  21.305(d) to 
have a clear warning label that states the CRS is not safe for use in 
motor vehicles. Although not part of this rulemaking, the FAA also 
plans to require a similar warning label on CRSs that may be approved 
by the FAA through the STC process. See Figure 1 for a sample of the 
warning label the FAA will require.
[GRAPHIC] [TIFF OMITTED] TR14JY06.032

    Second, the FAA is revising existing educational material to advise 
aircraft operators and parents about the risks that a device approved 
solely for use in an aircraft can pose in an automotive environment. As 
part of this initiative, the FAA is revising the information on its 
website for passengers traveling with children. We are putting 
additional educational material on the site to remind people that FAA-
approved devices are not safe for use in motor vehicles. Third, the FAA 
is revising its AC concerning Child Restraints to include specific 
information stating the differences between FAA-approved devices that 
can only be used in aircraft and CRSs that can be used in both aircraft 
and motor vehicles.
    Aviation Child Safety Devices. The FAA recognizes that the term 
``Child Restraint System'' originally was used to refer to child 
restraints that meet the requirements of FMVSS No. 213. However, in the 
1992 and 2005 rulemakings the term ``CRS'' was used to describe devices 
that did not meet the requirements of FMVSS No. 213. The FAA will 
continue to use the general term ``CRS'' to refer to any approved seat 
or device used to restrain children on aircraft. However, in an 
additional effort to reduce consumer confusion regarding devices that 
meet the requirements of FMVSS No. 213 and are safe for use in motor 
vehicles, and those devices that do not meet FMVSS No. 213, the FAA 
intends to introduce a new term in appropriate FAA documents and public 
education materials to refer to CRSs that are only approved for use in 
the aviation environment. The FAA will call these aviation-only 
restraints ``Aviation Child Safety Devices'' (ACSDs) The FAA is working 
with the National Highway Traffic Safety Administration to ensure that 
any labeling on ACSDs does not confuse consumers into thinking the 
devices meet the requirements of FMVSS No. 213.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no new information collection requirements associated with this 
rule.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

Good Cause for Immediate Adoption

    Section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(B)) authorizes agencies to dispense with certain notice 
procedures for rules when they find ``good cause'' to do so. Under 
section 553(b)(B), the requirements of prior notice and opportunity for 
comment do not apply when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.''
    This final rule would allow passengers and aircraft operators to 
voluntarily furnish and use CRSs that have received FAA approval 
through Sec.  21.305(d) or TSO C-100b. This is parallel to the current 
regulations that allow passengers and aircraft operators to voluntarily 
furnish and use CRSs that meet FMVSS No. 213, meet the standards of the 
United Nations, or are approved by a foreign government. Prior public 
comment is unnecessary because this amendment simply recognizes other 
processes by which a CRS can be approved for use on aircraft. TSO C-

[[Page 40008]]

100b and Sec.  21.305(d), which uses TSO C-100b as a benchmark for CRS 
approval standards, were already subject to notice and comment. 
Moreover, the FAA has already obtained public comments regarding the 
August 26, 2005 final rule, and this final rule is responsive to those 
comments.
    We do not anticipate significant public comment on this amendment, 
since it does not impose a requirement. This final rule simply 
recognizes that the FAA has additional approval processes to determine 
that a CRS is safe for use on aircraft and removes an administrative 
burden for an operator to apply for an exemption to allow a passenger 
or the operator to voluntarily furnish and use a CRS that the FAA has 
found safe through Sec.  21.305(d) or TSO C-100b. In addition, there is 
already precedent for broadening the methods of approving CRSs for use 
on aircraft such as those CRSs showing approval from a foreign 
government or showing approval that the CRS was manufactured under the 
standards of the United Nations (57 FR 42662; September 15, 1992).
    This final rule should not have an adverse safety impact, because 
it merely recognizes an alternative approval process for CRSs and makes 
CRSs more widely available for children by allowing passengers and 
aircraft operators to voluntarily furnish and use CRSs approved under 
Sec.  21.305(d) and TSO C-100b on aircraft. In fact, it should provide 
safety benefits. As a result, the FAA has determined that good cause 
exists for making this rule effective 30 days after publication because 
notice and comment procedures are unnecessary.

