U.S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: Use of Child Restraint Systems on Aircraft Date: 9/24/15 AC No: 120-87C Initiated by: AFS-200 Change:
1. PURPOSE. This advisory circular (AC) provides information and practices regarding the use of child restraint systems (CRS) on aircraft. The Federal Aviation Administration (FAA) intends for operators to use this as a resource during the development, implementation, and revision of an air carrier’s standard operating procedures (SOP), Web sites and training programs regarding the use of CRSs.
a. FAA Initiatives. This AC is one of several FAA initiatives designed to address safety concerns of the National Transportation Safety Board (NTSB). It is a part of the FAA’s ongoing commitment to educate and inform aircraft operators, crewmembers, and airline passengers regarding the use of CRSs on aircraft in order to encourage and increase the use of approved CRSs. For more information, refer to the following FAA Web site:
http://www.faa.gov/passengers/fly_children/.
b. Regulatory Requirements. In addition, this AC provides information to air carriers conducting Title 14 of the Code of Federal Regulations (14 CFR) part 121 operations about the requirement to make available on their Web sites the width of the narrowest and widest passenger seats in each class of service for each make, model, and series (M/M/S) of airplane used in passenger-carrying operations. If an air carrier does not have a Web site, the air carrier is not required to establish a Web site in order to comply with this regulation.
2. CANCELLATION. AC 120-87B, Use of Child Restraint Systems on Aircraft, dated September 17, 2010, is cancelled.
3. RELATED REGULATIONS. Title 14 CFR part 21, § 21.8; part 91, §§ 91.107 and
91.1035; part 121, §§ 121.311 and 121.583; part 125, § 125.211; and part 135, § 135.128.
4. RELATED FAA GUIDANCE (CURRENT EDITIONS). This AC provides information and suggested practices regarding the use of CRSs on aircraft. This AC also supplements and contains information previously published in the documents listed below.
• AC 91-62A, Use of Child Seats in Aircraft;
• Information for Operators (InFO) 11007, Regulatory Requirements Regarding Accommodation of Child Restraint Systems – Update;
• FAA Office of Aerospace Medicine Technical Report FAA-AM-78-12, Children Restraint Systems for Civil Aircraft;
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• FAA Office of Aerospace Medicine Technical Report FAA-AM-94-19, The Performance of Child Restraint Devices in Transport Airplane Passenger Seats; and
• Order 8900.1 Volume 3, Chapter 33, Section 6, Operations—Cabin Safety.
5. AUDIENCE. Air carrier personnel involved in the development of aircraft SOP and training programs, as well as crewmembers, engineers, Web site designers, and others involved in flight operations under part 121, should be familiar with the contents of this AC. This AC may also be valuable to others associated with operations under parts 91, 125, and 135.
6. HISTORY OF CRS REQUIREMENTS AND APPROVAL STANDARDS.
a. Civil Air Regulation (CAR) Section 40.174. The permissive language that does not require children under the age of 2 to be restrained can be found in the 1964 CAR, § 40.174, which stated in part that “A seat and an individual safety belt are required for each passenger and crew member excluding infants, who are in other than a recumbent position.”
b. Federal Motor Vehicle Safety Standard (FMVSS) No. 213. In 1982, the Department of Transportation (DOT) had two standards for CRSs. CRSs for use in motor vehicles were required to be certified as complying with the requirements of FMVSS No. 213. CRS for use in aircraft were required to be certified as complying with the requirements of FAA’s Technical Standard Order (TSO)-C100c, Aviation Child Safety Device (ACSD). In early 1983, the NTSB considered the safety problems posed for young children traveling in motor vehicles and aircraft and urged that a variety of actions be taken to promote increased use of CRSs. One of those recommendations was that DOT simplify its two different standards and set forth requirements for CRSs by combining the standards. The FAA and the National Highway Traffic Safety Administration (NHTSA) agreed upon a single government performance standard that would satisfy both aviation and highway safety requirements for CRSs. The agencies proposed NHTSA as the sole agency responsible for administering the new FMVSS No. 213, which would be applicable to CRSs designed for use in motor vehicles and CRSs designed for use in aircraft (Title 49 of the Code of Federal Regulations (49 CFR) part 571, § 571.213).
