98-3954. Child Restraint Systems  

  • [Federal Register Volume 63, Number 32 (Wednesday, February 18, 1998)]
    [Proposed Rules]
    [Pages 8324-8328]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-3954]
    
    
    
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    Part V
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Parts 91 et al.
    
    
    
    Child Restraint Systems; Proposed Rule
    
    Federal Register / Vol. 63, No. 32 / Wednesday, February 18, 1998 / 
    Proposed Rules
    
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 91, 121, 125, and 135
    
    [Docket No. 29145; Notice No. 98-2]
    RIN 2120-AG43
    
    
    Child Restraint Systems
    
    AGENCY: Federal Aviation Administration (FAA), DOT.
    
    ACTION: Advance notice of proposed rulemaking (ANPRM).
    
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    SUMMARY: The FAA seeks public comment on issues relating to the use of 
    child restraint systems (CRS's) in aircraft during all phases of flight 
    (i.e., taxi, takeoff, landing, or any other time the seat belt sign is 
    illuminated). Specifically, the agency seeks crash performance and 
    ease-of-use information about existing and new automotive CRS's, when 
    used in aircraft, as well as the development of any other new or 
    improved CRS's designed exclusively for aircraft use.
        This advance notice of proposed rulemaking (ANPRM) responds to a 
    recommendation made by the White House Commission on Aviation Safety 
    and Security and is intended to gather information about the technical 
    practicality and cost feasibility of requiring small children and 
    infants to be restrained in CRS in aircraft. This information is needed 
    so that the FAA can determine the best way to address the safety of 
    children while on board aircraft. After reviewing the comments, the FAA 
    may issue a Notice of Proposed Rulemaking with specific regulatory 
    proposals that respond to the Commission's recommendations regarding 
    the use of CRS's.
    
    DATES: Comments must be received on or before June 18, 1998.
    
    ADDRESSES: Comments on this notice may be delivered or mailed, in 
    triplicate, to: Federal Aviation Administration, Office of the Chief 
    Counsel, Attn.: Rules Docket (AGC-200), Docket No. 29145, room 915G, 
    800 Independence Avenue, SW., Washington, DC 20591. Comments submitted 
    must be marked: ``Docket No. 29145.'' Comments may also be sent 
    electronically to the following Internet address: 9-NPRM-
    [email protected] Comments may be examined in Room 915G on weekdays, 
    except Federal holidays, between 8:30 a.m. and 5:00 p.m.
    
    FOR FURTHER INFORMATION CONTACT:
    Donell Pollard, Air Transportation Division, AFS-203, Flight Standards 
    Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
    Washington, DC 20591, telephone (202) 267-3735.
    
    SUPPLEMENTARY INFORMATION:
    
    Comments Invited
    
        Interested persons are invited to comment on the ANPRM by 
    submitting such written data, views, or arguments as they may desire. 
    Comments must identify the regulatory docket or notice number and be 
    submitted in triplicate to the Rules Docket address specified above.
        All comments received, as well as a report summarizing each 
    substantive public contact with FAA personnel on this rulemaking, will 
    be filed in the docket. The docket is available for public inspection 
    before and after the comment closing date.
        All comments received on or before the closing date will be 
    considered by the Administrator in determining whether to go forward 
    with a proposed rulemaking. Late-filed comments will be considered to 
    the extent practicable. Commenters wishing the FAA to acknowledge 
    receipt of the comments submitted in response to this ANPRM must 
    include a pre-addressed, stamped postcard with those comments on which 
    the following statement is made: ``Comments to Docket No. [29145].'' 
    The postcard will be date stamped and mailed to the commenter.
    
    Availability of ANPRM
    
        An electronic copy of this document may be downloaded using a modem 
    and suitable communications software from the FAA regulations section 
    of the Fedworld electronic bulletin board service (telephone: 703-321-
    3339), the Federal Register's electronic bulletin board service 
    (telephone: 202-512-1661), or the FAA Aviation Rulemaking Advisory 
    Committee bulletin board service (telephone: 800-FAA-ARAC).
        Internet users may reach the FAA's Web page at http://www.faa.gov 
    or the Federal Register's Web page at http://www.access.gpo.gov/
    su__docs for access to recently published rulemaking documents.
        Any person may obtain a copy of this ANPRM by submitting 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. Communications must identify the notice number or docket 
    number of this ANPRM.
        Persons interested in being placed on the mailing list for future 
    ANPRM's and Notices of Proposed Rulemaking (NPRM's) should request from 
    the above office a copy of Advisory Circular No. 11-2A, Notice of 
    Proposed Rulemaking Distribution System, that describes the application 
    procedure.
    
