September 1, 2011

Letter of exemption for Kelsey Edmonds

I am writing to request an exemption from FAR 121.311 (b) to the extent required for our Wish Child,

Kelsey Edmonds, to be able to use an FAA Approved Child Restraint System even though he exceeds the 

weight limits for the CRS. I believe the pertinent section from which we seek relief is:

§ 121.311 Seats, safety belts, and shoulder harnesses.

* * * * * 

(b) Except as provided in this paragraph, each person on board an airplane operated under this 

part shall occupy an approved seat or berth with a separate safety belt properly secured about 

him or her during movement on the surface, takeoff, and landing. A safety belt provided for the 

occupant of a seat may not be used by more than one person who has reached his or her second 

birthday. Notwithstanding the preceding requirements, a child may:

(1) Be held by an adult who is occupying an approved seat or berth, provided the child has not 

reached his or her second birthday and the child does not occupy or use any restraining device; 

or

(2) Notwithstanding any other requirement of this chapter, occupy an approved child restraint 

system furnished by the certificate holder or one of the persons described in paragraph (b)(2)(i) 

of this section, provided:

(i) The child is accompanied by a parent, guardian, or attendant designated by the child's parent 

or guardian to attend to the safety of the child during the flight;

(ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint 

system bears one or more labels as follows:

(A) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must 

bear the label: “This child restraint system conforms to all applicable Federal motor vehicle 

safety standards.”

(B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:

( 1 ) “This child restraint system conforms to all applicable Federal motor vehicle safety 

standards”; and
( 2 ) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 

AIRCRAFT” in red lettering;

(C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B) of this section must 

bear a label or markings showing:

( 1 ) That the seat was approved by a foreign government;

( 2 ) That the seat was manufactured under the standards of the United Nations; or

( 3 ) That the seat or child restraint device furnished by the certificate holder was approved by

the FAA through Type Certificate or Supplemental Type Certificate.

( 4 ) That the seat or child restraint device furnished by the certificate holder, or one of the 

persons described in paragraph (b) (2) (i) of this section, was approved by the FAA in 

accordance with §21.305(d) or Technical Standard Order C–100b, or a later version.

(D) Except as provided in §121.311(b)(2)(ii)(C)( 3 ) and §121.311(b)(2)(ii)(C)( 4 ), booster-type 

child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 

571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not 

approved for use in aircraft; and

(iii) The certificate holder complies with the following requirements:

(A) The restraint system must be properly secured to an approved forward-facing seat or berth;

(B) The child must be properly secured in the restraint system and must not exceed the specified 

weight limit for the restraint system; and

(C) The restraint system must bear the appropriate label(s).

* * * * *

Kelsey’s physical condition is as follows: 8 year old, 66 pound wheelchair bound child with 

leukoencephalopothy, symptomatic epilepsy, a gastronomy tube and a traecheostomy tube. 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 Kelsey be allowed to occupy an FAA Approved Child Restraint (CAReS, 

manufactured by AmSafe Corporation), even though he slightly exceeds the manufacturer’s weight limits. 

This ensures a high level of safety for Kelsey and a high level of safety for the other passengers and crew 
on the airplane. In fact, in Kelsey’s case, safety is greatly enhanced by the extra support and security that 

the FAA Approved Restraint System will provide for her during the entire flight. 

Enhancing safety for Kelsey 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 Kelsey only sits in a passenger 

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

seated behind Kelsey while he is using the CAReS restraint. 

I also request that the processing of this petition not be delayed for publication and 

comment in the Federal Register. Kelsey is scheduled to travel to Disney World from October 1-

October 7, 2011. 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 slightly 

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. 

Sincerely,

Jessica Partida

Wish Coordinator

Make-A-Wish Foundation of

Greater Los Angeles