Request to Use CARES Child Restraint System for Larger/Older Persons

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

for Kaede Tada to be able to use an FAA Approved Child Restraint System even though she 

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 Kaede Tada is 

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

extent necessary to allow Kaede Tada 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 daughter is 10 yearfs old, weighs 50 pounds, and is 54 inches tall. My daughterfs 

physical condition is as follows 1) no any machine/equipment needed to breadth etc. 2) 

however she need a special harness to sit in purse as body is unstable. She is usually 

permitted with a special harness similar equipment like CARES, manufactured by AmSafe, 

Inc. in domestic flight operated by All Nippon Airways and Japan Airlines. She is OK to 

take ca, bus with a harness. As a result of her physical condition, she needs the 

support and security provided by an FAA Approved Child Restraint, but because of her 

weight is incapable of compliance with the regulation. I am also submitting the 

following contact information: Akira Tada, #211, Miyazaki 3-11-19, Miyamae Ku, Kawasaki 

City, Kanagawa Pref, 2160033 JAPAN and "akiratada@gmail.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 Kaede Tada be allowed to occupy an FAA Approved Child Restraint CARES, 

manufactured by AmSafe, Inc., even though she exceeds the manufacturerfs weight limits. 

This ensures a high level of safety for Kaede Tada and a high level of safety for the 

other passengers and crew on the airplane. In fact, in Kaede Tadafs 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 Kaede Tada 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 her to use commercial air transportation. Without the support and security 

of the FAA Approved Child Restraint System, she 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 Kaede Tada only sits in a passenger seat with no passenger seated behind her. 

Therefore, no unsafe condition would exist for a passenger seated behind Kaede Tada 

while she is using the CARES restraint. I also propose that all operations under this 

exemption be conducted with at least one of Kaede Tada parents or a caregiver 

accompanying him or her. In addition, I propose that Kaede Tada 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 26th May 2014. 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 she exceeds the 

manufacturerfs 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 her during the flight.

Thank you for your consideration of this request.