    Background
    
        On February 12, 1997, the White House Commission on Aviation Safety 
    and Security (the Commission) issued a final report to President 
    Clinton which included a recommendation on CRS use during flight. The 
    following is an excerpt from the final report as it relates to CRS's:
        ``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.''
        The Federal Aviation Administration (FAA) is issuing this ANPRM to 
    gather information to enable the agency to act upon the Commission's 
    recommendations. This ANPRM does not propose specific regulatory 
    changes. Rather, it requests comments, data and analyses to determine 
    the best approach to maintaining and enhancing safety of children who 
    are passengers in aircraft. After reviewing the comments received, the 
    FAA may issue an NPRM proposing specific regulations. Interested 
    persons will have the opportunity to comment on those proposed changes 
    before a final rule is adopted.
    
    Terminology
    
        For the purpose of this ANPRM, the various child restraint devices 
    are described as follows:
        Booster seats: Designed for children who weigh between 30 and 60 
    pounds. These seats have a raised platform base on which the child 
    sits. Some booster seats have a front shield, over which the lap belts 
    are routed, which covers the child's abdominal area. Shield-type 
    booster seats typically do not have a back or side shell. Depending on 
    the model, some booster seats can be used without the front shield if a 
    shoulder strap is available.
        Forward-facing child restraint devices: Designed for children who 
    weigh between 20 and 40 pounds. These seats have a side and back shell 
    and shoulder straps. The seats are installed by routing the vehicle lap 
    belt through a path provided in the back.
        Aft-facing child restraint devices: Designed for children who weigh 
    less than 20 pounds. These seats have adjustable shoulder straps but do 
    not have a shield over the chest or abdomen of the child. The seats 
    typically are
    
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    installed by tightening the vehicle lap belt through slots on the top 
    side.
        Vest- and harness-type child restraint devices: Designed for 
    children who weigh between 20 and 40 pounds. These seats consist of 
    forward-facing restraints fabricated with webbing. There is no rigid 
    shell or platform. This type of seat attaches to the vehicle's lap 
    belts by passing through a loop sewn on the back side of the harness.
        Lap-held child restraint devices: Designed to restrain children 
    less than two years old on the lap of an adult. These devices are 
    commonly referred to as belly belts.
        Child restraint system: The term ``child restraint system'' is used 
    when referring to the child restraint device as installed in a 
    passenger seat and secured with lap belts.
    
    Current Regulations for Child Restraint Systems on Board Aircraft
    
        Section 91.107 of the Code of Federal Regulations (14 CFR) 
    stipulates that CRS's must meet certain operational requirements, while 
    Sec. Sec. 121.311, 125.211, and 135.128 set forth how these systems may 
    be used on board aircraft. Under current regulations, children two 
    years old and under may be held in an adult's lap throughout the 
    flight. Alternately, parents may opt to use an approved CRS--
    specifically, one certified to meet the requirements of Federal Motor 
    Vehicle Safety Standards (FMVSS) 213, to restrain children of this age 
    group when they travel in commercial aircraft. If parents want to 
    ensure that their child has a seat in which to use a CRS, they 
    typically pay a separate fare for that child. Children who are lap held 
    are typically not charged fares by airlines.
        Whether or not an air carrier charges a fee for the small child, a 
    separate passenger seat is required for CRS use and installation. 
    Airlines are required to accommodate the use of approved CRS's by 
    ticket-holding small children.
        The provisions for the labeling and use of CRS's in aircraft were 
    set forth in the September 15, 1992, Miscellaneous Operations Final 
    Rule Amendments [57 FR 42662]. These amendments were based on years of 
    work by both the FAA and the National Highway Traffic Safety 
    Administration (NHTSA). NHTSA'S FMVSS 213, as revised under 49 CFR 
    571.213, contains the performance and labeling requirements for CRS's 
    sold for use in the United States for both aircraft and automotive 
    applications. Hundreds of models of CRS's have been manufactured and 
    certified to this standard. Certain CRS's that meet the performance and 
    labeling requirements of FMVSS 213 for automobile use, such as booster 
    seats, and vest- and harness-type child restraint devices, are 
    nonetheless prohibited for use in aircraft. Under current FAA 
    regulations, children two years old or older are required to have a 
    separate passenger seat on board aircraft.
    
