December 11, 2012

FAA Petition for Exemption

Request to Use CARES for Older Child

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

Thomas Bello Calderon (DOB 6/17/2006) to be able to use an FAA Approved Child Restraint 

System even though he 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 

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

extent necessary to allow Thomas 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 son is 6 years old, weighs 61 pounds, and is 3 feet 9 inches tall. My son’s physical condition 

is post bone marrow transplant (BMT) for cerebral Adrenoluekodystrophy, inability to ambulate 

and lack of trunk control to remain upright during a flight. Thomas is unable to speak, make his 

needs known or care for himself. As a result of his physical condition, he needs the support and 

security provided by an FAA Approved Child Restraint, but because of his weight is incapable of 

compliance with the regulation.

Thomas came to the United States for his bone marrow transplant. His medical treatment is 

finished and he is now ready to return home to South America. 

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 Thomas Bello Calderon be allowed to occupy an FAA Approved Child Restraint 

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

limits. This ensures a high level of safety for Thomas and a high level of safety for the other 

passengers and crew on the airplane. In fact, in Thomas’ case, safety is greatly enhanced by the 

extra support and security that the FAA Approved Restraint System will provide during the 

entire flight.

West Bank

2450 Riverside Avenue 

Minneapolis, MN 55454 

Tel 612-365-1000

uofmchildrenshospital.org
Enhancing safety for Thomas 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 him to use 

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

Restraint System, he 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 Thomas while he is using the CARES restraint. I also propose that 

all operations under this exemption be conducted with at least one of Thomas’ parents or a 

caregiver accompanying him or her. In addition, I propose that Thomas’ 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 are ticketed to travel January 13, 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 he) 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 him during the flight.

Sincerely,

Paola Calderon (mother)

621 Oak St. SE

Minneapolis, MN 55414

Marie Rodier MSW

Social Worker, Pediatric Blood and Marrow Transplant Program, 

University of Minnesota Amplatz Children’s Hospital

612-273-3874 mrodier1@fairview.org