Request to Use CARES for Larger/Older Persons

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

Dustan Clements 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 Kason Dustan Clements is aboard 

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

to allow Kason Dustan Clements 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 he has Severe Spastic Cerebral Palsy, 

Encephalopathy which has confined him to a wheelchair. He is unable to support his upper 

body. His date of birth is March 18, 2001, which makes him eleven years old. He is 5 feet tall 

and 100 lbs.(Insert a description of physical challenges- and some text that includes your child’s 

age and weight). 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 Kason Dustan Clements 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 Kason Dustan Clements and a high level of 

safety for the other passengers and crew on the airplane. In fact, in Kason Dustan Clements’

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 Kason Dustan Clements 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 Kason Dustan 

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

condition would exist for a passenger seated behind Kason Dustan Clements while he is using 

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

least one of Kason Dustan Clements parents or a caregiver accompanying him. In addition, I 

propose that Kason Dustan Clements 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 March 6 – 12, 2012 as his wish he is receiving from 

Children’s Wish Foundation to travel to Orlando Florida to visit Disneyworld. 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.