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

(Trevor Drake) 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 

(Trevor) is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow (Trevor) 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 __10___ year’s old, weighs __75___ pounds, and is _58_____ inches tall. 

My son’s physical condition is as follows (spastic quadriplegic cerebral palsy; 

refractory epilepsy requiring total care. He is non-ambulatory and non 

communicative). 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: (Jaclyn Rickard), 307 East Clark Street, Earlington, KY 42410) 

and (blondchick8012@yahoo.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 (Trevor Drake) 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 (Trevor) and a high level of safety 

for the other passengers and crew on the airplane. In fact, in (Trevor)’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 (Trevor) 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 

(Trevor) only sits in a passenger seat with no passenger seated behind her. Therefore, no 

unsafe condition would exist for a passenger seated behind (Trevor) while (he) is using 

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

with at least one of (Trevor’s) parents or a caregiver accompanying him or her. In 

addition, I propose that (Trevor’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 (June 1-7, 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.