Robert & Penny Mancini

15219 Wilds Parkway N W * Prior Lake, MN 55372 * (952) 447 - 3082 *

fax (952)4473 - 3028 

Monday, August 22, 2011

Federal Aviation Administration

Air Transportation Division

Subject: Letter of Exemption

Reference: FAR 121.311

To Whom It May Concern:

I am writing to request an exemption from FAR 121.311 (b) to the extent required for my son Chase Mancini 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.
Robert & Penny Mancini

15219 Wilds Parkway N W * Prior Lake, MN 55372 * (952) 447 - 3082 *

fax (952)4473 - 3028 

( 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 Chase is 9 years old and has cerebral palsy, he is 4’4” tall and weighs 55 pounds. Chase has been diagnosed with spastic 

dystonic quadriparesis. Chase is unable to sit or walk independently, and uses a power wheelchair with a chest harness and lateral 

supports for mobility. Due to his poor trunk control, he needs the additional 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 Chase 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 Chase and a high level of safety 

for the other passengers and crew on the airplane. In fact, in Chase’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 Chase 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, (she/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). 
Robert & Penny Mancini

15219 Wilds Parkway N W * Prior Lake, MN 55372 * (952) 447 - 3082 *

fax (952)4473 - 3028 

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 Chase only sits in a passenger seat with no passenger seated behind him. Therefore, no 

unsafe condition would exist for a passenger seated behind Chase 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 October 14, 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. 

Thank you,

Penny Mancini