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 H.A. Rain Scherbarth 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 H.A. Rain Scherbarth is aboard its 

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

necessary to allow H.A. Rain Scherbarth 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___ years old, weighs __45___ pounds, and is __41____ inches 

tall. My son’s physical condition is as follows: Duchenne Muscular Dystrophy. 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 H.A. Rain Scherbarth 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 

H.A. Rain Scherbarth and a high level of safety for the other passengers and 

crew on the airplane. In fact, in H.A. Rain Scherbarth’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 H.A. Rain Scherbarth 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 H.A. Rain Scherbarth only sits in a passenger seat with no passenger seated 

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

behind H.A. Rain Scherbarth while he is using the CARES restraint. I also 

propose that all operations under this exemption be conducted with at least one 

of H.A. Rain Scherbarth's parents or a caregiver accompanying him or her. In 

addition, I propose that H.A. Rain Scherbarth'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 on February 18, 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.