Request to Use CARES for Larger/Older Persons:

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 me, Brett 

Purdom, to be able to use an FAA Approved Child Restraint System even though I 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 I, Brett Purdom, am aboard its aircraft is granted an exemption 

from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow me, Brett Purdom, 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 I seek relief is Section 121.311 Seats, safety 

belts, and shoulder harnesses.

I am 43 year’s old and weigh 200 pounds, and am 36 inches tall. My physical condition is as follows: I am 

a C4-5 quadriplegic who requires upper body stabilization in order to control my torso in an airplane seat 

while flying. As a result of my physical condition, I need the support and security provided by an FAA 

Approved Child Restraint, but because of my 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 I, Brett Purdom, be allowed to occupy an FAA Approved Child Restraint (CARES, 

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

high level of safety for me and a high level of safety for the other passengers and crew on the airplane. In 

fact, in my 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 me 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 me to use commercial air transportation. 

Without the support and security of the FAA Approved Child Restraint System, I 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 I, Brett Purdom, only sit in a passenger seat 

with no passenger seated behind me. Therefore, no unsafe condition would exist for a passenger seated 

behind me while I am using the CARES restraint. I also propose that all operations under this exemption 

be conducted with at least one of my caregivers/adult companion accompanying me. In addition, I 

propose that my caregiver/adult companion 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 February 8th through February 10th from Denver to Seattle and 

back. 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 an adult to use an FAA 

Approved Child Restraint System on an aircraft, even though I exceed the weight limits for the CRS. Due 

to physical challenges, without the support and security of this FAA Approved Child Restraint System, I 

would be unable to fly. I request that I be allowed to occupy an FAA Approved Child Restraint (CARES, 

manufactured by AmSafe, Inc.), even though I exceed the manufacturer’s weight limits of 44 pounds. In 

this case, my safety is greatly enhanced by the extra support and security that the FAA Approved 

Restraint System will provide for me during the flight.