Request to Use CARES for Larger/Older Persons

Frontier Airlines is writing to request an exemption from 14 CFR § 121.311(b) to the extent 

required for Frontier Airlines to be able to use an FAA Approved Child Restraint System even 

though the passenger with a disability exceeds the weight limits for the CRS. In addition, if our

petition is granted, we request that Frontier Airlines operating under part 121 while the passenger 

with a disability is aboard our aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow the passenger with a disability to exceed 

the specified weight limit for an FAA-approved child restraint system during use of that child 

restraint system aboard an aircraft.

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

121.311 Seats, safety belts, and shoulder harnesses.

Our passenger with a disability would be; 72 or less inches tall, secured by the internal strap (60” 

circumference) of the restraint system with the aircraft seatbelt the primary means of securing the 

passenger with a disability to the aircraft seat. Our passenger with a disability would provide a 

medical certificate stating the Special Needs CARE harness would provide him/her with 

adequate support in an upright position for airline travel. Our passenger with a disability

physical challenge would be that she/he is unable to sit upright during taxi, take-off and landing. 

As a result of her/his physical condition, she/he needs the support and security provided by an 

FAA Approved Child Restraint.

We 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.

We propose that Frontier Airlines be allowed to provide an FAA Approved Child Restraint 

(CARES, manufactured by AmSafe, Inc.), even though the passenger with a disability exceeds 

the manufacturer’s weight limits. This ensures a high level of safety for the passenger with a 

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

the passenger with a disability’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 the passenger with a disability 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 the passenger with a disability to use commercial air transportation. Without the 

support and security of the FAA Approved Child Restraint System, she/he would be unable to fly 

commercially.

We 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.
We propose that all operations under this exemption be conducted with a safety assistant 

traveling with the passenger with a disability seated in an adjacent seat. In addition, we propose 

that (Frontier Airlines) would maintain a copy of this exemption.

We propose this petition be initially approved for five years. We also request that the processing 

of this petition not be delayed for publication and comment in the Federal Register. We want to 

provide travel for passengers with a disability by April 15, 2013. If you take the time to put this 

in the Federal Register, it will delay the process and we wish to accommodate passengers with a 

disability as soon as possible. 

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

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

with a disability to use an FAA Approved Child Restraint System on an aircraft, even though the 

passenger with a disability exceeds the weight limits for the CRS. Due to physical challenges, 

without the support and security of this FAA Approved Child Restraint System, this passenger 

with a disability would be unable to fly. We request that this passenger with a disability be 

allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), 

even though she/he exceeds the manufacturer’s weight limits of 44 pounds. In this case, the 

safety of this passenger with a disability is greatly enhanced by the extra support and security

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