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February 1, 2016

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 Casey Duncan 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.

Casey Duncan is 10 year’s old, weighs 65 pounds, and is 60 inches tall. Her physical condition is as follows: 

She has an Intractable Seizure Disorder and it wheelchair bound. She is tube fed through a feeding pump 20 

hours a day. She can not sit up on her own. 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: Alisha Duncan, 407 Jamaica Court, 

Sand Springs, OK 74068 and Alisha.duncan3@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 Casey 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 

Casey and a high level of safety for the other passengers and crew on the airplane. In fact, in Casey’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 Casey's 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.

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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 Casey only sits in a passenger seat with no passenger 

seated behind her. 

Therefore, no unsafe condition would exist for a passenger seated behind Casey while she is using the CARES 

restraint. I also propose that all operations under this exemption be conducted with at least one of Casey's 

parents or a caregiver accompanying him or her. In addition, I propose that Casey'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 Marcy 8-14, 2016. 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 time frame.

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.

Warm Wishes,

Amy Ramsey

Wish Coordinator

Make-A-Wish® Oklahoma