To Whom It May Concern:

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Soren Rogers 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 Soren is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow Soren 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. Soren is currently 8 years old, weighs 48 lbs., and is 48 inches. 

He has a severe and debilitating form of intractable seizures called Lennox-Gastaut Syndrome. He began 

having seizures at six months old and, because of this, he has global developmental delay including severe 

physical impairments. Soren presents with significant overall strength deficits and 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 Soren 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 Soren and a high level of safety for the other passengers and crew on the airplane. In fact, in Soren’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 Soren 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 (name) only sits in a passenger seat with no 

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

Soren while he is using the CARES restraint. I also propose that all operations under this exemption be 

conducted with at least one of Soren’s parents or a caregiver accompanying him or her. In addition, I 

propose that Soren’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 June, 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. 

Thank you for your time and attention on this matter.

Sincerely,

Amy Rogers, Soren’s Mom