Steven Smith

113 North Street

Tewksbury, MA 01876

978-851-0987

skcasmith@verizon.net

June 5, 2012

Dear Sir or Madam:

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Avery Smith 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 Avery is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent 

necessary to allow Avery 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: Avery is eight soon to be nine years old, he is about 53 pounds in 

weight and about 48 1⁄2 inches tall, he has limited fine and gross motor control throughout his entire body. He 

has Velo-Cardio Facial Syndrome (VCFS – chromosome 22q11 partial deletion), he also has Polymicro Gyrus 

of the PeriSylvian region of his brain (this is the fine and gross motor hub of the brain and the 

communication/language hub of the brain). In addition to the genetic and neurological conditions Avery also 

has severe silent and audible aspiration which requires him to be in an upright position while in motion through 

the day (for example, his wheelchair in the van). 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 Avery be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by 

AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for 

Avery and a high level of safety for the other passengers and crew on the airplane. In fact, in Avery'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 Avery 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). 
– 2 – June 5, 2012

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 Avery only sits in a passenger seat with no passenger 

seated behind him. Therefore, no unsafe condition would exist for a passenger seated behind Avery while he is 

using the CARES restraint. I also propose that all operations under this exemption be conducted with at least 

one of Avery’s parents or a caregiver accompanying him. In addition, I propose that Avery’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 November 9th and 17th of 2012. 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. 

Sincerely,

Steve Smith

(Avery’s Dad)

113 NORTH STREET • T EWKSBURY, MA • 01876

PHONE: 978 - 851 - 0987