    General Discussion of Issues Regarding Child Restraint Systems
    
    The 1994 ``CAMI'' Study
    
        In September 1994, the FAA issued a report entitled, ``The 
    Performance of Child Restraint Devices in Transport Airplane Passenger 
    Seats'' (commonly referred to as the CAMI study \1\). The research for 
    the CAMI study involved dynamic impact tests with a variety of CRS's 
    installed in transport airline passenger seats and subjected to the 
    force of 16g peak longitudinal declaration loads required under 14 CFR 
    25.562(b)(2).
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        \1\ CAMI is the FAA's Civil Aeromedical Institute. The CAMI 
    study is assigned report number DOT/FAA/AAM-94-19 and is available 
    through the National Technical Information Service, Springfield, VA 
    22161.
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        Some of the tests were configured to represent a typical multi-row 
    seat installation and included testing the effects of an adult occupant 
    impact against the back of a seat in which a CRS was installed. The 
    tests also investigated other aspects of child restraint device use in 
    aircraft, including dimensional compatibility of CRS's with transport 
    category aircraft passenger seats and ease of installation.
        Some findings of the CAMI study are as follows:
        1. As a class of child restraint devices, shield-type booster 
    seats, in combination with factors associated with airplane passenger 
    seats, contributed to an abdominal pressure measurement higher than in 
    other child restraint devices and did not prevent a head impact.
        2. Fundamental design characteristics of shield-type booster seats 
    made their belt paths incompatible with aircraft seat belts.
        3. Vest- and harness-type devices allowed excessive forward body 
    excursion, resulting in the test dummy sliding off the front of the 
    seat. Therefore, a high likelihood exists that a child's entire body 
    could impact a seat back directly in front of it.
        4. Lap-held child restraint devices (belly belts) allowed the test 
    dummy to make severe contact with the seat back directly in front of 
    it, resulting in a severe head impact. There were also high abdominal 
    loads from a combination of the forward bending motion of the adult 
    upper torso to whom the child is attached and the aft row occupant's 
    impact on the breakover seat back.
        Based on the results of the CAMI study, the FAA and NHTSA issued a 
    final rule on June 4, 1996, that withdrew approval for the use of 
    booster seats and vest- and harness-type child restraint devices in 
    aircraft during takeoff, landing, movement on the surface [61 FR 
    28416]. In addition, the rule emphasized the existing prohibition 
    against the use, in all aircraft, of lap-held child restraint devices 
    (including belly belts). The FAA supplemented this rule with a major 
    public education campaign that promotes the use of CRS's on board 
    aircraft at all times. The campaign also reinforces the FAA's 
    recommendation that small children weighing under 40 pounds are safest 
    when in an approved CRS. The campaign includes a series of video, 
    radio, and print public service announcements.
    
    The 1995 Report to Congress
    
        In addition to the CAMI study, in May 1995, the FAA submitted a 
    final Report to Congress on CRS performance and cost effectiveness. The 
    primary issues analyzed in this report included CRS crash performance 
    effectiveness in otherwise survivable air carrier crashes and the 
    possible economic impacts of requiring CRS use. As to the CRS crash 
    performance effectiveness, further findings from the CAMI study were 
    reported. These findings include the following:
        1. Aft-facing CRS's performed well, protected the child, and could 
    be adequately restrained with existing aircraft seat belts.
        2. Booster seats performed poorly, did not prevent head impact, and 
    could not be properly attached to the aircraft seat.
        3. Six of eight forward-facing CRS's tested, when restrained with 
    aircraft seat belts and subjected to the 16g longitudinal aircraft 
    deceleration, failed to prevent head impact criteria (HIC) values of 
    more than 1,000. (HIC of 1,000 is considered the threshold for serious 
    head impact injury in adults.) Routing the aircraft seat belt through a 
    forward-facing CRS and buckling and unbuckling it was difficult, 
    leading to the conclusion that some CRS's might not be easily and 
    adequately secured to aircraft seats.
        4. Changing the aircraft seat belt anchor points, i.e., moving them 
    rearward, resulted in satisfactory performance of many forward-facing 
    CRS's. However, changing the anchor points might be problematic with 
    some aircraft seating configurations.
    
