811 First Ave, Suite 520

Seattle, WA 98104

800-304-9475

www.akwa.wish.org

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 

Nickolas Duncan 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 Nickolas is 

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

necessary to allow Nickolas 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.

Nikolas Duncan is _13_ year’s old, weighs _94____ pounds, and is __60____ inches tall. His

physical condition is as follows: Cerebral Palsy with Hydrocephalus. 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: Shari and Russell Duncan, 429 

X Street SE, Tumwater, WA 98501 and shari321go@gmail.com. Please also copy: 

Make-A-Wish, Trina Cottingham at 811 First Ave, #520 Seattle, WA 98104 and 

trina@akwa.wish.org.

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 Nickolas Duncan 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 Nickolas and a high level of safety for 

the other passengers and crew on the airplane. In fact, in Nickolas’ 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 Nickolas 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 Nickolas 

Duncan only sits in a passenger seat with no passenger seated behind him. Therefore, no 

unsafe condition would exist for a passenger seated behind Nickolas while he is using the 

CARES restraint. I also propose that all operations under this exemption be conducted with 

at least one of Nickolas’ parents or a caregiver accompanying him or her. In addition, I 

propose that Nickolas’ 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 December 8th to December 14th, 2013. 

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 for your consideration of this request.

Trina Cottingham

Director of Wishes

Make-A-Wish Alaska and Washington

811 First Ave, Suite 520

Seattle, WA 98104

www.akwa.wish.org

trina@akwa.wish.org

206-623-5320 (direct)

206-623-5333 (fax)