[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Rules and Regulations]
[Pages 28811-28812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11554]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125, and 135
[Docket No. FAA-2006-25334; Amdt Nos. 91-332, 121-370, 125-64, and 135-
130]
RIN 2120-AI76
Additional Types of Child Restraint That May Be Furnished and
Used on Aircraft; Technical Amendment
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; technical amendment.
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SUMMARY: The FAA is amending regulations relating to the label required
for FAA approved child restraint systems onboard aircraft. This final
rule corrects minor technical errors in the codified regulations and
updates a cross-reference.
DATES: Effective May 20, 2014.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Nancy Lauck Claussen, Air Transportation Division,
AFS-200, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone: 202-267-8166; email:
[email protected].
Background
On July 14, 2006, the FAA published a final rule entitled,
``Additional Types of Child Restraint Systems That May Be Furnished and
Used on Aircraft'' (July 2006 CRS final rule). See 71 FR 40003. In that
final rule, the FAA amended certain operating regulations to allow
passengers and aircraft operators to furnish and use more types of
child restraint systems (CRS) on aircraft. The final rule allowed the
use of CRS that the FAA approves under the aviation standards in
Technical Standard Order C-100b, Child Restraint Systems. In addition,
the rule allowed the use of CRS approved by the FAA under its
certification regulations regarding the approval of materials, parts,
processes, and appliances, including CRS approved for use by the FAA
under 14 CFR 21.305(d). The intended effect of the final rule was to
increase the number of CRS options that are available for children to
use on aircraft, while maintaining high standards for certification and
approval.
By letter dated August 30, 2006, the FAA approved a child restraint
device manufactured by AmSafe, Inc. (AmSafe) in accordance with the
amendments put in place by the July 2006 CRS final rule. Currently, the
AmSafe device (CARES, Part No. 4082) is the only CRS approved in
accordance with the amendments adopted in the July 2006 CRS final rule.
On October 16, 2009, the FAA published a final rule entitled
``Production and Airworthiness Approvals, Part Marking, and
Miscellaneous Amendments'' (74 FR 53368). In the ``Production and
Airworthiness Approvals, Part Marking, and Miscellaneous Amendments''
final rule, the FAA amended its certification procedures and
identification requirements for aeronautical products and articles. As
a result of this amendment, 14 CFR 21.305 was redesignated as 14 CFR
21.8, effective April 14, 2010.
Technical Amendment
This technical amendment makes revisions that affect four parts of
14 CFR--parts 91, 121, 125 and 135. The revisions are in the sections
of these four parts that address labeling for CRS approved for use on
aircraft. In each part a technical revision is made to add the
necessary language to the CRS labeling requirements to address both CRS
previously approved under Sec. 21.305(d) and future CRS approved under
Sec. 21.8(d).
On August 12, 2010, the FAA amended Sec.
91.107(a)(3)(iii)(B)(3)(iv) to address the redesignation of Sec.
21.305 as Sec. 21.8. See 75 FR 48857. Although the technical amendment
did address future CRS approved under new Sec. 21.8(d), it did not
address the CRS previously approved under Sec. 21.305(d). With this
technical amendment, the FAA further amends Sec.
91.107(a)(3)(iii)(B)(3)(iv) to resolve the discrepancy created by the
August 12, 2010 amendment.
In addition, when the July 2006 CRS final rule was published,
adding more options regarding CRS approval for use on aircraft, the
punctuation for the preceding paragraphs was not updated. This
technical amendment updates the punctuation to reflect the CRS options
added by the July 2006 CRS final rule.
Accordingly, this technical amendment revises Sec. Sec.
121.311(b)(2)(ii)(C)(4), 125.211(b)(2)(ii)(C)(4), and
135.128(a)(2)(ii)(C)(4) by removing the reference to Sec. 21.305(d)
and replacing it with ``Sec. 21.8(d) of this chapter''. This technical
amendment also revises Sec. Sec. 91.107(a)(3)(iii)(B)(3)(iv),
121.311(b)(2)(ii)(C)(4), 125.211(b)(2)(ii)(C)(4) and
135.128(a)(2)(ii)(C)(4) to clarify that the label for the single CRS
approved under these paragraphs--the child restraint device
manufactured by AmSafe (CARES, Part No. 4082)--is not affected by this
technical amendment. Finally, this technical amendment amends the
punctuation at the end of each of the two paragraphs preceding
Sec. Sec. 91.107(a)(3)(iii)(B)(3)(iv), 121.311(b)(2)(ii)(C)(4),
125.211(b)(2)(ii)(C)(4) and in the one paragraph preceding Sec.
135.128(a)(2)(ii)(C)(4).
In addition, the agency restores a reference to the authority
citation for part 121 that was inadvertently deleted with the
publication of the Prohibition on Personal Use of Electronic Devices on
the Flight Deck final rule (79 FR 8263, February 12, 2014).
Because the changes in this technical amendment result in no
substantive change, the FAA finds good cause exists under 5 U.S.C.
553(d)(3) to make the amendments effective in less than 30 days.
