[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Rules and Regulations]
[Page 66840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19412]



[[Page 66840]]

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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 (FAA), DOT.

ACTION: Disposition of comments on final rule.

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SUMMARY: On July 14, 2006, the Federal Aviation Administration (FAA) 
amended certain operating regulations to allow passengers or aircraft 
operators to furnish and use more types of Child Restraint Systems 
(CRS) on aircraft. The rule allowed 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 allowed the use of 
CRSs approved by the FAA under its certification regulations regarding 
the approval of materials, parts, processes, and appliances. The 
intended effect of the rule was to increase the number of CRS options 
that are available for use on aircraft, while maintaining safe 
standards for certification and approval. This action is a summary and 
disposition of comments received on the July 14, 2006 final rule.

ADDRESSES: The complete docket for the final rule on Additional Types 
of Child Restraint Systems that May be Furnished and Used on Aircraft 
may be examined at the Dockets Office on the plaza level of the NASSIF 
Building at the U.S. Department of Transportation, Room Plaza 401, 400 
Seventh Street, SW., Washington, DC 20590-0001. You may review the 
public docket containing comments to these regulations in person in the 
Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, 
except Federal holidays. Also, you may review public dockets on the 
Internet at http://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 [email protected].

SUPPLEMENTARY INFORMATION:

Background

August 26, 2005 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 allowed an operator to provide these CRSs. It did not allow 
passengers to furnish and use a CRS approved through TC, STC, or TSO. 
This is in contrast to CRSs that meet Federal Motor Vehicle Safety 
Standard (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. The FAA received 16 comments on the August 26, 2005, final 
rule. 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.

July 14, 2006 Final Rule

    After reviewing the comments to the August 26, 2005 final rule, the 
FAA decided to amend its operating rules to allow both passengers and 
aircraft operators to furnish and use CRSs that the FAA has approved 
under 14 CFR 21.305(d) and TSO C-100b. We published another final rule 
on July 14, 2006 (71 FR 40003). The July 14, 2006 final rule amendments 
were 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.

Discussion of Comments

    The FAA received 16 comments on the July 14, 2006 final rule. 
Fifteen comments were from individuals and one was from the Air 
Transport Association (ATA)/United Airlines. All of the comments were 
positive. Many of the commenters noted and appreciated the FAA's 
attempt to be responsive to comments previously submitted on the August 
26, 2005 final rule. Many of the commenters also noted positively that 
the final rule would allow passengers to furnish and use the AMSAFE 
CAReS CRS, which the FAA referenced in the July 14, 2006 final rule as 
an example of one CRS that the FAA may approve through the Sec.  
21.305(d) approval process. Some commenters also noted that the final 
rule would serve to encourage innovative technology in the area of 
child restraint and was in the best interests of safety, economy, 
children, parents, the traveling public, and air carriers. In addition, 
ATA noted it would ``be beneficial for the carriers and the passengers 
to be able to see the list and images of the TSO C-100b approved CRS.'' 
The FAA maintains a list of all authorized TSO Holders on its public 
Web site (http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgTSO.nsf/MainFrame?OpenFrameSet). Information regarding any TSO 
holders will be posted on our Web site.

Conclusion

    After consideration of the comments submitted in response to the 
final rule, the FAA has determined that no further rulemaking action is 
necessary. Amendment Nos. 91-292, 121-326, 125-51, and 135-106 remain 
in effect as adopted.

    Issued in Washington, DC, on November 7, 2006.
James J. Ballough,
Director, Flight Standards Service.
[FR Doc. E6-19412 Filed 11-16-06; 8:45 am]
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