FAA

I am writing to request an exemption from FAR 121.311 (b) to the extent required for my 

son 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).

* * * * *

My Son’s physical condition is alternately high and low muscle tone. 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 Robert Alexander Fredericks 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 Robert Alexander Fredericks and a high level of safety for the other passengers and 

crew on the airplane. In fact, in Robert Alexander Fredericks’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 Robert Alexander Fredericks 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 

Robert Alexander Fredericks only sits in a passenger seat with no passenger seated 

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

Robert Alexander Fredericks 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. We want to travel September 25 to October 2. 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.

For

Robert Alexander Fredericks

Richard Fredericks

384 Harcourt Drive

Oshawa Ontario Canada

L1H-6V6

905-728-6923

rfredericks@rogers.com