[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Proposed Rules]
[Pages 36890-36891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15709]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2011-0628]
Clarification of Prior Interpretations of the Seat Belt and
Seating Requirements for General Aviation Flights
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed clarification of prior interpretations.
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SUMMARY: This action proposes to clarify prior interpretations of the
seat belt and seating requirements of 14 CFR 91.107(a)(3). These prior
interpretations state that the shared use of a single restraint may be
permissible. The proposed clarification states that the use of a seat
belt and/or seat by more than one occupant is appropriate only if: The
seat belt is approved and rated for such use; the structural strength
requirements for the seat are not exceeded; and the seat usage conforms
with the limitations contained in the approved portion of the Airplane
Flight Manual. The proposed clarification also emphasizes that the
proper restraint method for children during operations conducted under
part 91 relies on the good judgment of the pilot, who should be
intimately aware of the capabilities and structural requirements of the
aircraft that he or she is operating.
DATES: Comments must be received on or before August 22, 2011.
ADDRESSES: You may send comments identified by docket number FAA-2011-
0628 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send Comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: Take comments to Docket Operations in Room
W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Alex Zektser, Attorney, Regulations
Division, Office of Chief Counsel, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267-
3073; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested persons to submit written comments,
data, or views concerning this proposal. The most helpful comments
reference a specific portion of the proposal, explain the reason for
any recommended change, and include supporting data. To ensure the
docket does not contain duplicate comments, please send only one copy
of written comments, or if you are filing comments electronically,
please submit your comments only one time.
The FAA will file in the docket all comments received, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposal. Before acting on this proposal, the FAA will
consider all comments received on or before the closing date for
comments and any late-filed comments if it is possible to do so without
incurring expense or delay. The FAA may change this proposal in light
of comments received.
Availability of This Proposed Clarification of Prior Interpretations
You can get an electronic copy using the Internet by--
(1) Searching the Federal eRulemaking Portal (http://www.regulations.gov);
(2) Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
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 or notice number of this proposal.
Background
On March 22, 2009, a Pilatus PC-12/45 descended and impacted the
ground near the approach end of a runway at Bert Mooney Airport in
Butte, Montana. After investigating this incident, the National
Transportation Safety Board (NTSB) determined the following.
At the time of the impact, the Pilatus PC-12/45 airplane was
operating as a personal flight under the provisions of 14 CFR part 91.
The pilot and the 13 airplane passengers were killed, and the airplane
was destroyed by impact forces and the postcrash fire. Among the 13
passengers were six adults and seven children. Because the flight was a
single-pilot operation, eight seats in the cabin and one seat in the
cockpit were available to the 13 passengers. Thus, the number of
passengers exceeded the number of available seats. The NTSB was unable
to determine the original seating position for most of the occupants,
but the bodies of four children, ages 3 to 9 years, were found farthest
from the impact site, indicating that these children were likely thrown
from the airplane because they were unrestrained or improperly
restrained. The NTSB noted that if the accident had been less severe
and the impact had been survivable, any unrestrained occupant or
occupants sharing a single restraint system would have been at a much
greater risk of injury or death.
As a result of the March 22, 2009 incident described above, the
NTSB has requested that the FAA withdraw its prior interpretations of
14 CFR 91.107(a)(3), which permit the shared use of a single restraint
system.
Discussion of the Proposal
In response to the NTSB's request, the FAA proposes to clarify its
prior interpretations of 14 CFR 91.107(a)(3) as follows.
For part 91 operations, section 91.107(a)(3) requires that ``each
person on board a U.S. registered civil aircraft * * * must occupy an
approved seat or berth with a safety belt and, if installed, shoulder
harness, properly secured about him or her during movement on the
surface, takeoff, and landing.'' Children under the age of two may be
held by an adult who is occupying an approved seat or berth and no
restraining device for the child is used. In contrast, for commercial
operations under part 121, section 121.311 requires that each person
``occupy an approved seat or berth with a separate safety belt properly
secured about him.''
When Sec. 121.311 and Sec. 91.107 (previously Sec. 91.14) were
first promulgated in 1971, the FAA clarified that the separate use
provision for safety belts under part 121 was not intended to apply to
part 91 operations. Rather, part 91 ``requires only that each person on
board occupy a seat or berth with a safety belt properly secured about
him.'' 36 FR 12511 (July 1, 1971). The FAA has previously interpreted
this provision as not requiring separate use
[[Page 36891]]
of safety belts. See Legal Interpretation 1990-14. At the time, this
allowance was permissible because seat belts were generally rated in
terms of strength and some were rated for more than one occupant to
accommodate side-by-side seating arrangements (i.e., bench seats) in
certain aircraft that are commonly used in operations conducted under
part 91. Thus, use of a seat belt and seat by more than one occupant
may have been appropriate only if: (1) The belt was approved and rated
for such use; (2) the structural strength requirements for the seat
were not exceeded; and (3) the seat usage conformed with the
limitations contained in the approved portion of the Airplane Flight
Manual (14 CFR Sec. 23.1581(j)). See 36 FR 12511; see also 14 CFR
23.562, 23.785; Legal Interpretation 1990-14; Legal Interpretation to
Mr. C.J. Leonard from Hays Hettinger, Associate Counsel (July 26,
1966). Under the FAA's proposed clarification, seating arrangements
that do not comply with the above conditions would not be able to use
the FAA's prior interpretations of Sec. 91.107(a)(3) to justify the
shared use of a single restraint system.
The FAA also emphasizes that although Sec. 91.107(a)(3) and Sec.
91.205(b)(13), as previously interpreted by the agency, may allow for
shared use of a single restraint in certain situations, whether a child
should be held, or placed under a safety belt, or allowed to share a
single restraint or seat with another occupant during part 91
operations, is a matter of prudent operating practice. The FAA has
strongly advocated, and continues to advocate, the use of child
restraints such as child safety seats for children who are within the
weight restriction of the restraint. See 57 FR 42662, 42664 (Sept. 15,
1992) (allowing the use of child restraint systems in operations
conducted under parts 91, 121, 125, 135, and recognizing that the ``use
of child restraints in an aircraft will provide a level of safety
greater than that which would be provided if the young children were
held in the arms of adults or if safety belts alone were used''); 70 FR
50902, 50903 (Aug. 26, 2005) (allowing use of child restraint systems
that are approved by the FAA); 71 FR 40003, 40005 (July 14, 2006)
(allowing use of more types of child restraint systems). The FAA
recognizes that properly restraining children on aircraft is difficult
because there is a large variance in muscle development, height,
weight, and upper body strength. Thus, good judgment of the pilot, who
should be intimately aware of the capabilities and structural
requirements of the aircraft he or she is operating, is critical in
determining the proper method of restraint for children during
operations conducted under part 91.
Issued in Washington, DC, on June 17, 2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations, AGC-200.
[FR Doc. 2011-15709 Filed 6-22-11; 8:45 am]
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