[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Proposed Rules]
[Pages 50226-50228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16783]


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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.

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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 [email protected].

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 http://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 (http://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]
BILLING CODE 4910-13-P