Exemption No. 10610 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

CECILIA BRAITHEWAITE Regulatory Docket No. FAA-2012-0620

 

for an exemption from §121.311(b) 

of Title 14, Code of 

Federal Regulations 

 

DENIAL OF EXEMPTION 

By letter dated June 5, 2012, Cecelia Braithwaite, PSC 559 Box 6815, FPO, AP 96377 

petitioned the Federal Aviation Administration (FAA) on behalf of her children Jedidiah J. M. 

Braithwaite and Faith A. A. Braithwaite for an exemption from § 121.311(b) of Title 14, 

Code of Federal Regulations (14 CFR) to the extent necessary to permit Jedidiah J. M. 

Braithwaite and Faith A. A. Braithwaite, two typically developing children, to use FAA 

Approved Child Restraint Systems (CRS) on an aircraft, even though the children exceed the 

weight limits for the CRS. 

The petitioner requires relief from the following regulation: 

Section 121.311(b) prescribes, in pertinent part, that the child be properly secured in 

the restraint system and must not exceed the specified weight limit for the restraint 

system. 

The petitioner supports her request with the following information:

AFS-12-430-E 

The petitioner states that Jedidiah J. M. Braithwaite and Faith A. A. Braithwaite are both 

healthy, but each weighs very close to 40 pounds. She further states that they travel on long 

International flights (i.e. Okinawa to the United States, 19-21 hours through varying weather 

systems). As a result, the petitioner states that her children need the support and security 

provided by an FAA Approved Child Restraint, but because of their weight may be incapable 

of compliance with the regulation. 
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The petitioner states that she understands 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 petitioner adds that 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. 

The petitioner proposes that her children be allowed to occupy an FAA Approved Child 

Restraint (CARES, manufactured by AmSafe, Inc.), even though they exceed the 

manufacturer’s weight limits. The petitioner states that this ensures a high level of safety for 

Jedidiah and Faith and a high level of safety for the other passengers and crew on the 

airplane. The petitioner adds that, in fact, in their cases, safety is greatly enhanced by the 

extra support and security that the FAA Approved Restraint System will provide during the 

entire flight. 

The petitioner states that enhancing safety for Jedidiah and Faith is in the public interest. In 

addition, the petitioner notes that the public interest is also served by the fact that the use of 

this FAA Approved Child Restraint System allows them to use commercial air transportation. 

The petitioner adds that without the support and security of the FAA Approved Child 

Restraint System, they would be unable to fly commercially as safely during our long flights. 

The petitioner believes 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 petitioner states that 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. 

The petitioner believes 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 head impact (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, 

the petitioner proposes that the FAA establish a limitation in a grant to her petition that

Jedidiah and Faith only sit in a passenger seat with no passenger seated behind them. 

Therefore, no unsafe condition would exist for a passenger seated behind Jedidiah or Faith

while they are using the CARES restraint. The petitioner also proposes that all operations 

under this exemption be conducted with at least one of Jedidiah and Faith’s parents or a 

caregiver accompanying them. In addition, the petitioner proposes that Jedidiah and Faith’s 

parent or caregiver must carry a copy of this exemption. 

The petitioner also requested that the processing of this petition not be delayed for publication 

and comment in the Federal Register. The petitioner wanted to travel on or about July 1, 

2012. The petitioner stated that if it takes too long to put this in the Federal Register, it could 
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delay the process and they may not be able to travel in this timeframe. The petitioner states 

that if it is necessary to put a summary in the Federal Register, she submits the following: 

This is a request for an exemption from § 121.311(b) to the extent required for two 

children to use FAA Approved Child Restraint Systems on an aircraft, even though the 

children exceed the weight limits for the CRS. We request that these children be allowed 

to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), 

even though they exceed the manufacturer’s weight limits of 44 pounds. In this case, the 

safety of these children is greatly enhanced by the extra support and security that the FAA 

Approved Restraint System will provide for them during the flight. 

Although the petitioner requested that action on its petition not be delayed for publication 

in the Federal Register, the FAA found that the petition, if granted, would set a precedent. 

Therefore, to allow an opportunity for the public to comment on the petition, a summary of 

this petition was published in the Federal Register on June 25, 2012 (77 FR 37952). No 

comments were received. 

The FAA’s analysis is as follows: 

The FAA has carefully considered all the information presented by the petitioner in her 

request for relief from for an exemption from § 121.311(b) of the Federal Aviation 

Regulations (FAR) to the extent necessary to permit Faith and Jedidiah, two typically 

developing children, to use FAA Approved Child Restraint Systems (CRS) on an aircraft, 

even though the children exceed the weight limits for the CRS. 

The FAA notes that Jedidiah J. M. Braithwaite and Faith A. A. Braithwaite are not unique 

from the general class of regulated persons subject to the provisions of § 121.311(b), so as to 

justify relief through an exemption rather than through the general rulemaking process. 
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The FAA’s Decision:

 In consideration of the foregoing, I find that a grant of exemption would not be in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 

and 44701, delegated to me by the Administrator, the petition of Cecilia Braithwaite for an 

exemption from 14 CFR § 121.311(b) is hereby denied. 

Issued in Washington, DC, on August 24, 2012. 

Raymond Towles 

Acting Director, Flight Standards 

 Service