Request	to	Use	CARES	Child	Restraint	System	for	Larger/Older	Persons

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

E.	Hodge to	be	able	to	use	an	FAA	Approved	Child	Restraint	System	even	though	she	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 Joanna is	aboard	its	aircraft	is	granted	an	

exemption	from	14	CFR	§	121.311(b)(2)(iii)(B)	to the	extent	necessary	to	allow	Joanna 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	daughter is	almost	12 years	old,	weighs	approximately	58	pounds,	and	is	48 inches	tall.	

My daughter’s	physical	condition	is	Aicardi	syndrome,	a	rare	neurological	disorder	that	causes	

extremely	poor	muscle	tone,	trunk	and	head	control,	and	motor	skills.		As	a	result	of	her physical	

condition,	she needs	the	support	and	security	provided	by	an	FAA	Approved	Child	Restraint,	but	

because	of	her weight	is	incapable	of	compliance	with	the	regulation.		I	am	also	submitting	the	

following	contact	information:	Mark	and/or	Kathleen	Hodge (parents),	5914	W.	Bent	Tree	

Drive,	Phoenix,	AZ,	85083,	 e-mail:	mdkfhodge@cox.net.

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	Joanna be	allowed	to	occupy	an	FAA	Approved	Child	Restraint	(CARES,	

manufactured by	AmSafe,	Inc.),	even	though	she exceeds	the	manufacturer’s	weight	limits.	This	

ensures	a	high	level	of	safety	for	Joanna and	a	high	level	of	safety	for	the	other	passengers	and	crew	

on	the	airplane.	In	fact,	in	Joanna’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	Joanna 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	her to	use	commercial	air	

transportation.	Without	the	support	and	security	of	the	FAA	Approved	Child Restraint	System,	she

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	Joanna only	sits	in	a	

passenger	seat	with	no	passenger	seated	behind	her.	Therefore,	no	unsafe	condition	would	exist for	

a	passenger	seated	behind	Joanna while	she is	using	the	CARES	restraint.	I	also	propose	that	all	

operations	under	this	exemption	be	conducted	with	at	least	one	of	Joanna’s parents	or	a	caregiver	

accompanying	him	or	her.	In addition,	I	propose	that	Joanna’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	December	16	– 21,	2013,	for	Joanna’s	“Make	a Wish”	trip	to	

Orlando,	FL. 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	she 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	her during	the	flight.

Thank you	for	your	consideration	of	this	request.

Sincerely,

Kathleen	F.	Hodge

5914	W.	Bent	Tree	Drive

Phoenix,	AZ	85083

(623)572-2680

mdkfhodge@cox.net