[Federal Register: December 17, 2003 (Volume 68, Number 242)]
[Rules and Regulations]
[Page 70133-70135]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17de03-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. NM266; Special Conditions No. 25-255-SC]
Special Conditions: Airbus Model A320 Airplanes; Child Restraint
System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final special conditions.
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[[Page 70134]]
SUMMARY: These special conditions are for Airbus Model A320 airplanes.
These airplanes, as modified by AMSAFE Inc., will have novel and
unusual design features associated with a child restraint system that
attaches to the existing passenger lap belt. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for this design feature. These special conditions contain the
additional safety standards that the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.
EFFECTIVE DATE: January 16, 2004.
FOR FURTHER INFORMATION CONTACT: Alan Sinclair, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue, SW., Renton, Washington,
98055-4056; telephone (425) 227-2195; facsimile (425) 227-1149, e-mail
alan.sinclair@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 12, 2003, AMSAFE Inc., P.O. Box 1570, Higley, Arizona
85236, applied for a supplemental type certificate for the modification
of Airbus Model A320 airplanes. The modification includes a child
restraint system (identified by AMSAFE as a child safety system (CSS))
that attaches to the existing passenger lap belt and can be installed
on certain seats of Airbus Model A320 airplanes in order to reduce the
potential for injury in the event of an accident. The Model A320 is a
swept-wing, conventional tail, twin-engine, turbofan-powered transport
airplane.
Type Certification Basis
Under the provisions of Sec. 21.101, AMSAFE Inc. must show that
the Airbus Model A320 airplanes, as changed, continue to meet the
applicable provisions of the regulations incorporated by reference in
Type Certificate No. A28NM, or the applicable regulations in effect on
the date of application for the change. The regulations incorporated by
reference in the type certificate are commonly referred to as the
``original type certification basis.'' The regulations incorporated by
reference in Type Certificate No. A28NM are as follows: 14 CFR part 25,
effective February 1, 1965, including Amendments 25-1 through 25-56;
SFAR 27, effective February 1, 1974, including Amendments 27-1 through
27-5; and 14 CFR part 36 effective December 1, 1969, including
Amendments 36-1 through 36-12. In addition, the certification basis
includes other regulations and special conditions that are not
pertinent to these special conditions.
If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Airbus Model A320 airplanes
because of a novel or unusual design feature, special conditions are
prescribed under the provisions of Sec. 21.16.
In addition to the applicable airworthiness regulations and special
conditions, the Airbus Model A320 airplanes must comply with the fuel
vent and exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
Special conditions, as defined in Sec. 11.19, are issued in
accordance with Sec. 11.38 and become part of the type certification
basis in accordance with Sec. 21.101.
Special conditions are initially applicable to the model for which
they are issued. Should AMSAFE Inc. apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under the provisions of Sec. 21.101.
Novel or Unusual Design Features
The AMSAFE Inc., Child Safety System (CSS) is an improved harness
type child restraint system (CRS) that utilizes the seat back and the
lap belt on passenger seats to provide upper torso restraint and to
improve the restraint of small children. The physical characteristics
of small children will govern the use of the CSS and must be defined
according to accepted classification standards. The device is intended
for children in the 1 to 4-year age group who are prohibited from being
held in their parents' arms during taxi, take-off, and landing and must
occupy their own passenger seat, typically with no supplemental
restraint. The CSS is made with webbing and fastening hardware and
consists of an adjustable strap that wraps horizontally around the seat
back to secure the device to the passenger seat, and a double shoulder
harness that is fastened around the child's upper torso. The ends of
the device's shoulder harness are held in place using the existing
passenger lap belt that is passed through two open loops on the lower
ends of the device's shoulder straps. The current part 25 airworthiness
regulations are not adequate to define the necessary certification
criteria.
Discussion
The CSS is a non-conforming CRS, that is not approved for use on
aircraft per Federal Motor Vehicle Safety Standard (FMVSS) 213 and as
such the design requirements are established in these special
conditions. It is a safety restraint device specifically designed for
use by small children on JetBlue Airways Airbus A320 aircraft.
The applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this particular design feature.
Additional safety standards are therefore necessary to establish a
level of safety equivalent to that established by the existing
airworthiness standards for transport category airplanes.
Additionally, the operating regulations, 14 CFR 91.107 and 121.311,
prohibit the use of any ``vest-type child restraints, and harness-type
child restraints'' for commercial and private use operations. In order
for the CSS, which is a harness-type child restraint, to be useable in
the U.S., AMSAFE Inc., or their agent, must petition the FAA for an
exemption from the operating regulations. The petition must be granted
in order to allow use of the CSS.
The following special conditions can be characterized as addressing
the safety performance of the system and the capability of the system
to be installed and utilized without creating additional safety
concerns. Because of the nature of the system and the direct interface
with the crew and passengers, as well as the intended occupants, these
special conditions are more rigorous from a design standpoint than for
the standard lapbelt installation.
Discussion of Comments
Notice of proposed special conditions No. 25-03-07-SC for the
Airbus Model A320 airplanes was published in the Federal Register on
October 8, 2003 (68 FR 58042). One commenter responded.