c. United Nations (UN) Standards or Approval by a Foreign Government. On October 15, 1992, the FAA broadened the categories of CRSs allowed to be used on aircraft to include CRSs meeting the standards of the UN or approved by a foreign government (57 Federal Register (FR) 42662).
d. FAA Approval Through a Type Certificate (TC), Supplemental Type Certificate (STC) or TSO. On August 26, 2005, the FAA once again broadened the categories of CRSs that aircraft operators may furnish for use on aircraft to include CRSs approved by the FAA through TC, STC, or TSO (70 FR 50902).
e. FAA Approval Through § 21.305(d) (2010 ed.) (i.e., AmSafe Child Aviation Restraint System (CARES), Part No. 4082), 14 CFR § 21.8(d), or TSO-C100b, or a Later Version. On July 14, 2006, the FAA further broadened the categories of CRSs that both passengers and aircraft operators may furnish and use on aircraft to include CRSs approved under § 21.305(d) or TSO-C100b, Child Restraint System (CRS), or a later version (71 FR 40003). On October 16, 2009, the FAA published a final rule entitled, Production and
Par 6 Page 3 Airworthiness Approvals, Part Marking, and Miscellaneous Amendments (74 FR 53368). In this final rule, the FAA amended its certification procedures and identification requirements for aeronautical products and articles. As a result of this amendment, § 21.305 was redesignated as § 21.8, effective April 14, 2010. On May 20, 2014, the FAA amended the provision in § 121.311 relating to the label required for FAA-approved CRSs onboard aircraft to reflect this redesignation of § 21.305 to § 21.8 (refer to 79 FR 28811). The May 20, 2014 amendment also corrected minor technical errors in the codified regulations. The technical amendment ensures that CRSs previously approved under § 21.305(d) (2010 ed.) (i.e., CARES, Part No. 4082) can continue to be used and CRSs approved under § 21.8(d) may also be used.
f. TSO-C100c. Additionally, the FAA published TSO-C100c, effective April 6, 2012.
Therefore, approvals under § 21.8(d) would use TSO-C100c as the basis for approval.
7. FAA APPROVAL PROCESSES USED FOR APPROVED CRSs ON AIRCRAFT. The TC, STC, TSO, § 21.305(d) (2010 ed.), and § 21.8(d) approval processes address differences in CRS design and performance as follows:
a. TC Process. A TC is an FAA design approval in which an applicant applies for, and if approved, receives a TC for a product or a major design change to a product. A product is defined as an aircraft, an aircraft engine, or an aircraft propeller. The TC process is appropriate if a CRS is incorporated into the original design of the aircraft.
b. STC Process. The STC process allows a specific CRS meeting FAA-established testing and evaluation criteria to be used on a specific type of aircraft.
(1) Under the STC process, a CRS manufacturer would submit an application for his or her product to be used on specific type of aircraft. This allows the FAA to deal with novel and unusual design features associated with any new type of CRS not addressed by current regulations and safety standards. The STC process is appropriate for a CRS not meeting FMVSS No. 213.
(2) When the FAA considers granting an STC for a CRS, it may publish proposed special conditions in the FR for notice and comment. These proposed special conditions discuss the additional safety standards the FAA deems necessary for the CRS to comply with existing regulations. It also discusses the required performance of the CRS and the capability of the CRS to be installed and used without creating safety concerns. Refer to 70 FR 18271, for an example of special conditions that were part of an STC which the FAA granted to a manufacturer for a CRS.
c. TSO Process.
(1) A TSO is a minimum performance standard issued by the FAA for specified materials, parts, processes, and appliances used on aircraft. These minimum performance standards must be used for an applicant to receive TSO authorization or a letter of design approval (LODA) in the case of manufacturers located outside the United States. TSO-C100c contains minimum performance standards for the testing and evaluation of CRS. The minimum performance standard references Society of Automotive Engineers (SAE) Aerospace Standard (AS) 5276/1. It also requires the manufacturer to provide operating instructions, equipment
Par 7 Page 4 limitations, installation procedures and limitations, as well as instructions for continued airworthiness (ICA) and maintenance of the CRS.
