I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for 

Brendan Koss 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 Brendan Koss is 

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

extent necessary to allow Brendan Koss 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’s physical condition is as follows Duchenne Muscular Dytrophy. 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 (Brendan Koss be allowed to occupy an FAA Approved Child Restraint 

(CARES, manufactured by AmSafe Corporation), even though he exceeds the 

manufacturer’s weight limits. This ensures a high level of safety for Brendan Koss and a 

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

Koss’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 Brendan Koss 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 

Brendan Koss only sits in a passenger seat with no passenger seated behind her. 

Therefore, no unsafe condition would exist for a passenger seated behind Brendan Koss

while he is using the CARES restraint. I also propose that all operations under this 
exemption be conducted with at least one of Brendan Koss’s parents or a caregiver 

accompanying him or her. In addition, I propose that Brendan Koss’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 12/27/11 and 01/01/12. 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.