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        When forward-facing CRS's are subjected to a longitudinal 
    deceleration, FAA tests have shown that they move forward before the 
    aircraft seat belt can properly react to restrain them. There are some 
    airplane passenger seat models that have lap-belt anchor locations that 
    satisfactorily inhibit the forward excursion of forward-facing CRS's. 
    However, a survey of major airlines, compiled by the FAA as part of a 
    cooperative project with the Society of Automotive Engineers, indicates 
    that fewer than 20 percent of passenger seats currently in service have 
    seat belt anchor geometry that would adequately restrain forward-facing 
    CRS's.
        Additionally, under 16g dynamic impact test conditions, the typical 
    economy airplane passenger seating configuration affords approximately 
    26 inches of free space forward of the seat back before head contact 
    will occur. This distance includes the forward elastic deflection of a 
    nonbreakover forward row seat back. If the longitudinal excursion of a 
    child seated in a forward-facing child restraint device exceeds this 
    distance, it is likely the child's head would strike the forward row 
    seat back. Comparable FMVSS 213 test requirements specify 32 inches of 
    free space ahead.
        Under FMVSS 213, the aircraft test is essentially an inversion 
    test. The performance requirement is that the child test dummy not slip 
    out of the restraining harness in the child seat when the seat is 
    inverted. This test is adequate for gauging automotive CRS performance 
    in air turbulence situations, but may not be adequate for gauging 
    whether the CRS will move relative to the aircraft seat in a forward 
    deceleration crash mode. This finding leads to the question of whether 
    further tests, similar to those FAA has performed, are necessary to 
    assess the longitudinal excursion of child test dummies on forward-
    facing CRS's.
        Although the 1995 Report contains an economic analysis, the focus 
    of this ANPRM is on the technical aspects of CRS design and usage.
    
    Federal Motor Vehicle Safety Standard No. 213
    
        Prior to 1984, when the FAA Technical Standard Order (TSO) C-100 
    requirements were combined into FMVSS 213, there was a disparity 
    between the number of child restraint models available for motor 
    vehicle use and the number available for aircraft use. The lack of 
    child restraints for aircraft use aroused several safety concerns. One 
    was that some families traveling by air were discouraged from taking 
    unapproved child restraints with them, and thus did not have them 
    available for use at their destination to protect their children while 
    the family was driving. The other concern was that those families who 
    nevertheless took their unapproved child restraint devices on trips had 
    to stow the restraints in the aircraft cargo compartment, and thus were 
    not able to use them to protect their children during the flight.
        In 1984, FAA and NHTSA amended the FMVSS and TSO requirements to 
    permit manufacturers to ``self-certify'' their restraints for aircraft 
    use, provided that they meet the FMVSS 213 requirements and an 
    additional requirement, an inversion test. (49 FR 34357; August 30, 
    1984). The effect of the 1984 rulemaking was to speed certification of 
    child restraints for aircraft use, and thereby increase the 
    availability of aircraft-certified child restraints.
        However, the CAMI test results indicate that it may be prudent to 
    assess whether the current FMVSS 213 test requirements adequately 
    address aircraft crash conditions. Under FMVSS 213, the aircraft test 
    is essentially an inversion test for turbulence. The performance 
    requirement is that the child test dummy not slip out of the 
    restraining harness in the child seat. This is not a test to ensure 
    that the child restraint system does not move relative to the aircraft 
    seat.
        In addition, the seat belt anchor locations and seat cushions 
    specified in the FMVSS 213 test fixture are not representative of 
    airplane seats. Tests of CRS's in airplane passenger seats conducted by 
    both the FAA and NHTSA have confirmed that the longitudinal excursion 
    of forward-facing CRS's is much greater in airplane passenger seats 
    than when tested in the FMVSS 213 fixture. Thus, an adequate assessment 
    of forward-facing CRS's may necessitate the use of aircraft-specific 
    tests in addition to those required by FMVSS 213.
    
