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

required	for	Luke	Stephen	Wright 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	Luke is	aboard	its	aircraft	is	granted	an	exemption	from	14	

CFR	§	121.311(b)(2)(iii)(B)	to	the	extent	necessary	to	allow	Luke 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	is	9	years	old,	weighs	55	pounds,	and	is	48	inches	tall.	My son’s	physical	

condition	is	global	developmental	delay	due	to	Christianson	Syndrome.	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	Luke 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	Luke and	a	high	level	of	safety	for	the	

other	passengers	and	crew	on	the	airplane.	In	fact,	in	Luke’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	Luke 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	Luke only	sits	in	a	passenger	seat	with	no	passenger	seated	behind	him.	

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

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

exemption	be	conducted	with	at	least	one	of	Luke’s parents	or	a	caregiver	

accompanying	him	or	her.	In	addition,	I	propose	that	Luke’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	27,	2013. If	it takes

longer	than	until	June	13 to	put	this	in	the	Federal	Register,	it	could 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	and	attention	to	this	matter,

Stephen	and	Julie	Wright	(Luke’s	parents)

8671	Open	Meadow	Way

Columbia,	MD	21045

410-750-7128