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 Cody

Yelm 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 Cody Yelm is aboard its aircraft is granted an

exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Cody Yelm 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's physical condition is as follows he is a nineteen year old, weighing one hundred

pounds that has a diagnosis of Anoxic Encephalopathy. 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 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 Cody Yelm 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 Cody Yelm and a high level of safety for the other passengers

and crew on the airplane. In fact, in Cody'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 Cody Yelm 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 Cody Yelm only sits in a

passenger seat with no passenger seated behind him. Therefore, no unsafe condition would exist

for a passenger seated behind Cody Yelm while he is using the CARES restraint. I also propose

that all operations under this exemption be conducted with at least one of Cody Yelm’s parents or

a caregiver accompanying him or her. In addition, I propose that Cody Yelm’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 31, 2012 thru August 7, 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 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. Thank you.

Curt, Charlotte & Cody Yelm

518 South Fifth Street

Princeton, Illinois 61356

cccyelm@frontier.com