Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11111 

FAA Analysis 

The FAA has reviewed the PARC 

report and discussed the issue with 

various aviation organizations. Based on 

the data and recommendations received, 

the FAA concluded that a significant 

need for clarification and revision of 

current policy exits. The agency and the 

industry have made significant 

investment in data communications. 

These systems are expected to reduce 

communication errors and improve 

safety in the NAS as they enhance NAS 

efficiency and capacity. 

The FAA better understands the cost 

of installing DLR systems on aircraft 

that were designed and manufactured 

before the regulation was promulgated 

and no provisions for DLC recording 

were available. Most aircraft produced 

after the effective date of the rule have 

the base mechanisms for DLC already 

installed at manufacture, which 

significantly decreases the cost and 

impact of incorporating a recording 

component. Accordingly, the policy 

changes announced in this document 

are applicable to aircraft that were 

manufactured before December 6, 2010 

(or April 6, 2012, if complying with part 

91). 

The FAA agrees that the complexity 

of the current guidance has resulted in 

inconsistent application of the rule. The 

recording regulation was not intended 

to discourage the installation of datalink 

capability, and its applicability should 

not depend on the subjective 

interpretation of factors as minor as the 

day a previously installed system was 

turned on or the scope of changes to a 

previously approved DLC system. In 

order to maximize the safety and 

efficiency benefits of DLC use in the 

NAS, the FAA is simplifying its 

guidance regarding the applicability of 

the recording requirement for aircraft 

that were manufactured before the 

effective date of the rule. 

The target aircraft for this policy 

change represent approximately 30% of 

the current U.S. fleet operating under 

parts 121 and 135, as reported by the 

PARC. These 2,116 aircraft were 

manufactured prior to 2010 and had a 

certified DLC system that was available 

before the recordation rule became 

effective. This number will gradually 

decrease as these older aircraft are 

retired and replaced. Since DLC 

recordation was not required when 

these aircraft were manufactured, none 

of the messages associated with those 

certified systems were identified, 

making application of the regulation 

difficult and inconsistent. The FAA 

forecasts that by 2020, 34% of the U.S. 

fleet (approximately 2,200) will consist 

of aircraft manufactured after 2010 that 

have DLC recording capability. 

Comments Requested 

While this policy update is effective 

on publication, the FAA seeks comment 

from interested persons regarding the 

application of the policy to affected 

operators. We are particularly interested 

in comments identifying the make/

model/series of aircraft that had a 

certified DLC design approval prior to 

the effective date of the rule, and any 

information regarding the economic 

impacts of the prior and revised polices, 

and descriptions of circumstances for 

which application of the regulation 

remains unclear following this policy 

update. 

Updated Policy 

Datalink recording requirements are 

found in the operating regulations of 

Title 14 of the Code of Federal 

Regulations (14 CFR), specifically in 

§ 91.609, effective April 6, 2012; and in 

§§ 121.359, 125.227 and 135.151, 

effective December 6, 2010. These 

regulations each require that the subject 

airplanes or rotorcraft that install 

datalink communication equipment on 

or after [the effective date of the rule], 

must record all datalink messages as 

required by the certification rule 

applicable to the aircraft. 

This policy statement clarifies how 

the FAA defines the phrase ‘‘install 

datalink communication equipment’’ for 

purposes of the recordation 

requirement. Clarification of this policy 

and FAA guidance material is intended 

to assist FAA personnel and aircraft 

operators in determining when datalink 

recording is required. 

Definition of Datalink Communication 

Equipment 

The term ‘‘datalink communication 

equipment’’ as used in these 

regulations, means all of the 

components installed on the aircraft that 

are necessary to complete data 

communications. The equipment may 

vary for individual aircraft, but could 

include the Flight Management 

Computer; Communications 

Management Unit (CMU), or equipment 

with an equivalent function that hosts 

an approved message set (e.g., CPDLC 

application), the datalink router (e.g., 

hosted in the CMU) that routes the 

messages to the radios, any radios (e.g., 

VHF, HF Datalink, Satcom) that are used 

to transmit the messages using an 

approved message set, and any antennas 

associated with these radios. 

Applicability 

In applying this regulation, aircraft 

are divided into two groups: Those 

manufactured on or after the effective 

date of the rule, and those manufactured 

before that date. 

Those airplanes or rotorcraft 

manufactured on or after the effective 

date, must record all datalink 

communications when both of the 

following conditions are met: 

• The aircraft is required to have both 

a cockpit voice recorder and a flight 

data recorder; and 

• The aircraft has datalink equipment 

installed that uses an approved message 

set (see FAA Advisory Circular 20–160). 

