Request to Use CARES for Larger/Older Persons

March 28, 2012

Petition for Exemption

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 my daughter, Rachel Strcich 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 Rachel Strcich is aboard its aircraft is 

granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Rachel Strcich 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 daughter’s physical condition is as follows: Rachel has arthrogryposis which is a muscle and joint disorder. She uses a wheelchair 

and is dependent for all needs. She does not sit, stand, walk or transfer independently.She is 15 years old and weighs approximately 82 

pounds. 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 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 my daughter, Rachel Strcich 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 Rachel and a high 

level of safety for the other passengers and crew on the airplane. In fact, in Rachel'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 Rachel 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 Rachel Strcich only sits in a passenger seat with no passenger seated behind her. Therefore, no 

unsafe condition would exist for a passenger seated behind Rachel while she is using the CARES restraint. I also propose that all 

operations under this exemption be conducted with at least one of Rachel’s parents or a caregiver accompanying him or her. In 

addition, I propose that Rachel’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 on June 24, 2012. 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 Rachel Strcich 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.

Very truly,

Susan Strcich, 5 Ashleigh Drive, St. James, NY 11780

(631) 751-5115

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