The commenter, on behalf of its members, notes that the members
generally support the special conditions, but express some concerns
(some safety related, others not so) with the design and certification
of the CSS. The commenter's concerns and FAA responses are as follows:
Comment 1: The CSS could endanger the child if installed on a seat
with full breakover, and it would be difficult to control the seats
where the CSS could be installed.
FAA Response: The FAA does not agree. Special Condition 1 requires
that the CSS prevent serious head and other
[[Page 70135]]
injuries under dynamic landing conditions. If a seat with full
breakover would cause serious head or other injuries to a child in a
CSS, the CSS cannot be installed in such a seat. Special Condition 11
requires that seats, together with the child safety system, that can be
shown to achieve Special Condition 1 need to be identified to the
installer of the CSS. While this may incur some difficulty for an
operator wishing to use the CSS, this is part of the responsibility the
operator accepts for voluntarily using the CSS. Additionally, Special
Condition 9 requires that the CSS be shown to not cause the affected
seat back to fold over in a crash and cause injury to the occupant.
Comment 2: The CSS could potentially damage the tray table in the
seat back or interfere with its operation by the passenger seated
behind the CSS.
FAA Response: Interference with the use of a tray table is not a
safety concern. Each potential user must determine whether or not to
offer the CSS to airplane occupants. These special conditions do not
require any operator to provide the CSS. Special Condition 10, however,
is intended to ensure that items such as a tray table do not interfere
with the performance of the CSS.
Comment 3: The seat back is not designed to carry the load of the
CSS plus an occupant and may be damaged in an emergency.
FAA Response: Special Conditions 1 and 9 are intended to ensure
that the combination of CSS and passenger seat will provide protection
to the occupant during a dynamic event. Damage to the passenger seat is
not addressed by these special conditions. Again, it is up to the
potential installer/operator to determine if the CSS should be offered
as an option to the airplane occupants.
Comment 4: There may be delay in releasing the harness in an
emergency due to unfamiliarity by crewmembers, and additional training
may be necessary for flight attendants.
FAA Response: Special conditions 3, 4, 5, and 6 are intended to
fully address the issue of use of the CSS and the rapidity of egress of
the occupant from the device. Training, if deemed necessary or
appropriate, is one of the considerations for whether or not the CSS
should be offered by the installer/operator.
The FAA agrees with the intent of the safety concerns expressed by
the commenter, but, as noted above, considers that they are adequately
addressed by the special conditions and existing certification
requirements. The special conditions are therefore adopted as proposed.
Applicability
As discussed above, these special conditions are applicable to the
Airbus Model A320 airplanes modified by AMSAFE Inc. Should AMSAFE Inc.
apply at a later date for a supplemental type certificate to modify any
other model included on Type Certificate No. A28NM to incorporate the
same or similar novel or unusual design feature, these special
conditions would apply to that model as well under the provisions of
Sec. 21.101.
Conclusion
This action affects only certain novel or unusual design features
on Airbus Model A320 airplanes. It is not a rule of general
applicability, and it affects only the applicant who applied to the FAA
for approval of these features on the airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
Authority Citation
The authority citation for these special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Special Conditions
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Airbus Model A320 airplanes
modified by AMSAFE Inc.
1. The child safety system (CSS) must provide child restraint
protection under dynamic emergency landing conditions to prevent
serious head and other injuries. It must protect a range of occupant
statures for which the system is designed in accordance with Sections
2.3 and 2.4 of the Society of Automotive Engineers (SAE) document
AS5276/1. The CSS must provide a consistent approach to energy
absorption throughout that range.
2. Means must be provided to prevent the use of the CSS with
children who are outside the range of statures for which the system was
designed and tested. The range of statures for which the CSS is
approved must be clearly labeled on the device.
3. There must be obvious, clear, and concise instructions readily
available to the flight and cabin crew as to the proper installation
and use of the CSS system for children.
4. The design of the CSS must prevent it from being incorrectly
buckled and/or incorrectly installed such that the CSS would not
properly perform its intended function.
5. The CSS must meet the minimum performance standards of Appendix
1 and the test conditions of Appendix 2 of Technical Standard Order
C100b.
6. The CSS must not impede rapid egress of the occupant using the
CSS and the occupants seated in the same row.
7. Means must be provided to prohibit the installation and use of
the CSS in the emergency exit rows.
8. The CSS must be shown to operate safely in the following
locations, or means must be provided to prohibit the installation and
use of the CSS at these seat locations:
a. Behind any wall or seat back that has an inflatable airbag.
b. Any passenger seat that has an inflatable restraint system.
c. Side-facing seats.
9. It must be shown that the CSS will not cause the occupant's
passenger seat back to fold over during a crash situation and cause
injury to the occupant.
10. It must be shown that tray tables, phones or other devices
installed in the seat back will not degrade the performance of the CSS.
11. Passenger seats approved for installation of the CSS must be
clearly identified to the installer by location and part number.
12. The operating regulations, 14 CFR 91.107 and 14 CFR 121.311,
prohibit the use of any ``vest-type child restraints, and harness-type
child restraints'' in commercial and private use operations. It is
therefore incumbent upon AMSAFE Inc., or their agent, to petition the
FAA for exemption from these two regulations. The exemption must be
granted in order for the system to be used by a U.S. operator.
Issued in Renton, Washington, on December 8, 2003.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 03-31024 Filed 12-16-03; 8:45 am]
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