Economic Evaluation, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulation justify its costs. Second, 
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis for U.S. 
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4) requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation).
    The Department of Transportation Order DOT 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If it is determined that the expected cost impact is so 
minimal that a rule does not warrant a full evaluation, this order 
permits that a statement to that effect and the basis for it be 
included in the preamble; a full regulatory evaluation cost benefit 
evaluation need not, then, be prepared. Such a determination has been 
made for this rule. The reasoning for that determination follows.
    This final rule will allow passengers and aircraft operators to 
voluntarily furnish and use CRSs approved by the FAA under Sec.  
21.305(d) or TSO C-100b on aircraft. This parallels current regulations 
that allow passengers and aircraft operators to voluntarily furnish and 
use CRSs that meet FMVSS No. 213, meet the standards of the United 
Nations, or are approved by a foreign government. Adding this language 
does not have an adverse safety impact, because the language merely 
recognizes the efficacy of alternative approval processes for CRSs. The 
intended effect of this regulation is to lessen the administrative 
burden to industry and increase the voluntary use of CRS on aircraft, 
while maintaining or increasing safety for children.
    This final rule reduces the regulatory, or administrative, burden 
to industry by taking away the necessity for aircraft operators to 
individually seek an exemption from FAA operating rules in order for 
passengers, or for themselves, to furnish and use CRSs approved under 
Sec.  21.305(d) or TSO C-100b.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the RFA. However, if an agency determines that a proposed or final rule 
is not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the RFA provides that the 
head of the agency may so certify and a regulatory flexibility analysis 
is not required. The certification must include a statement providing 
the factual basis for this determination, and the reasoning should be 
clear.
    This final rule allows passengers and aircraft operators to 
voluntarily furnish and use CRS approved under 21.305(d) or TSC C-100b 
on aircraft. Its economic impact for aircraft operators is minimal and 
cost relieving. Therefore, as the FAA Administrator, I certify that 
this action will not have a significant economic impact on a 
substantial number of small entities. The FAA solicits comments about 
this determination.

Trade Impact Assessment

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Legitimate domestic objectives, such as safety, are not 
considered unnecessary obstacles. The statute also requires 
consideration of international standards and, where appropriate, that 
they be the basis for U.S. standards. The FAA has assessed the 
potential effect of this rulemaking and has determined that it will 
have only a domestic impact and therefore no effect on any trade-
sensitive activity.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act) is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in an expenditure of $100 million or more (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a

[[Page 40009]]

``significant regulatory action.'' The FAA currently uses an inflation-
adjusted value of $120.7 million in lieu of $100 million.
    This final rule does not contain such a mandate. The requirements 
of Title II of the Act, therefore, do not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action does 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, and therefore would not have federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this final rule qualifies for the categorical exclusion 
identified in paragraph 312f and involves no extraordinary 
circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). We have determined that it is not 
a ``significant energy action'' under the executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866, 
and it is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy.

List of Subjects

14 CFR Part 91

    Aircraft, Aviation safety.

14 CFR Part 121

    Air carriers, Safety, Transportation.

14 CFR Part 125

    Aircraft, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Aviation safety.

The Amendments

0
In consideration of the foregoing the Federal Aviation Administration 
amends Chapter I of Title 14 Code of Federal Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 Stat.1180).


0
2. Amend Sec.  91. 107 by revising paragraphs (a)(3)(iii)(B)(3)(iii), 
(a)(3)(iii)(B)(4), and adding (a)(3)(iii)(B)(3)(iv) to read as follows:


Sec.  91.107  Use of safety belts, shoulder harnesses, and child 
restraint systems.

    (a) * * *
    (3) * * *
    (iii) * * *
    (B) * * *
    (3) * * *
    (iii) That the seat or child restraint device furnished by the 
operator was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (iv) That the seat or child restraint device furnished by the 
operator, or one of the persons described in paragraph (a) (3) (iii) 
(A) of this section, was approved by the FAA in accordance with Sec.  
21.305(d) or Technical Standard Order C-100b, or a later version.
    (4) Except as provided in Sec.  91.107(a)(3)(iii)(B)(3)(iii) and 
Sec.  91.107(a)(3)(iii)(B)(3)(iv), booster-type child restraint systems 
(as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 
571.213)), vest- and harness-type child restraint systems, and lap held 
child restraints are not approved for use in aircraft; and
* * * * *

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
3. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.


