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 Cole W. 

Padgham 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 Cole W. Padgham is aboard its aircraft is granted an exemption 

from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Cole W. Padgham 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's physical condition is as follows: Cole is 10 years old and has Cerebral Palsy. He is unable to 

sit, stand or walk without supports. He uses a power chair for mobility. Cole weighs 59 pounds. 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 Cole W. Padgham 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 Cole W. Padgham and a high level of safety for the other passengers and crew on 

the airplane. In fact, in Cole W. Padgham'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 Cole W. Padgham 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 Cole W. Padgham only sits in a passenger 

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

seated behind Cole W. Padgham while he is using the CARES restraint. I also propose that all operations 

under this exemption be conducted with at least one of Cole W. Padgham’s parents or a caregiver 

accompanying him or her. In addition, I propose that Cole’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 12, 2012 to China and then return to the U.S. on July 25, 2012. 

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.