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

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

Helen Guzman 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 Helen Guzman

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

extent necessary to allow Helen Guzman 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 mother is 59 year’s old, weighs 120 pounds, and is 62 inches tall. My mother’s

physical condition is as follows a quadriplegic and requires a motorized wheelchair and a 

ventilator. 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: Susanna Guzman, 17101 La Cantera Pkwy Apt 7403, San Antonio, TX 

78256 and pinkpearl2888@yahoo.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 Helen Guzman 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 Helen Guzman and a high level of 

safety for the other passengers and crew on the airplane. In fact, in Helen Guzman’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 Helen Guzman 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 

Helen Guzman only sits in a passenger seat with no passenger seated behind her. 

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

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

exemption be conducted with at least one of Helen Guzman caregiver accompanying him 

or her. In addition, I propose that Helen Guzman’s 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 November 14-November 18. 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.