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 Maitreyi Sashikanth 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 

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

necessary to allow Maitreyi Sashikanth 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 11 year’s old, weighs 60 pounds, and is 56 inches tall. My daughter’s physical condition is as follows, 

Quadraplegic Cerebral Palsy requiring trunk and upper body support while seated in an upright position. 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 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 Maitreyi Sashikanth be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by 

AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits. This ensures a high level of safety for 

Maitreyi Sashikanth and a high level of safety for the other passengers and crew on the airplane. In fact, in Maitreyi 

Sashikanth’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 Maitreyi Sashikanth 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 Maitreyi Sashikanth only sits in a passenger seat with no passenger 

seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Maitreyi Sashikanth

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

least one of Maitreyi Sashikanth's parents or a caregiver accompanying him or her. In addition, I propose that Maitreyi 

Sashikanth'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 12/28/2012. 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 she 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 her

during the flight.