[Federal Register Volume 68, Number 242 (Wednesday, December 17, 2003)]
[Rules and Regulations]
[Pages 70133-70135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31024]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM266; Special Conditions No. 25-255-SC]


Special Conditions: Airbus Model A320 Airplanes; Child Restraint 
System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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[[Page 70134]]

SUMMARY: These special conditions are for Airbus Model A320 airplanes. 
These airplanes, as modified by AMSAFE Inc., will have novel and 
unusual design features associated with a child restraint system that 
attaches to the existing passenger lap belt. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These special conditions contain the 
additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards.

EFFECTIVE DATE: January 16, 2004.

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 
[email protected].

SUPPLEMENTARY INFORMATION:

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 attaches to the existing passenger lap belt and can be installed 
on certain seats of Airbus Model A320 airplanes in order to reduce the 
potential for injury in the event of an accident. The Model A320 is a 
swept-wing, conventional tail, twin-engine, turbofan-powered transport 
airplane.

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 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 JetBlue Airways Airbus A320 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 by the existing 
airworthiness standards for transport category airplanes.
    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 for 
the standard lapbelt installation.

Discussion of Comments

    Notice of proposed special conditions No. 25-03-07-SC for the 
Airbus Model A320 airplanes was published in the Federal Register on 
October 8, 2003 (68 FR 58042). One commenter responded.
    The commenter, on behalf of its members, notes that the members 
generally support the special conditions, but express some concerns 
(some safety related, others not so) with the design and certification 
of the CSS. The commenter's concerns and FAA responses are as follows:
    Comment 1: The CSS could endanger the child if installed on a seat 
with full breakover, and it would be difficult to control the seats 
where the CSS could be installed.
    FAA Response: The FAA does not agree. Special Condition 1 requires 
that the CSS prevent serious head and other

[[Page 70135]]

injuries under dynamic landing conditions. If a seat with full 
breakover would cause serious head or other injuries to a child in a 
CSS, the CSS cannot be installed in such a seat. Special Condition 11 
requires that seats, together with the child safety system, that can be 
shown to achieve Special Condition 1 need to be identified to the 
installer of the CSS. While this may incur some difficulty for an 
operator wishing to use the CSS, this is part of the responsibility the 
operator accepts for voluntarily using the CSS. Additionally, Special 
Condition 9 requires that the CSS be shown to not cause the affected 
seat back to fold over in a crash and cause injury to the occupant.
    Comment 2: The CSS could potentially damage the tray table in the 
seat back or interfere with its operation by the passenger seated 
behind the CSS.
    FAA Response: Interference with the use of a tray table is not a 
safety concern. Each potential user must determine whether or not to 
offer the CSS to airplane occupants. These special conditions do not 
require any operator to provide the CSS. Special Condition 10, however, 
is intended to ensure that items such as a tray table do not interfere 
with the performance of the CSS.
    Comment 3: The seat back is not designed to carry the load of the 
CSS plus an occupant and may be damaged in an emergency.
    FAA Response: Special Conditions 1 and 9 are intended to ensure 
that the combination of CSS and passenger seat will provide protection 
to the occupant during a dynamic event. Damage to the passenger seat is 
not addressed by these special conditions. Again, it is up to the 
potential installer/operator to determine if the CSS should be offered 
as an option to the airplane occupants.
    Comment 4: There may be delay in releasing the harness in an 
emergency due to unfamiliarity by crewmembers, and additional training 
may be necessary for flight attendants.
    FAA Response: Special conditions 3, 4, 5, and 6 are intended to 
fully address the issue of use of the CSS and the rapidity of egress of 
the occupant from the device. Training, if deemed necessary or 
appropriate, is one of the considerations for whether or not the CSS 
should be offered by the installer/operator.
    The FAA agrees with the intent of the safety concerns expressed by 
the commenter, but, as noted above, considers that they are adequately 
addressed by the special conditions and existing certification 
requirements. The special conditions are therefore adopted as proposed.

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.

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:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The 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) must provide child restraint 
protection under dynamic emergency landing conditions to prevent 
serious head and other injuries. It must protect a range of occupant 
statures for which the system is designed in accordance with Sections 
2.3 and 2.4 of the Society of Automotive Engineers (SAE) document 
AS5276/1. The CSS must provide a consistent approach to energy 
absorption throughout that range.
    2. Means must be provided to prevent the use of the CSS with 
children who are outside the range of statures for which the system was 
designed and tested. The range of statures for which the CSS is 
approved must be clearly labeled on the device.
    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 for children.
    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 CSS must meet the minimum performance standards of Appendix 
1 and the test conditions of Appendix 2 of Technical Standard Order 
C100b.
    6. The CSS must not impede rapid egress of the occupant using the 
CSS and the occupants seated in the same row.
    7. Means must be provided to prohibit the installation and use of 
the CSS in the emergency exit rows.
    8. The CSS must be shown to operate safely in the following 
locations, or means must be provided to prohibit the installation and 
use of the CSS at these seat locations:
    a. Behind any wall or seat back that has an inflatable airbag.
    b. Any passenger seat that has an inflatable restraint system.
    c. Side-facing seats.
    9. It must be shown that the CSS will not cause the occupant's 
passenger seat back to fold over during a crash situation and cause 
injury to the occupant.
    10. It must be shown that tray tables, phones or other devices 
installed in the seat back will not degrade the performance of the CSS.
    11. Passenger seats approved for installation of the CSS must be 
clearly identified to the installer by location and part number.
    12. The operating regulations, 14 CFR 91.107 and 14 CFR 121.311, 
prohibit the use of any ``vest-type child restraints, and harness-type 
child restraints'' in commercial and private use operations. It is 
therefore incumbent upon AMSAFE Inc., or their agent, to petition the 
FAA 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 December 8, 2003.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-31024 Filed 12-16-03; 8:45 am]
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