[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Rules and Regulations]
[Pages 18271-18274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7195]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

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


Special Conditions: Airbus Model A320 Airplanes; Child Restraint 
System

AGENCY: Federal Aviation Administration (FAA), DOT.

[[Page 18272]]


ACTION: Amended final special conditions; request for comments.

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SUMMARY: These amended special conditions are for Airbus Model A320 
airplanes. These airplanes, as modified by AMSAFE Inc., will have the 
novel and unusual design feature of a child restraint system that 
attaches to the existing passenger lap belt. Special Conditions No. 25-
255-SC were issued for this novel and unusual design feature on 
December 8, 2003. These special conditions contained dynamic test 
requirements. AMSAFE subsequently applied to amend those special 
conditions so that the requirements would be applicable to and 
appropriate for the certification basis of the Airbus A320 airplane. 
The A320 type certification basis requires only static testing for 
seats. The applicable airworthiness regulations, including those 
contained in Special Conditions No. 25-255-SC, do not contain adequate 
or appropriate safety standards for this design feature. These special 
conditions contain the appropriate (i.e., static testing) safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards for the A320 airplanes.

DATES: The effective date of these special conditions is March 31, 
2005.
    Comments must be received on or before May 26, 2005.

FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe and Cabin 
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft 
Certification Service, 1601 Lind Avenue SW., Renton, Washington, 98055-
4056; telephone (425) 227-2195; facsimile (425) 227-1149, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA has determined that notice and opportunity for prior public 
comment is impracticable because these special conditions have been 
subject to the public comment process in several prior instances with 
no substantive comments received. The FAA therefore finds that good 
cause exists for making these special conditions effective upon 
issuance; however, we invite interested persons to participate in this 
rulemaking by submitting written comments, data, or views. The most 
helpful comments reference a specific portion of the special 
conditions, explain the reason for any recommended change, and include 
supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these special conditions. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 7:30 a.m. and 4 p.m. Monday through Friday, 
except Federal holidays.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions in light of the comments received.
    If you want the FAA to acknowledge receipt of your comments on 
these special conditions, include with your comments a pre-addressed, 
stamped postcard on which the docket number appears. We will stamp the 
date on the postcard and mail it back to you.

Background

    On February 12, 2003, AMSAFE Inc., P.O. Box 1570, Higley, Arizona 
85236, applied for a supplemental type certificate for the modification 
of Airbus Model A320 airplanes. The modification includes a child 
restraint system (identified by AMSAFE as a child safety system (CSS)) 
that wraps horizontally around the seat back and attaches to the 
existing passenger lap belt. It can be installed on certain seats of 
Airbus Model A320 airplanes in order to reduce potential for injury in 
the event of an accident. The Model A320 is a swept-wing, conventional 
tail, twin-engine, turbofan-powered transport airplane.
    Because the existing airworthiness standards of 14 CFR part 25 do 
not address CSS, the FAA developed special conditions to address this 
design feature. Special Conditions No. 25-255-SC were issued to AMSAFE 
Inc. on December 8, 2003, and published in the Federal Register on 
December 17, 2003 (66 FR 70133).

Type Certification Basis

    Under the provisions of Sec.  21.101, AMSAFE Inc. must show that 
the Airbus Model A320 airplanes, as changed, continue to meet the 
applicable provisions of the regulations incorporated by reference in 
Type Certificate No. A28NM, or the applicable regulations in effect on 
the date of application for the change. The regulations incorporated by 
reference in the type certificate are commonly referred to as the 
``original type certification basis.'' The regulations incorporated by 
reference in Type Certificate No. A28NM are as follows: 14 CFR part 25, 
effective February 1, 1965, including Amendments 25-1 through 25-56; 
SFAR 27, effective February 1, 1974, including Amendments 27-1 through 
27-5; and 14 CFR part 36 effective December 1, 1969, including 
Amendments 36-1 through 36-12. In addition, the certification basis 
includes other regulations and special conditions that are not 
pertinent to these special conditions.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Airbus Model A320 airplanes 
because of a novel or unusual design feature, special conditions are 
prescribed under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the Airbus Model A320 airplanes must comply with the fuel 
vent and exhaust emission requirements of 14 CFR part 34 and the noise 
certification requirements of 14 CFR part 36.
    Special conditions, as defined in Sec.  11.19, are issued in 
accordance with Sec.  11.38 and become part of the type certification 
basis in accordance with Sec.  21.101.
    Special conditions are initially applicable to the model for which 
they are issued. Should AMSAFE Inc. apply for a supplemental type 
certificate to modify any other model included on the same type 
certificate to incorporate the same or similar novel or unusual design 
feature, the special conditions would also apply to the other model 
under the provisions of Sec.  21.101.

Novel or Unusual Design Features

    The AMSAFE Inc., Child Safety System (CSS) is an improved harness 
type child restraint system (CRS) that utilizes the seat back and the 
lap belt on passenger seats to provide upper torso restraint and to 
improve the restraint of small children. The physical characteristics 
of small children will govern the use of the CSS and must be defined 
according to accepted classification standards. The device is intended 
for children in the 1- to 4-year age group who are prohibited from 
being held in their parents' arms during taxi, take-off, and landing 
and must occupy their own passenger seat, typically with no 
supplemental restraint. The CSS is made with webbing and fastening 
hardware and consists of an adjustable strap that

[[Page 18273]]

wraps horizontally around the seat back to secure the device to the 
passenger seat, and a double shoulder harness that is fastened around 
the child's upper torso. The ends of the device's shoulder harness are 
held in place using the existing passenger lap belt that is passed 
through two open loops on the lower ends of the device's shoulder 
straps. The current part 25 airworthiness regulations are not adequate 
to define the necessary certification criteria.