Those airplanes or rotorcraft 

manufactured before the effective date 

of the rule must record all datalink 

communications when both of the 

following conditions are met: 

• The aircraft is required to have both 

a cockpit voice recorder and a flight 

data recorder; and 

• The MAKE/MODEL/SERIES of the 

aircraft did not have any certified DLC 

equipment installation design approval 

(providing one or more of the messages 

identified in AC 20–160) prior to the 

effective date of the rule. 

The FAA InFO 10016 dated August 

16, 2010 is cancelled. A revised InFO 

reflecting the policy changes noted here 

is under development and will be 

posted on the FAA Web site when 

completed. 

Issued in Washington, DC, on February 23, 

2015. 

John S. Duncan, 

Director, Flight Standards Service. 

[FR Doc. 2015–04158 Filed 2–25–15; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 140903747–4747–01] 

RIN 0648–BE48 

Olympic Coast National Marine 

Sanctuary Regulations; Correction 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Correcting amendment. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

reinstating missing paragraphs of the 


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11112 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 

Olympic Coast National Marine 

Sanctuary (OCNMS) regulations that 

pertain to the issuance of permits. 

NOAA inadvertently excluded the 

paragraphs in the publication of a 

November 2011 final rule revising 

OCNMS permitting regulations. The 

reinstatement of these paragraphs will 

ensure continued coordination with the 

treaty Indian tribes whose cultural and 

treaty resources may be affected by 

activities of regulated entities. In 

addition, these provisions provide 

notice to the regulated community of 

NOAA’s responsibilities to treaty Indian 

tribes whose cultural and treaty 

resources may be affected by a 

permittee’s proposed activities. 

DATES: Effective March 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Helene Scalliet at (301) 713–3125 x281 

or Helene.Scalliet@noaa.gov. 

SUPPLEMENTARY INFORMATION: On 

November 1, 2011, NOAA issued final 

regulations revising permit criteria for 

Olympic Coast National Marine 

Sanctuary (76 FR 67348). NOAA 

inadvertently excluded existing 

paragraphs (d) through (h) in section 

922.153 from the regulatory text as a 

result of mistaken directions given to 

the Government Publishing Office, 

which is responsible for publishing the 

Code of Federal Regulations (CFR). 

Instead of amending only paragraphs (a) 

through (c) of that section, per the 2011 

rulemaking, NOAA instructed GPO to 

revise section 922.153 in its entirety, 

thus replacing all existing regulatory 

text with sections (a) through (c). The 

missing paragraphs of regulatory text are 

essential to inform regulated entities of 

NOAA’s responsibilities toward treaty 

Indian tribes and their cultural and 

tribal resources. NOAA’s responsibility 

to federally recognized Indian tribes, 

their cultural and treaty resources may 

affect both the processing and 

determinations of applications to 

conduct activities in the Sanctuary. 

The missing paragraphs (d) through 

(h) can be found in a previous final rule 

in 60 FR 66875, published on December 

27, 1995 and at 15 CFR 922.153 (2011). 

Evidence that this deletion of 

paragraphs (d) through (h) was an 

inadvertent procedural error can be 

drawn from NOAA’s absence of 

discussion on these changes in the 

preambles of both the proposed and 

final rules, as well as the absence of 

analysis in the associated environmental 

assessment prepared according to the 

National Environmental Policy Act 

(NEPA). The plain language of the prior 

rule should have guided the public’s 

knowledge and expectations of 

regulated entities proposing activities in 

the Sanctuary. Without the missing 

paragraphs, those expectations would be 

conflicted. Accordingly, NOAA is 

publishing this technical correction as a 

correcting amendment without notice 

and comment. This rule reinstates 

paragraphs (d) through (h) of section 

922.153. 

Classification 

A. Executive Order 12866: Regulatory 

Impact 

This final rule has been determined to 

be not significant for purposes of the 

meaning of Executive Order 12866. 

B. Administrative Procedure Act/

Regulatory Flexibility Act 

The Assistant Administrator of the 

National Ocean Service (NOS) finds 

good cause pursuant to 5 U.S.C. 

553(b)(B) to waive the notice and 

comment requirements of the 

Administrative Procedure Act because 

this rule merely reinstates language 

from a rule previously submitted to 

notice and comment review and 

inadvertently deleted from the Code of 

Federal Regulations and as such is 

unnecessary. This rule corrects a 

procedural error and ensures required 

and expected implementation of 

NOAA’s statutory responsibilities 

toward treaty Indian tribes with cultural 

and treaty resources in or near the 

Sanctuary; improves communication 

and collaboration with federally 

recognized Indian tribes; and fulfills the 

intent of Executive Order 13175. NOAA 

has decided to make this document 

effective upon publication because 

public comment and delayed 

effectiveness are unnecessary. The 

language has already been subject to 

notice and comment from the public 

and is merely a restatement of preexisting regulatory language. For the 

reasons above, the Assistant 

Administrator finds good cause to waive 

the 30-day delay in effectiveness. 