(2) A TSO is a minimum performance standard similar to FMVSS No. 213. However, TSO-C100c provides more realistic CRS testing regarding performance in an aviation environment. The TSO process is appropriate if a CRS is similar in design to a CRS meeting FMVSS No. 213 requirements, as well as designed to meet the specific aviation performance standards contained in TSO-C100c.
d. Section 21.8(d) Process.
(1) Under the FAA’s certification rules, § 21.8(d) allows a material, part, process, or appliance to be approved in any manner approved by the Administrator. One of the reasons that the FAA included this provision in § 21.8 was to address the unique challenges presented by certain types of equipment for use on aircraft.
(2) When approving a CRS under the provisions of § 21.8(d), the FAA must ensure the CRS meets an equivalent level of safety (ELOS) to other approval processes. For a CRS, the FAA’s technical experts look at the benchmark (current edition of TSO-C100, Child Restraint Systems) and identify safety-critical features. The technical experts ensure that each of these features meets an ELOS adequately. This ensures a CRS approved by the FAA under § 21.8(d) will meet a high level of safety regarding testing, quality, and performance standards.
8. AVIATION CHILD SAFETY DEVICE (ACSD).
a. Avoiding Consumer Confusion. The FAA recognizes that the term “child restraint system” was originally used to refer to child restraints meeting the requirements of FMVSS No.
213 and designed to perform effectively in motor vehicles. However, in recent rulemakings, the FAA uses the term “child restraint system” to describe any approved seat or device used to restrain children on aircraft regardless of whether or not it complies with the requirements of FMVSS No. 213. To reduce consumer confusion between a CRS meeting the requirements of FMVSS No. 213 (safe for use in motor vehicles) and a CRS designed only for use in aircraft (not safe for use in motor vehicles), the FAA has introduced a new term referring to a CRS only approved for aviation use. The FAA will call these aviation-only restraints an ACSD.
Regulations regarding the use of a CRS in aircraft also apply to an ACSD. Figure 1 is an example of an ACSD (also shown in paragraph 13).
Par 8 Page 5 FIGURE 1. EXAMPLE OF A CRS (ACSD)
b. Warning Label. An ACSD only meeting the aviation performance standards contained in TSO-C100c previously approved under § 21.305(d) (2010 ed.), or meeting the aviation performance standards contained in TSO-C100c and approved under § 21.8(d) is not safe for use in a motor vehicle. The FAA worked closely with NHTSA to ensure that labeling on an ACSD clearly illustrates that an ACSD is not safe for use in motor vehicles. The FAA also plans to require a similar warning label on ACSDs approved by the FAA through the STC process.
FIGURE 2. REQUIRED WARNING LABEL FOR AVIATION CHILD SAFETY DEVICES WITHOUT FMVSS NO. 213 APPROVAL
c. Consumer Education. The FAA is taking steps to educate consumers regarding the difference between devices safe for use in both motor vehicles and aircraft versus those safe only for use in aircraft. The FAA revised the information on its Web site for passengers traveling with children (http://www.faa.gov/passengers/fly_children/), and put additional educational material on the site to remind people that ACSDs are not safe for use in motor vehicles. The FAA also encourages airline personnel, especially flight attendants (F/A), to take advantage of opportunities to educate parents and guardians who use ACSDs on aircraft regarding the differences between those “aviation only” ACSDs and devices that can be used safely in both aircraft and motor vehicles.
NOTE: Unless indicated otherwise, any information regarding CRSs and pertinent regulations also apply to ACSDs.
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9. LABELING ON A CRS APPROVED FOR USE DURING GROUND MOVEMENT, TAKEOFF, AND LANDING. Current operating rules in parts 91, 121, 125, and 135 require that a CRS used on aircraft during ground movement, takeoff, and landing meet one of the following labeling or marking requirements:
a. Required Labels. The CRS must bear two labels. However, typically the text for these two required labels is merged onto one label. The labeling must include the text “This child restraint system conforms to all applicable Federal Motor Vehicle Safety Standards” and “This Restraint is Certified for Use in Motor Vehicles and Aircraft,” in red lettering. Figure 3 is an example of this required labeling.
FIGURE 3. EXAMPLE OF REQUIRED LABELING
b. Approval Labels. The CRS must bear either a label showing approval of a foreign government or a label showing that the CRS was manufactured under the standards of the UN.
