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

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 Martin is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow Martin 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/son) is 6 year’s old, weighs 48 pounds, and is 42 inches tall. My son’s physical condition 

is as follows MPS IIIA which causes hyperactivity and developmental delays. 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: Jodi Gulley, 2935 Eminence RD Long Eddy NY 12760 and 

JGx2_78@hotmail.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 Martin 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 Martin and a high level of safety for the other passengers and crew on the airplane. In fact, in 

Martin’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 Martin 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/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 Martin only sits in a passenger seat with 

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

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

exemption be conducted with at least one of Martin’s parents or a caregiver accompanying him or her. 

In addition, I propose that Martin’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 for our Make-A-Wish trip May 7th Flying home May 13th.. 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/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 (her/him) during 

the flight.

Thank you for your consideration of this request.

Jodi Gulley