Letter – Request to Use CARES for Larger/Older Persons:

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 Jacob 

Goldenberg 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 Jacob is aboard its aircraft is granted an 

exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Jacob 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 15 years old, weighs 84 pounds, and is approximately 45 inches tall. His physical condition 

is as follows:

Jacob had brain surgery in early 2002 to remove a tumor growing on his brainstem in the center of his 

head. Although the risky surgery to remove a tumor in that location was successful, it left him in a 

wheelchair, with hemiparalysis and the inability to sit up on his own without supportive equipment, 

damage to the third cranial nerve controlling one eyelid, difficulty swallowing, and behavioral issues 

due to the reduced inhibitions/impulse control. 

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 Jacob 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 Jacob and a high level of safety for the other passengers and crew on the airplane. In 

fact, in Jacob’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 Jacob 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 Jacob only sits in a passenger seat 

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

seated behind Jacob while he is using the CARES restraint. I also propose that all operations under 

this exemption be conducted with at least one of Jacob’s parents or a caregiver accompanying him or 

her. In addition, I propose that Jacob’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, if an exemption to such publication is possible, that would be preferable. We would 

like to travel December 5-10, 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 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.

Thank you for your prompt consideration.

Sincerely,

Denis Goldenberg

(908) 334-4981