Figure 4 is an example of the required labeling for a CRS manufactured under the standards of the UN (the “E” is consistently used in the label, but the number to the right of the “E” can change because it is the distinguishing number of the country that has granted approval).
FIGURE 4. EXAMPLE OF THE REQUIRED LABELING FOR A CRS
MANUFACTURED UNDER UNITED NATIONS (UN) STANDARDS
c. FAA Approval Label. The CRS must bear a label or markings showing FAA approval through an STC. Figure 5 is an example of this required labeling.
Par 9 Page 7 FIGURE 5. EXAMPLE OF REQUIRED LABELING FOR
CRS APPROVED UNDER AN STC
d. TSO Label. A CRS approved under the current version of TSO-C100 must be permanently and legibly marked “TSO-C100” and must include the TSO version under which it was approved. For instance, a CRS approved under TSO-C100c must be permanently and legibly marked “TSO-C100c.”
e. Label Indicating Approval Under § 21.305(d) (2010 ed.). The CRS must be clearly marked showing FAA approval under § 21.305(d) and bear the label “FAA Approved in Accordance with 14 CFR § 21.305(d).”
FIGURE 6. EXAMPLE OF REQUIRED LABELING FOR CRS APPROVED UNDER 14 CFR PART 21, § 21.305(d)
f. Label Indicating Approval Under § 21.8(d). The child restraint device manufactured by AmSafe, Inc. (CARES, Part No. 4082) and approved by the FAA in accordance with § 21.8 is the only device that may bear a label or markings showing FAA approval in accordance with § 21.8. Figure 7 is an example of an appropriate label for this device.
FIGURE 7. EXAMPLE OF REQUIRED LABELING FOR CRS APPROVED UNDER 14 CFR PART 21, § 21.8(d)
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10. REGULATORY REQUIREMENTS REGARDING THE USE OF CRSs ON AIRCRAFT.
a. Children Under the Age of Two. Under the provisions in parts 121, 125, and 135, during takeoff, landing, and movement on the surface, each person on board shall occupy an approved seat or berth with a separate seatbelt properly secured about him/her. However, a person who has not reached his/her second birthday may be held by an adult occupying a seat or berth. During takeoff, landing, and movement on the surface, a child under the age of two may be held in an adult’s lap or be placed in a regular passenger seat and use a standard seatbelt.
b. Proper Use of CRS. If a child occupies a CRS, a parent/guardian must accompany the child, and the aircraft operator must comply with the requirements that the child is properly secured in the CRS, the CRS is properly secured in a forward-facing seat, the child does not exceed the weight limits of the CRS, and the CRS is approved and has the proper labels or markings.
c. CRS Restrictions. No aircraft operator may permit a child to occupy a booster-type, vest-type, harness-type, or lap-held CRS during takeoff, landing, and movement on the surface, except when the CRS has been approved by the FAA through a TC, STC, TSO, under § 21.305(d) (2010 ed.), or under § 21.8(d). Booster-type, vest-type, and harness-type CRSs approved by the FAA through a TC, STC, TSO, under § 21.305(d) (2010 ed.), or under § 21.8(d), may be used during all phases of flight.
d. Regulations. Under the provisions in parts 121, 125, and 135, no certificate holder may prohibit a child from using an approved CRS when the parent/guardian purchases a ticket for the child. Certificate holders are encouraged to allow the use of empty seats to accommodate CRS;
however, they are not required to allow non-ticketed children to occupy empty passenger seats, even if the child uses a CRS.
e. Approved CRSs. The regulations allow aircraft operators to provide approved CRSs for use.
f. Operators Prohibiting CRS Use. No aircraft operator may prohibit a child from using an approved CRS when the parent/guardian purchases a seat for the child. If an approved CRS, for which a ticket has been purchased, does not fit in a particular seat on the aircraft, the aircraft operator has the responsibility to accommodate the CRS in another seat in the same class of service. The regulations also permit an aircraft operator to use its discretion in identifying the most appropriate forward-facing passenger seat location, considering safe operating practices.
For example:
(1) A CRS with a base that is too wide to fit properly in a seat with rigid armrests can be moved to a seat with moveable armrests that can be raised to accommodate the CRS in the same class of service.