    FAA Efforts To Develop Child Restraint Systems for Use On Board 
    Aircraft
    
        The FAA is investigating potential solutions to performance 
    problems with CRS's. First, CAMI has developed and fully tested a 
    prototype aircraft seat insert platform. The platform is inserted under 
    the child restraint device and secured to the aircraft seat using the 
    aircraft passenger seat belt. A different set of belts, which is part 
    of the platform, is used to secure the child restraint device to the 
    platform. The platform makes the child restraint device easier to 
    install in the airplane seat and reduces the likelihood of improper 
    installation. The platform's design goal is to provide a better 
    interface between a child restraint device and an aircraft passenger 
    seat.
        A second alternative is to develop an aircraft-only child restraint 
    device that could be used in either a forward- or aft-facing 
    configuration. Prototype models have been successfully designed, 
    developed, and tested independently in the United States and Canada as 
    part of a cooperative project with Transport Canada.
        A third alternative is to modify a certain number of passenger 
    seats on each airplane and install seat belts with relocated anchorage 
    points. This could serve to improve the performance of existing child 
    restraint devices. However, relocating anchorage points may prove 
    impractical because: (1) Structural locations at which to attach new 
    anchorage points may not exist; and (2) passenger seat recertification 
    may be necessary.
    
    NHTSA NPRM: ``Federal Motor Vehicle Safety Standards; Child Restraint 
    Systems; Tether Anchorages for Child Restraint Systems; Child Restraint 
    Anchorage System''
    
        NHTSA has proposed revisions to FMVSS 213 to upgrade CRS 
    performance in automotive applications (62 FR 7857; February 29, 1997). 
    The NHTSA proposal considered two new methods of securing child 
    restraints in vehicles, in addition to the current method of securing 
    the restraints by using seat belts. Both methods require the motor 
    vehicle to have a dedicated anchorage system for child restraints. The 
    first method consists of two latchplates positioned at the seat bight 
    (the intersection of the seat cushion and the seat back), which would 
    connect to two buckle mechanisms affixed to the child seat. The second 
    method consists of rigid or semi-rigid D-rings installed at the vehicle 
    seat bight, and matching hardware on the child seat to attach to those 
    D-rings. Such hardware could include latches similar to those used for 
    vehicle door and truck latches, which are attached to rigid prongs on 
    the child seat. The FAA has expressed a concern that the rigid prongs 
    on this type of child seat may not be compatible with aircraft seat 
    cushions or suited for narrow aircraft seat usage.
        Both methods under consideration by NHTSA would include a top 
    tether anchorage strap. The tether is designed to be attached to a ring 
    installed on either the car's backlight deck under the rear window or 
    on the rear-seat's underside to keep the back support of the child 
    restraint device from rotating forward on impact. The tether strap
    
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    installation is not currently compatible with aircraft passenger seats.
    
    Request for Information
    
        The FAA is issuing this ANPRM to gather operational and technical 
    data from air carriers, the public, manufacturers, and other interested 
    parties to determine the best way to ensure the safety of small 
    children in CRS's during takeoff, landing, and in turbulent conditions 
    while on board the aircraft. The FAA requests comments and suggestions 
    on all issues related to the use of CRS's. The FAA will consider all 
    comments and suggestions. The following are issues of particular 
    concern:
    
    (1) General
    
        The FAA requests comments regarding problems with fit, function, 
    and performance that have been encountered with existing child 
    restraint devices, especially installation problems in general aviation 
    and commuter aircraft. For example, some child restraint device designs 
    are simply too big to fit on some narrow aircraft seats, with or 
    without an interfacing platform. FAA's finding that these dimensional 
    mismatches can occur is based on a limited survey of larger commercial 
    aircraft seats. Smaller, commuter aircraft seats are not included in 
    this survey. Mismatches with the commuter and general aviation fleet of 
    aircraft could be more prevalent.
        Accordiingly, FAA seeks detailed information about the dimensions 
    of existing or possible future CRS designs regarding their ability to 
    fit into the range of airline passenger seat sizes that are installed 
    in commercial aircraft. The FAA also seeks information from airlines 
    about how frequently passengers attempt to use CRS's that are too large 
    for the aircraft seat. Airlines are asked to comment on how they handle 
    such situations now, and how they would envision addressing such 
    situations if CRS use was mandatory. Finally, the FAA queries whether 
    it would be appropriate or practical, under FMVSS 213, to establish 
    dimensional limits for CRS's that are dual-use certified for both 
    automotive and aircraft use.
    
