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 (Trinity Sumlin) 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 (Trinity Sumlin) is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow (Trinity Sumlin) 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 ___58 pounds, and is 43____ inches tall. 

My daughter’s physical condition is hypotonia and developmental delay. 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: (Sheryl 

Sumlin), (7943 Bluefin Trail, Union City Georgia 30291), (sherylsuml@yahoo.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 (Trinity Sumlin) 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 (Trinity Sumlin) and a high level 

of safety for the other passengers and crew on the airplane. In fact, in (Trinity 
Sumlin)’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 (Trinity Sumlin) 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 

(name) only sits in a passenger seat with no passenger seated behind her. Therefore, 

no unsafe condition would exist for a passenger seated behind (Trinity Sumlin) while 

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

exemption be conducted with at least one of (Trinity Sumlin) parents or a caregiver 

accompanying him or her. In addition, I propose that (Trinity Sumlin) 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 (June 20, 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 

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.

Thank you for your consideration of this request.