0
4. Amend Sec.  121.311 by revising paragraphs (b)(2)(ii)(C)(3), 
(b)(2)(ii)(D), and (c)(1), and adding paragraph (b)(2)(ii)(C)(4) to 
read as follows:


Sec.  121.311  Seats, safety belts, and shoulder harnesses.

    (b) * * *
    (2) * * *
    (ii) * * *
    (C) * * *
    (3) That the seat or child restraint device furnished by the 
certificate holder was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (4) That the seat or child restraint device furnished by the 
certificate holder, or one of the persons described in paragraph (b) 
(2) (i) of this section, was approved by the FAA in accordance with 
Sec.  21.305(d) or Technical Standard Order C-100b, or a later version.
    (D) Except as provided in Sec.  121.311(b)(2)(ii)(C)(3) and Sec.  
121.311(b)(2)(ii)(C)(4), booster-type child restraint systems (as 
defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 
571.213)), vest- and harness-type child restraint systems, and lap held 
child restraints are not approved for use in aircraft; and
    (c) * * *
    (1) Except as provided in Sec.  121.311(b)(2)(ii)(C)(3) and Sec.  
121.311(b)(2)(ii)(C)(4), no certificate holder may permit a child, in 
an aircraft, to occupy a booster-type child restraint system, a vest-
type child restraint system, a harness-type child restraint system, or 
a lap held child restraint system during take off, landing, and 
movement on the surface.
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

0
5. The authority citation for part 125 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.


0
6. Amend Sec.  125.211 by revising paragraphs (b)(2)(ii)(C)(3), 
(b)(2)(ii)(D), and (c)(1), and adding paragraph (b)(2)(ii)(C)(4) to 
read as follows:


Sec.  125.211  Seat and safety belts.

    (b) * * *
    (1) * * *
    (2) * * *
    (ii) * * *
    (C) * * *
    (3) That the seat or child restraint device furnished by the 
certificate holder was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (4) That the seat or child restraint device furnished by the 
certificate holder, or one of the persons described in paragraph 
(b)(2)(i) of this section, was

[[Page 40010]]

approved by the FAA in accordance with Sec.  21.305(d) or Technical 
Standard Order C-100b, or a later version.
    (D) Except as provided in Sec.  125.211(b)(2)(C)(3) and Sec.  
125.211(b)(2)(C)(4), booster-type child restraint systems (as defined 
in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), 
vest- and harness-type child restraint systems, and lap held child 
restraints are not approved for use in aircraft; and
    (c) * * *
    (1) Except as provided in Sec.  125.211(b)(2)(ii)(C)(3) and Sec.  
125.211(b)(2)(ii)(C)(4), no certificate holder may permit a child, in 
an aircraft, to occupy a booster-type child restraint system, a vest-
type child restraint system, a harness-type child restraint system, or 
a lap held child restraint system during take off, landing, and 
movement on the surface.
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

0
7. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 44113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.


0
8. Amend Sec.  135.128 by revising paragraphs (a)(2)(ii)(C)(3), 
(a)(2)(ii)(D), and (b)(1), and adding pargraph (a)(2)(ii)(C)(4) to read 
as follows:


Sec.  135.128  Use of safety belts and child restraint systems.

    (a) * * *
    (2) * * *
    (ii) * * *
    (C) * * *
    (3) That the seat or child restraint device furnished by the 
certificate holder was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (4) That the seat or child restraint device furnished by the 
certificate holder, or one of the persons described in paragraph 
(b)(2)(i) of this section, was approved by the FAA in accordance with 
Sec.  21.305(d) or Technical Standard Order C-100b, or a later version.
    (D) Except as provided in Sec.  135.128(a)(2)(C)(3) and Sec.  
135.128(a)(2)(C)(4), booster-type child restraint systems (as defined 
in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), 
vest- and harness-type child restraint systems, and lap held child 
restraints are not approved for use in aircraft; and
    (b) * * *
    (1) Except as provided in Sec.  135.128 (a)(2)(ii)(C)(3) and Sec.  
135.128 (a)(2)(ii)(C)(4), no certificate holder may permit a child, in 
an aircraft, to occupy a booster-type child restraint system, a vest-
type child restraint system, a harness-type child restraint system, or 
a lap held child restraint system during take off, landing, and 
movement on the surface.
* * * * *

    Issued in Washington, DC, on July 7, 2006.
Marion C. Blakey,
Administrator.
 [FR Doc. E6-11112 Filed 7-13-06; 8:45 am]
BILLING CODE 4910-13-P