    (2) Forward-Facing CRS's
    
        The FAA requests comments regarding the safety of forward-facing 
    CRS's especially in air carrier aircraft, including any current 
    research data regarding forward-facing child restraint devices.
        In particular, should airplane-specific tests be required, in 
    addition to those conducted under FMVSS 213, to adequately assess the 
    longitudinal excursion of child test dummies in forward-facing CRS's? 
    Should child seats certified for aircraft use undergo testing in 
    conditions representative of those found in a commercial transport 
    airplane accident? For example, should there be a requirement for 
    dynamic testing of a child restraint device to 16 g's when attached to 
    an airplane seat using lap- and seat-belt anchorages representative of 
    the belt assemblies and anchorages found in commercial transport 
    airplanes?
    
    (3) Aft-Facing CRS's
    
        The FAA request comments regarding problems that may be associated 
    with aft-facing child restraint devices, including any current research 
    data regarding aft-facing child restrain devices. Should the current 
    dual-use certification policy continue for both aft-facing and forward-
    facing CRS's, or should the policy be limited to only aft-facing seats?
    
    (4) Approval of CRS's
    
        The FAA requests comments about the advisability of having child 
    restraint devices certified under FMVSS 213 for aircraft use. Should a 
    separate aviation standard be developed for aircraft use ? In 
    particular, CRS manufacturers are invited to comment on whether, under 
    a mandatory CRS-use regulation, they would choose to dual-certify their 
    products, if (1) additional aircraft- specific tests were required, and 
    (2) it was optional for CRS manufacturers to dual-certify their 
    product.
    
    (5) Research on Child Restraint Systems
    
        The FAA requests comments about new CRS's that are being developed, 
    relative to their appropriateness for use in both automobiles and 
    aircraft. In addition, the FAA requests comments on devices that are 
    being developed or that are already available that are similar to the 
    prototype seat insert platform previously described in this notice. 
    Specifically, the FAA would like to know if there are any problems that 
    will preclude manufacturers from developing such devices.
        Similarly, comments are sought on the potential availability, 
    performance capabilities, and ease-of use of aircraft-only CRS designs. 
    Further, the FAA also queries whether any design limitations and/or 
    labeling requirements should be placed on aircraft-only CRS's
    
    (6) Changing Anchor Point Locations for Aircraft Passenger Seat Belts
    
        CAMI data indicate that changes to the location of the anchor 
    points for passenger seat belts would greatly enhance the performance 
    of existing child restraint devices. The FAA requests information on 
    the technical and operational feasibility of changing these anchor 
    points on a few passenger seats on existing aircraft as well as on 
    aircraft seats manufactured in the future. Information is also 
    requested on the feasibility of equipping some aircraft seats with a 
    top tether anchorage, such as on the underside of the seat.
    
    (7) Evacuation of Aircraft With Children in Child Restraint Systems
    
        The FAA requests data on the effect of child restraint systems on 
    passenger egress times.
    
    (8) Mandatory Use of Child Restraint Systems for Children Under 40 
    Inches and Under 40 Pounds
    
        The FAA requests comments regarding the safety consequences of 
    requiring all children under 40 inches and under 40 pounds to be in an 
    appropriate CRS. What effect would such a requirement likely have 
    relative to injuries sustained in both aircraft crashes and air 
    turbulence conditions? Also, the FAA requests data on the effect of 
    height and weight on the efficacy of both current and future automotive 
    CRS's, as well as aircraft-only CRS's. In particular, the FAA would 
    like to know whether CRS's should be mandatory where the passenger is: 
    (1) Both under 40 inches and under 40 pounds; or (2) either under 40 
    inches or under 40 pounds. Current FAA regulations do not require the 
    use of restraint systems designed specifically for children; for 
    example, a two-year-old, regardless of size and weight may be 
    restrained in either a CRS or a passenger seat belt, and a child under 
    two years of age may be lap held. In addition, the FAA is seeking data 
    regarding how many children travel by aircraft that are under: (1) Two 
    years of age; or (2) 40 inches and 40 pounds. The FAA is seeking 
    comment regarding an air carrier's ability to enforce the weight and 
    height requirements for CRS usage.
    