C. Regulatory Flexibility Act 

Because notice and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553 or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

W. Russell Callender, 

Acting Assistant Administrator for Ocean 

Services and Coastal Zone Management. 

Accordingly, for the reasons 

discussed in the preamble, the National 

Oceanic and Atmospheric 

Administration amends 15 CFR part 922 

as follows: 

PART 922—NATIONAL MARINE 

SANCTUARY PROGRAM 

REGULATIONS 

■ 1. The authority citation for part 922 

continues to read as follows: 

Authority: 16 U.S.C. 1431 et seq. 

■ 2. Revise § 922.153 to read as follows: 

§ 922.153 Permit procedures and criteria 

(a) A person may conduct an activity 

prohibited by paragraphs (a)(2) through 

(8) of § 922.152 if conducted in 

accordance with the scope, purpose, 

terms and conditions of a permit issued 

under this section and § 922.48. 

(b) Applications for such permits 

should be addressed to the Director, 

Office of National Marine Sanctuaries; 

ATTN: Superintendent, Olympic Coast 

National Marine Sanctuary, 115 East 

Railroad Avenue, Suite 301, Port 

Angeles, WA 98362–2925. 

(c) The Director, at his or her 

discretion, may issue a permit, subject 

to such terms and conditions as he or 

she deems appropriate, to conduct an 

activity prohibited by paragraphs (a)(2) 

through (8) of § 922.152, if the Director 

finds that the activity will not 

substantially injure Sanctuary resources 

and qualities and will: Further research 

related to Sanctuary resources and 

qualities; further the educational, 

natural or historical resource value of 

the Sanctuary; further salvage or 

recovery operations in or near the 

Sanctuary in connection with a recent 

air or marine casualty; assist in 

managing the Sanctuary; further salvage 

or recovery operations in connections 

with an abandoned shipwreck in the 

Sanctuary title to which is held by the 

State of Washington; or be issued to an 

American Indian tribe adjacent to the 

Sanctuary, and/or its designee as 

certified by the governing body of the 

tribe, to promote or enhance tribal selfdetermination, tribal government 

functions, the exercise of treaty rights, 

the economic development of the tribe, 

subsistence, ceremonial and spiritual 

activities, or the education or training of 

tribal members. For the purpose of this 

part, American Indian tribes adjacent to 

the sanctuary mean the Hoh, Makah, 

and Quileute Indian Tribes and the 

Quinault Indian Nation. In deciding 

whether to issue a permit, the Director 

may consider such factors as: The 

professional qualifications and financial 

ability of the applicant as related to the 

proposed activity; the duration of the 

activity and the duration of its effects; 

the appropriateness of the methods and 

procedures proposed by the applicant 


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Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Rules and Regulations 11113 

for the conduct of the activity; the 

extent to which the conduct of the 

activity may diminish or enhance 

Sanctuary resources and qualities; the 

cumulative effects of the activity; the 

end value of the activity; and the 

impacts of the activity on adjacent 

American Indian tribes. Where the 

issuance or denial of a permit is 

requested by the governing body of an 

American Indian tribe, the Director shall 

consider and protect the interests of the 

tribe to the fullest extent practicable in 

keeping with the purposes of the 

Sanctuary and his or her fiduciary 

duties to the tribe. The Director may 

also deny a permit application pursuant 

to this section, in whole or in part, if it 

is determined that the permittee or 

applicant has acted in violation of the 

terms or conditions of a permit or of 

these regulations. In addition, the 

Director may consider such other factors 

as he or she deems appropriate. 

(d) It shall be a condition of any 

permit issued that the permit or a copy 

thereof be displayed on board all vessels 

or aircraft used in the conduct of the 

activity. 

(e) The Director may, inter alia, make 

it a condition of any permit issued that 

any data or information obtained under 

the permit be made available to the 

public. 

(f) The Director may, inter alia, make 

it a condition of any permit issued that 

a NOAA official be allowed to observe 

any activity conducted under the permit 

and/or that the permit holder submit 

one or more reports on the status, 

progress or results of any activity 

authorized by the permit. 

(g) The Director shall obtain the 

express written consent of the governing 

body of an Indian tribe prior to issuing 

a permit, if the proposed activity 

involves or affects resources of cultural 

or historical significance to the tribe. 

(h) Removal, or attempted removal of 

any Indian cultural resource or artifact 

may only occur with the express written 

consent of the governing body of the 

tribe or tribes to which such resource or 

artifact pertains, and certification by the 

Director that such activities occur in a 

manner that minimizes damage to the 

biological and archeological resources. 