Discussion

    The CSS is a non-conforming CRS that is not approved for use on 
aircraft per Federal Motor Vehicle Safety Standard (FMVSS) 213 and as 
such the design requirements are established in these special 
conditions. It is a safety restraint device specifically designed for 
use by small children on aircraft.
    The applicable airworthiness regulations do not contain adequate or 
appropriate safety standards for this particular design feature. 
Additional safety standards are therefore necessary to establish a 
level of safety equivalent to that established in the regulations.
    As discussed earlier, the applicable airworthiness standards for 
the Airbus Model A-320 are part 25, Amendments 25-1 through 25-56. The 
requirement for dynamic seat testing (Sec.  25.562) was adopted in 
Amendment 25-64 and is not included in the certification basis for this 
airplane. Nevertheless, at the applicant's request, dynamic testing 
requirements were included in the original special conditions. However, 
the seats on which the CSS are to be installed are not currently 
required to be dynamically tested and in most cases would not pass this 
test. Since the CSS would not improve the performance of the seats 
themselves, requiring this test for the CSS would serve no useful 
purpose. Therefore, we are revising Special Condition No. 1 to remove 
the requirement for dynamic testing.
    Original Special Condition No. 9 contained a related requirement to 
show that the CSS would not cause the occupant's passenger seat back to 
fold over during a crash situation. But the seat itself is not required 
to meet this condition, even without the CSS installed. Therefore, this 
requirement is also inappropriate, and we are rescinding original 
Special Condition No. 9.
    Additionally, the operating regulations, 14 CFR 91.107 and 121.311, 
prohibit the use of any ``vest-type child restraints, and harness-type 
child restraints'' for commercial and private use operations. In order 
for the CSS, which is a harness-type child restraint, to be useable in 
the U.S., AMSAFE Inc., or their agent, must petition the FAA for an 
exemption from the operating regulations. The petition must be granted 
in order to allow use of the CSS.
    The following special conditions can be characterized as addressing 
the safety performance of the system and the capability of the system 
to be installed and utilized without creating additional safety 
concerns. Because of the nature of the system and the direct interface 
with the crew and passengers, as well as the intended occupants, these 
special conditions are more rigorous from a design standpoint than the 
standard lapbelt installation.

Applicability

    As discussed above, these special conditions are applicable to the 
Airbus Model A320 airplanes modified by AMSAFE Inc. Should AMSAFE Inc. 
apply at a later date for a supplemental type certificate to modify any 
other model included on Type Certificate No. A28NM to incorporate the 
same or similar novel or unusual design feature, these special 
conditions would apply to that model as well under the provisions of 
Sec.  21.101.

Comments Invited

    The substance of these special conditions, in similar form, has 
been previously subjected to public comment and all of the four 
comments from the single commenter have been fully considered and 
addressed. It is unlikely that prior public comment would result in a 
significant change from the substance contained herein. For this 
reason, the FAA finds that good cause exists for making these special 
conditions effective upon issuance. The FAA is requesting comments to 
allow interested persons to submit views that may not have been 
submitted in response to the prior opportunities for comment described 
above.

Conclusion

    This action affects only certain novel or unusual design features 
on Airbus Model A320 airplanes. It is not a rule of general 
applicability, and it affects only the applicant who applied to the FAA 
for approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

0
The authority citation for these special conditions is as follows:

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

The Amended Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the following special conditions are issued as part of 
the type certification basis for the Airbus Model A320 airplanes 
modified by AMSAFE Inc.
    1. The child safety system (CSS), when used in conjunction with a 
standard two-point lap belt system, must provide upper and lower torso 
restraint for the range of occupant sizes for which the system is 
designed in accordance with sections 2.3 and 2.4 of the Society of 
Automotive Engineers Aerospace Standard 5276/1.
    2. Means must be provided to prevent the use of the CSS with 
children who are outside the range of statures that the system was 
designed and tested for. The range of statures for which the CSS is 
approved must be clearly labeled on the device (i.e., weight and 
height).
    3. There must be obvious, clear, and concise instructions readily 
available to the flight and cabin crew as to the proper installation 
and use of the CSS system.
    4. The design of the CSS must prevent it from being incorrectly 
buckled and/or incorrectly installed such that the CSS would not 
properly perform its intended function.
    5. The strength of the CSS assembly shall be demonstrated by static 
test. The assembly shall not fail when a 1500 lbs. load is applied to 
the device in accordance with the static test requirements of SAE AS 
8043, ``Torso Restraint Systems,'' March 1986, Section 6, Requirements 
for Assembly Performance.
    6. The CSS must not impede rapid egress of the occupant using the 
CSS and must not impede the rapid egress of the occupants seated in the 
same row.
    7. Means must be provided to prohibit the installation and use of 
the CSS in the following seats and seat locations:
    a. Emergency exit rows
    b. Behind any wall or seat back that has an inflatable airbag
    c. Any passenger seat that has an inflatable restraint system
    d. Side-facing seats
    8. It must be shown that the performance of the CSS will not be 
degraded by tray tables, phones, or other devices installed in the seat 
back.
    9. Passenger seats approved for installation of the CSS must be 
clearly identified to the installer by aircraft and seat model number.
    10. Since 14 CFR 91.107 and 14 CFR 121.311 currently prohibit the 
use of any ``vest-type child restraints, and harness-type child 
restraints'' in commercial and private use operations,

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it is incumbent upon an operator who wishes to use the CSS to petition 
FAA Flight Standards for exemption from these two regulations. The 
exemption must be granted in order for the system to be used by a U.S. 
operator.

    Issued in Renton, Washington, on March 31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-7195 Filed 4-8-05; 8:45 am]
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