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	GRACE	

AGUILAR	 ABASCAL 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	GRACE	AGUILAR	ABASCAL is	aboard	

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

allow	 GRACE	 AGUILAR	 ABASCAL 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 is	 4 year’s	 old,	 weighs	 46 pounds,	 and	 is	 42 inches	 tall.	 My daughter’s	 physical	

condition	 is	 as	 follows:	 Angelman’s	 Syndrome,	 which	 is	 characterized	 by	 functionally	 severe	

developmental	 delay,	 movement	 or	 balance	 disorder,	tremulous	 movement	 of	limbs,	 easily	

excitable	 personality;	 hypermotoric	 behavior and short	 attention	 span.	 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: MARIANO	AGUILAR, 67	Whisperwood	Road;	Thornhill,	Ontario	

(Canada)	L4J	9C9; email	address:	mariano.aguilar@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	GRACE	AGUILAR	ABASCAL 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	GRACE	AGUILAR	ABASCAL and	a	high	level	of	safety	for	the	

other	 passengers	 and	 crew	 on	the	 airplane.	 In	 fact,	 in	 GRACE	AGUILAR	ABASCAL’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	 GRACE	 AGUILAR	 ABASCAL 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	

GRACE	AGUILAR	ABASCAL to	use	commercial	air	transportation.	Without	the	support	and	security	of	

the	FAA	Approved	Child	Restraint	System,	she would possibly 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	GRACE	AGUILAR	ABASCAL only	sits

in	a	passenger	seat	with	no	passenger	seated	behind	her.	Therefore,	no	unsafe	condition	would	exist	

for	a	passenger	seated	behind	GRACE	AGUILAR	ABASCAL while	she is	using	the	CARES	 restraint.	I	

also	 propose	 that	 all	 operations	 under	 this	 exemption	 be	 conducted	 with	 at	 least	 one	 of	 GRACE	

AGUILAR	ABASCAL’s parents	 or	 a	 caregiver	 accompanying	 him	 or	 her.	In	 addition,	I	 propose	that	

GRACE	AGUILAR	ABASCAL’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	July	17,	2013	returning	on	August	26,	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	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.