List of Subjects
14 CFR Part 91
Aircraft, Aviation safety.
14 CFR Part 121
Air carriers, Safety, Transportation.
[[Page 28812]]
14 CFR Part 125
Aircraft, Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Aviation safety.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends Chapter I of Title 14 Code of Federal Regulations
as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 1155, 40103, 40113, 40120,
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716,
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508,
47528-47531, 47534, articles 12 and 29 of the Convention on
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).
0
2. Amend Sec. 91.107 by revising paragraphs (a)(3)(iii)(B)(3)(ii),
(iii), and (iv) to read as follows:
Sec. 91.107 Use of safety belts, shoulder harnesses, and child
restraint systems.
(a) * * *
(3) * * *
(iii) * * *
(B) * * *
(3) * * *
(ii) That the seat was manufactured under the standards of the
United Nations;
(iii) That the seat or child restraint device furnished by the
operator was approved by the FAA through Type Certificate or
Supplemental Type Certificate; or
(iv) That the seat or child restraint device furnished by the
operator, or one of the persons described in paragraph (a)(3)(iii)(A)
of this section, was approved by the FAA in accordance with Sec.
21.8(d) of this chapter or Technical Standard Order C-100b or a later
version. The child restraint device manufactured by AmSafe, Inc.
(CARES, Part No. 4082) and approved by the FAA in accordance with Sec.
21.305(d) (2010 ed.) of this chapter may continue to bear a label or
markings showing FAA approval in accordance with Sec. 21.305(d) (2010
ed.) of this chapter.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
3. The authority citation for part 121 is amended to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 41706,
44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722,
44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701
note); Pub. L. 112-95, 126 Stat. 62 (49 U.S.C. 44732 note).
0
4. Amend Sec. 121.311 by revising paragraphs (b)(2)(ii)(C)(2), (3),
and (4) to read as follows:
Sec. 121.311 Seats, safety belts, and shoulder harnesses.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(C) * * *
(2) That the seat was manufactured under the standards of the
United Nations;
(3) That the seat or child restraint device furnished by the
certificate holder was approved by the FAA through Type Certificate or
Supplemental Type Certificate; or
(4) That the seat or child restraint device furnished by the
certificate holder, or one of the persons described in paragraph
(b)(2)(i) of this section, was approved by the FAA in accordance with
Sec. 21.8(d) of this chapter or Technical Standard Order C-100b, or a
later version. The child restraint device manufactured by AmSafe, Inc.
(CARES, Part No. 4082) and approved by the FAA in accordance with Sec.
21.305(d) (2010 ed.) of this chapter may continue to bear a label or
markings showing FAA approval in accordance with Sec. 21.305(d) (2010
ed.) of this chapter.
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
5. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-4717, 44722.
0
6. Amend Sec. 125.211 by revising paragraphs (b)(2)(ii)(C)(2), (3) and
(4) to read as follows:
Sec. 125.211 Seat and safety belts.
* * * * *
(b) * * *
(2) * * *
(ii) * * *
(C) * * *
(2) That the seat was manufactured under the standards of the
United Nations;
(3) That the seat or child restraint device furnished by the
certificate holder was approved by the FAA through Type Certificate or
Supplemental Type Certificate; or
(4) That the seat or child restraint device furnished by the
certificate holder, or one of the persons described in paragraph
(b)(2)(i) of this section, was approved by the FAA in accordance with
Sec. 21.8(d) of this chapter or Technical Standard Order C-100b, or a
later version. The child restraint device manufactured by AmSafe, Inc.
(CARES, Part No. 4082) and approved by the FAA in accordance with Sec.
21.305(d) (2010 ed.) of this chapter may continue to bear a label or
markings showing FAA approval in accordance with Sec. 21.305(d) (2010
ed.) of this chapter.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
0
7. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105;
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
8. Amend Sec. 135.128 by revising paragraphs (a)(2)(ii)(C)(3) and (4)
to read as follows:
Sec. 135.128 Use of safety belts and child restraint systems.
(a) * * *
(2) * * *
(ii) * * *
(C) * * *
(3) That the seat or child restraint device furnished by the
certificate holder was approved by the FAA through Type Certificate or
Supplemental Type Certificate; or
(4) That the seat or child restraint device furnished by the
certificate holder, or one of the persons described in paragraph
(a)(2)(i) of this section, was approved by the FAA in accordance with
Sec. 21.8(d) of this chapter or Technical Standard Order C-100b, or a
later version. The child restraint device manufactured by AmSafe, Inc.
(CARES, Part No. 4082) and approved by the FAA in accordance with Sec.
21.305(d) (2010 ed.) of this chapter may continue to bear a label or
markings showing FAA approval in accordance with Sec. 21.305(d) (2010
ed.) of this chapter.
* * * * *
Issued under the authority provided by 49 U.S.C. 106(f) and
44701(a) in Washington, DC, on May 14, 2014.
Brenda D. Courtney,
Acting Director, Office of Rulemaking.
[FR Doc. 2014-11554 Filed 5-19-14; 8:45 am]
BILLING CODE 4910-13-P