Prior to permitting entry onto a 

significant cultural site designated by a 

tribal governing body, the Director shall 

require the express written consent of 

the governing body of the tribe or tribes 

to which such cultural site pertains. 

[FR Doc. 2015–04237 Filed 2–27–15; 8:45 am] 

BILLING CODE 3510–NK–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Parts 1112 and 1230 

[Docket No. CPSC–2014–0011] 

Safety Standard for Frame Child 

Carriers 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Danny Keysar Child 

Product Safety Notification Act, section 

104 of the Consumer Product Safety 

Improvement Act of 2008 (CPSIA), 

requires the United States Consumer 

Product Safety Commission 

(Commission or CPSC) to promulgate 

consumer product safety standards for 

durable infant or toddler products. 

These standards are to be ‘‘substantially 

the same as’’ applicable voluntary 

standards or more stringent than the 

voluntary standards if the Commission 

determines that more stringent 

requirements would further reduce the 

risk of injury associated with the 

products. The Commission is issuing a 

safety standard for frame child carriers 

in response to the direction under 

section 104(b) of the CPSIA. In addition, 

the Commission is amending its 

regulations regarding third party 

conformity assessment bodies to include 

the mandatory standard for frame child 

carriers in the list of Notices of 

Requirements (NOR) issued by the 

Commission. 

DATES: The rule will become effective 

on September 2, 2016. The 

incorporation by reference of the 

publication listed in this rule is 

approved by the Director of the Federal 

Register as of September 2, 2016. 

FOR FURTHER INFORMATION CONTACT: Julio 

Alvarado, Compliance Officer, 

Consumer Product Safety Commission, 

4330 East-West Highway, Bethesda, MD 

20814; telephone: 301–504–7418; email: 

jalvarado@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority 

The Consumer Product Safety 

Improvement Act of 2008 (CPSIA, 

Pub. L. 110–314) was enacted on August 

14, 2008. Section 104(b) of the CPSIA, 

part of the Danny Keysar Child Product 

Safety Notification Act, requires the 

Commission to: (1) Examine and assess 

the effectiveness of voluntary consumer 

product safety standards for durable 

infant or toddler products, in 

consultation with representatives of 

consumer groups, juvenile product 

manufacturers, and independent child 

product engineers and experts; and (2) 

promulgate consumer product safety 

standards for durable infant and toddler 

products. These standards are to be 

‘‘substantially the same as’’ applicable 

voluntary standards or more stringent 

than the voluntary standards if the 

Commission determines that more 

stringent requirements would further 

reduce the risk of injury associated with 

the product. The term ‘‘durable infant or 

toddler product’’ is defined in section 

104(f)(1) of the CPSIA as ‘‘a durable 

product intended for use, or that may be 

reasonably expected to be used, by 

children under the age of 5 years.’’ 

On May 16, 2014, the Commission 

issued a notice of proposed rulemaking 

(NPR) for frame child carriers. 79 FR 

28458. The NPR proposed to 

incorporate by reference the voluntary 

standard, ASTM F2549–14, Standard 

Consumer Safety Specification for 

Frame Child Carriers, with one 

proposed substitute provision that 

would provide clear pass/fail criteria for 

an existing test. 

In this document, the Commission is 

issuing a mandatory safety standard for 

frame child carriers. As required by 

section 104(b)(1)(A), the Commission 

consulted with manufacturers, retailers, 

trade organizations, laboratories, 

consumer advocacy groups, consultants, 

and the public to develop this proposed 

standard, largely through the ASTM 

process. The rule incorporates by 

reference the most recent voluntary 

standard developed by ASTM 

International (formerly the American 

Society for Testing and Materials), 

ASTM F2549–14a, Standard Consumer 

Safety Specification for Frame Child 

Carriers. This most recent version of the 

ASTM voluntary standard includes the 

clear pass/fail criteria for an existing test 

that were proposed in the NPR. 

In addition, the final rule amends the 

list of NORs issued by the Commission 

in 16 CFR part 1112 to include the 

standard for frame child carriers. Under 

section 14 of the Consumer Product 

Safety Act (CPSA), the Commission 

promulgated 16 CFR part 1112 to 

establish requirements for accreditation 

of third party conformity assessment 

bodies (or testing laboratories) to test for 

conformance with a children’s product 

safety rule. Amending part 1112 adds a 

NOR for the frame child carrier standard 

to the list of children’s product safety 

rules. 

II. Product Description 

The scope of ASTM F2549–14a 

defines a ‘‘frame child carrier’’ as ‘‘a 

product, normally of sewn fabric 

construction on a tubular metal or other 

frame, which is designed to carry a 


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