September 16, 2013

Federal Aviation Administration (FAA)

800 Independence Avenue, SW

Washington, DC 20591

Request to Use CARES Child Restraint System for Larger/Older Persons

To Whom it May Concern,

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Kiara 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 (name) is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow (name) to exceed the specified weight limit for an 

FAA-approved 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 is 10 year’s old, weighs 78 pounds, and is 54 inches tall. My daughter’s physical condition is 

as follows Spastic Quadriplegia as a subset of her 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 am also submitting the following contact 

information: Derek McGivern, 37 Walnut Drive, Wallaceburg, Ontario CANADA N8A 3L3 and 

mcgiverns@gmail.com.

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 Kiara 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 Kiara and a high level of safety for the other passengers and crew on the airplane. In fact, in 

Kiara’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 Kiara 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 (name) only sits in a passenger seat 

with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated 

behind (name) while (she/he) is using the CARES restraint. I also propose that all operations under this 

exemption be conducted with at least one of Kiara’s parents or a caregiver accompanying her. In 

addition, I propose that Kiara’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 November 1st-20th,2013. 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.

Thank you for your consideration of this request.

Sincerely,

Derek McGivern