    (9) Providing Child Restraint Systems on Aircraft
    
        The FAA requests comments regarding the effects of requiring air 
    carriers to supply appropriate CRS's. For example, how would air 
    carriers ensure that appropriate CRS's were available for flights?
    
    (10) Impacts on Small Businesses
    
        The FAA requests comments regarding the effects of mandatory CRS 
    use, including supplying CRS's, on small air carriers.
    
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    (11) Using a Dedicated Method for Aircraft Applications
    
        The FAA requests comments about the appropriateness of 
    incorporating a dedicated child restraint anchorage system, such as 
    those being considered by NHTSA (62 FR 7857), into current aircraft 
    fleets.
    
    (12) Current Practices
    
        The FAA requests data and comments on the current practice of 
    allowing an adult to hold a child two years of age or younger on his or 
    her lap while seated in a forward or rear-facing seat. Estimates of the 
    number of small children and infants that travel in this manner are 
    especially sought.
    
    (13) Additional Rear Facing Seats
    
        The FAA is requesting data and comments regarding the impact of 
    requiring air carriers to supply rear-facing seats on aircraft. Some 
    have suggested that requiring a limited number of rear-facing seats 
    would enhance the safety of child passengers.
    
    (14) Children Per Flight Requiring Child Restraint Seats
    
        The FAA requests comment on the number of children that require 
    CRS's, both on an average and on a peak basis.
    
    (15) Other Solutions
    
        The FAA requests comments about other possible solutions to ensure 
    that small children are properly restrained while on board aircraft.
    
    Regulatory Process Matters
    
    Economic Impact
    
        The Regulatory Flexibility Act of 1980 requires Federal agencies to 
    consider the extent that proposed rules may have ``a significant 
    economic impact on a substantial number of small entities.'' Although 
    the FAA is unable, at this time, to determine the likely costs of 
    imposing regulations requiring small children to be restrained in CRS's 
    in aircraft, following a review of the comments submitted to this 
    ANPRM, the FAA will determine what the potential costs and benefits of 
    the various rulemaking options are.
        Likewise, at this preliminary stage, it is not yet possible to 
    determine whether there will be a significant economic impact to a 
    substantial number of small entities or what the paperwork burden, if 
    any, might be. These regulatory matters will be addressed at the time 
    of publication of any NPRM on the subject.
    
    Significance
    
        This preliminary rulemaking is considered a ``significant 
    regulatory action'' under Executive Order 12866 and, therefore, has 
    been reviewed by the Office of Management and Budget. This preliminary 
    rulemaking is also considered significant under the regulatory policies 
    and procedures of the Department of Transportation (44 FR 11034; 
    February 2, 1979) because of considerable public interest. In addition, 
    any NPRM subsequently developed based on comments to this ANPRM may be 
    considered significant.
    
        Issued in Washington, DC, on February 11, 1998.
    Ava L. Mims,
    Acting Deputy Director, Flight Standards Service.
    [FR Doc. 98-3954 Filed 2-17-98; 8:45 am]
    BILLING CODE 4910-13-M
    
    
    

Document Information

Published:
02/18/1998
Department:
Federal Aviation Administration
Entry Type:
Proposed Rule
Action:
Advance notice of proposed rulemaking (ANPRM).
Document Number:
98-3954
Dates:
Comments must be received on or before June 18, 1998.
Pages:
8324-8328 (5 pages)
Docket Numbers:
Docket No. 29145, Notice No. 98-2
RINs:
2120-AG43: Child Restraint Systems
RIN Links:
https://www.federalregister.gov/regulations/2120-AG43/child-restraint-systems
PDF File:
98-3954.pdf
CFR: (1)
14 CFR Sec