(2) An aft-facing CRS that cannot be installed properly, because of minimal pitch (distance between seats) between rows, can be moved to a bulkhead seat or a seat in a row with additional pitch in the same class of service.
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(3) A harness type CRS (approved under § 21.305(d) (2010 ed.) (i.e., CARES, Part No. 4082) or under § 21.8(d)) with an upper strap unable to encircle some sleeper seats or very large first-class seats, can be moved to another seat that can accommodate the strap in the same class of service.
NOTE: An aircraft operator may have policies, based on safe operating practices, that establish certain seat locations for passengers who use a CRS on a specific aircraft. However, prohibiting the use of a CRS (if a ticket has been purchased), when there are seats on the aircraft in the same class of service where the CRS could be used safely, is not consistent with the requirements in parts 121, 125, and 135.
11. SEAT DIMENSION DISCLOSURE. Consistent with the FAA Modernization and Reform Act of 2012, § 121.311(k) requires air carriers conducting part 121 operations to make available on their Web sites the width of the narrowest and the widest passenger seats in each class of service for each airplane used in passenger-carrying operations. This rule facilitates the use of a CRS onboard an airplane and provides greater information to assist a caregiver to determine whether a particular CRS will fit in an airplane seat.
a. Class of Service. “Class of service” is the most relevant break point for information disclosure as it remains the prevailing terminology used to distinguish seat products, including the seat size variations and amenities that are associated with those products. The DOT defines “class of service” to mean seating in the same cabin class such as First, Business, or Economy class, or in the same seating zone if the carrier has more than one seating product in the same cabin (e.g., Economy and Premium Economy class); or seats that are wider or have more legroom that are available at a higher cost to passengers. Because no certificate holder may prohibit a child from occupying a CRS if the child holds a ticket for an approved seat, the agency has stated that the aircraft operator need only accommodate the CRS in another seat in the same class of service.
b. Measurement of Seat Width. Section 121.311 includes a definition of seat width applicable to seat dimension disclosure requirements. The definition specifies that seat width is the distance between the inside of the seat armrests.
c. Accommodation of a CRS. An operator may have policies, based on safe operating practices that establish certain seat locations for a passenger who uses a CRS on a specific aircraft. Even if a certain seat can accommodate an approved CRS, an operator does not have to permit the CRS in that location if the operator’s policies disallow the CRS in that seat. However, prohibiting the use of a CRS (if a ticket has been purchased) when there are seats on the aircraft, in the same class of service, where the CRS could be used safely is not consistent with the requirements stated in part 121. As an operator determines how best to meet the requirement of § 121.311(k), it would be beneficial to the air carrier and would help facilitate the use of a CRS onboard an airplane, if the air carrier only provides seat widths for seats that an air carrier allows for CRS use.
d. Effective Practices Regarding Air Carrier Information. In addition to the seat width information required by § 121.311, the FAA encourages air carriers to include information on
Par 11 Page 10 their Web sites about their operational policies and limitations regarding the placement of CRS in specific seats or locations on their aircraft. For example, if an air carrier prohibits a CRS in aisle seats, it would be beneficial to list this on the air carrier’s Web site because it would provide greater information to a caretaker when choosing assigned seats and determining whether a particular CRS will fit in an airplane seat.
12. WORN OR UNREADABLE LABELS.
a. Regulatory Requirement. When an approved CRS is labeled or marked by the manufacturer, it certifies the CRS meets a set of safety standards (FMVSS No. 213, the standards of a foreign government, the standards of the UN, or approval by the FAA through a TC, STC, TSO, or under § 21.305(d) (2010 ed.) or § 21.8(d)). Current operating rules require the CRS used on an aircraft during ground movement, takeoff, and landing bear labels or markings to indicate to the aircraft operator that the CRS meets safety standards.
b. CRS with a Worn or Unreadable Labels. When a parent/guardian presents an approved CRS for use on aircraft with a worn off or unreadable label, the CRS must be furnished with a letter or document from the manufacturer that specifically ties the CRS (through a detailed description or specific make and model number) to approval for use on aircraft. An owner’s manual is also acceptable as proof of safety standards, as these booklets contain pictures or illustrations of the CRS and information that the CRS meets FMVSS No. 213.
