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

Jedidiah J. M. Braithwaite and Faith A. A. Braithwaite to be able to use an FAA Approved Child 

Restraint System even though they exceed 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 Jedidiah and Faith are aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow Jedidiah and Faith 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. 

The children's physical conditions are as follows: They are both healthy but each weighs very

close to 40 pounds. They travel on long International flights (i.e. Okinawa to the United States, 

19-21 hours through varying weather systems. As a result, I believe they need the support and 

security provided by an FAA Approved Child Restraint, but because of their weight may be

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 the children be allowed to occupy an FAA Approved Child Restraint (CARES, 

manufactured by AmSafe, Inc.), even though they exceed the manufacturer’s weight limits. This 

ensures a high level of safety for Jedidiah and Faith and a high level of safety for the other 

passengers and crew on the airplane. In fact, in their cases, 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 Jedidiah and Faith 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 them to 

use commercial air transportation. Without the support and security of the FAA Approved Child 

Restraint System, they would be unable to fly commercially as safely during our long flights. 

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 Jedidiah and Faith only 

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

would exist for a passenger seated behind Jedidiah or Faith while they are using the CARES 

restraint. I also propose that all operations under this exemption be conducted with at least one of 

Jedidiah and Faith’s parents or a caregiver accompanying him or her. In addition, I propose that 

Jedidiah and Faith’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 or about 01 July 2012. If it takes too long to 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 two children to 

use FAA Approved Child Restraint Systems on an aircraft, even though the children exceed the 

weight limits for the CRS. We request that these children be allowed to occupy an FAA Approved 

Child Restraint (CARES, manufactured by AmSafe, Inc.), even though they exceed the 

manufacturer’s weight limits of 44 pounds. In this case, the safety of these children is greatly 

enhanced by the extra support and security that the FAA Approved Restraint System will provide 

for them during the flight.