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 Kyle Hill 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 Kyle is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent 

necessary to allow Kyle Hill 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 ___5 and a half__ year’s old, weighs _45____ pounds, and is _40____ inches tall. My son’s physical 

condition is as follows (scoliosis). 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: Nicole Hill), ( Curkish, Bailieborough,

Co. Cavan, Ireland) and (nicolehill3075@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 Kyle 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 (Kyle) 

and a high level of safety for the other passengers and crew on the airplane. In fact, in Kyles’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 Kyle 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 Kyle only sits in a passenger seat with no passenger 

seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Kyle while he is 

using the CARES restraint. I also propose that all operations under this exemption be conducted with at least 

one of Kyles parents or a caregiver accompanying him . In addition, I propose that Kyle'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 10th of July 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.