Perryn and Caroline Leech

3810 Bellefontaine Street

Houston

Texas 77025

713 669 1479

Perryn’s cellphone: 281 546 1953 Caroline’s cellphone: 281 546 6029

E-mail: perryn.leech@sbcglobal.net E-mail: caroline.leech@sbcglobal.net

Request to Use CARES for Larger/Older Persons:

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required 

for JEMMA LEECH to be able to use an FAA Approved Child Restraint System even 

though she exceeds the weight limits for the CRS. In addition, if my petition is granted, I 

request that any air carrier or commercial operator operating under part 121 while Jemma 

Leech is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to 

the extent necessary to allow Jemma Leech to exceed the specified weight limit for an FAAapproved child restraint system during use of that child restraint system aboard an aircraft.

I believe the pertinent section from 14 CFR part 121 from which we seek relief is Section 

121.311 Seats, safety belts, and shoulder harnesses.

My daughter's physical condition is Cerebral Palsy. As a result of her physical 

condition, she needs the support and security provided by an FAA Approved Child Restraint, 

but because of her weight is incapable of compliance with the regulation.

I understand that the regulation is written to create a high level of safety for each individual 

passenger by ensuring that they are securely restrained in their seats during all phases of 

flight. The regulation also ensures that an individual does not cause harm to other 

passengers on the airplane by being thrown into them during turbulent or emergency 

conditions.

I propose that Jemma Leech be allowed to occupy an FAA Approved Child Restraint 

(CARES, manufactured by AmSafe, Inc.), even though she exceeds the manufacturer’s 

weight limits. This ensures a high level of safety for Jemma Leech and a high level of safety 

for the other passengers and crew on the airplane. In fact, in Jemma Leech's case, safety is 

greatly enhanced by the extra support and security that the FAA Approved Restraint System 

will provide during the entire flight.

Enhancing safety for Jemma Leech is in the public interest. In addition, the public interest is 

also served by the fact that the use of this FAA Approved Child Restraint System allows her 

to use commercial air transportation. Without the support and security of the FAA Approved 

Child Restraint System, she would be unable to fly commercially.

I also believe that, with certain limitations established by the FAA in a grant to this petition, 

there can be an equivalent level of safety to that provided by the affected regulation. The 

CARES restraint has been certified by the manufacturer for use by children 22- 44 pounds. 

However, the components of the CARES restraint are the same as those used in restraints 
for adults on aircraft and would maintain their integrity if used by someone who weighed 

several hundred pounds.

I believe that the limit of 44 pounds was established because, with the additional weight of 

the child attached to the seatback, the seatback would move forward more quickly in an 

accident scenario and this might cause a higher HIC load for the person seated in the seat 

behind the passenger using the CARES restraint (because the seatback moving forward 

more quickly would mean that it would not be there to attenuate the energy from the impact 

of the person seated behind the person using the CARES restraint).

In order to achieve an equivalent level of safety as that provided by the affected regulation, I 

propose that the FAA establish a limitation in a grant to this petition that Jemma Leech only 

sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe 

condition would exist for a passenger seated behind Jemma Leech while she is using the 

CARES restraint. I also propose that all operations under this exemption be conducted with 

at least one of Jemma Leech’s parents or a caregiver accompanying him or her. In addition, 

I propose that Jemma Leech’s parent or caregiver must carry a copy of this exemption.

I also request that the processing of this petition not be delayed for publication and 

comment in the Federal Register. We want to travel in August 2012. If you take the time to 

put this in the Federal Register, it will delay the process and we may not be able to travel in 

this timeframe.

If it is necessary to put a summary in the Federal Register, I submit the following:

This is a request for an exemption from FAR 121.311 (b) to the extent required for a child to 

use an FAA Approved Child Restraint System on an aircraft, even though the child exceeds 

the weight limits for the CRS. Due to physical challenges, without the support and security of 

this FAA Approved Child Restraint System, this child would be unable to fly. We request that 

this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by 

AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits of 44 pounds. In 

this case, the safety of this child is greatly enhanced by the extra support and security that 

the FAA Approved Restraint System will provide for her during the flight.

Yours faithfully

Caroline Leech