13. TYPES OF CRSs MEETING THE CRITERIA OF FMVSS NO. 213, STANDARDS OF A FOREIGN GOVERNMENT, OR STANDARDS OF THE UN. Basic design features for the majority of approved CRSs for use on aircraft have remained fairly constant, although some changes and innovations in the design of CRSs have occurred as a result of FAA approval of CRSs through a TC, STC, TSO, or under § 21.305(d) (2010 ed.) or § 21.8(d). An aircraft operator’s personnel, specifically F/As, should be aware of the following items pertaining to a CRS meeting the criteria of FMVSS No. 213, the standards of a foreign government, or the UN.
The criteria include:
• The CRS should have a solid back and seat,
• The CRS should have internal restraint straps installed to securely hold the child in the CRS, and
• The CRS must have a label showing approval for aviation use.
Par 13 Page 11 FIGURE 8. EXAMPLE OF A FORWARD-FACING CRS WITH INTERNAL HARNESS
FIGURE 9. EXAMPLE OF AN AFT-FACING CRS WITH INTERNAL HARNESS
14. TYPES OF CRSs APPROVED BY A TC, STC, TSO, UNDER SECTION 21.305(d) (2010 ed.) OR § 21.8(d). Typically, a CRS approved by the FAA through the TSO process will be similar in design to a CRS meeting the requirements of FMVSS No. 213. However, a CRS approved by the FAA through a TC, STC, TSO, or under § 21.305(d) (2010 ed.) or § 21.8(d), may contain novel and unusual design features. In addition, the regulations allow the use of a booster-type or vest- and harness-type CRS, if the FAA has approved it through a TC, STC, TSO, under § 21.305(d) (2010 ed.) or § 21.8(d) (§§ 121.311(b)(2)(ii)(C)(3),
121.311(b)(2)(ii)(C)(4), and 121.311(c)(1)). The aircraft operator is responsible for ensuring that crewmembers have proper training and information regarding the use of a CRS approved for use on aircraft through a TC, STC, TSO, under § 21.305(d) (2010 ed.) or § 21.8(d). Figure 10 is an example of a CRS that has been approved by the FAA through an STC, as well as under § 21.305(d) (2010 ed.).
Par 14 Page 12 FIGURE 10. EXAMPLE OF A CRS (ACSD) APPROVED THROUGH STC AND UNDER § 21.305(d) (2010 ed.)
15. CRSs NOT APPROVED FOR USE DURING GROUND MOVEMENT, TAKEOFF, AND LANDING. In 1994, the FAA issued a study entitled, The Performance of Child Restraint Devices in Transport Airplane Passenger Seats. The research for the study conducted by the FAA Civil Aerospace Medical Institute (CAMI) involved dynamic impact tests with a variety of CRSs installed in transport category aircraft passenger seats. The results of this study were used as the basis for prohibiting the use of the following devices during ground movement, takeoff, and landing. The FAA Office of Aerospace Medicine (AAM) Technical Report, The Performance of Child Restraint Devices in Transport Airplane Passenger Seats (FAA-AM-94-19), may be found at:
http://www.faa.gov/data_research/research/med_humanfacs/oamtechreports/1990s/media/AM94 -19.pdf. The CAMI study revealed:
a. Belly Belts. These devices attach the child to the accompanying adult. The child is restrained by an abdominal belt attached to the adult’s seatbelt. During dynamic testing, the forward flailing of the adult and the child resulted in severe body impacts against the forward seat. The child Anthropomorphic Test Dummy (ATD) moved forward to impact the forward row seat back, followed by the adult ATD torso striking the child ATD. Then, the adult ATD torso continued to move forward after contact with the child ATD, crushing the child ATD against the seat back.
b. Harness Restraints. The devices tested consisted of a torso harness for the child ATD placed in its own seat with the airplane seatbelt routed through a loop of webbing attached to the back of the harness. During dynamic testing, the devices allowed excessive forward body excursion, resulting in the test dummy sliding off the front of the seat with a high likelihood of the child’s entire body impacting the seat back of the seat directly in front of it. Then, elasticity in the webbing of the harness and seatbelts pulled the ATD rearward and this rebound acceleration presented further risk of injury.
c. Booster Seats. A key concern for backless booster seats used in airplane seats is the combined effect of seat back breakover and impact of an adult seated behind the child. Booster