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 Kevin Mulholland 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 Kevin is aboard its aircraft is granted an exemption from 14 

CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Kevin 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 26 year’s old, weighs 170 pounds, and is 5' 8' inches tall. My son's 

physical condition is as follows Duchene Muscular Dystrophy (DMD). 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. I am also submitting the following contact information: 

Barbara Mulholland, 505 Piping Rock Drive, Chesapeake, VA 23322 and 

bmulholland1@cox.net.

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 Kevin, 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 Kevin and a 

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

Kevin’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 Kevin 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 Kevin only sits in a passenger seat with no passenger seated behind her. 

Therefore, no unsafe condition would exist for a passenger seated behind Kevin 

while he is using the CARES restraint. I also propose that all operations under 

this exemption be conducted with at least one of Kevin's parents or a caregiver 

accompanying him. In addition, I propose that Kevin'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 July 20, July 26, 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.