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

Gaynord 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 Timothy is aboard its aircraft is granted an 

exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Timothy 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 is 33 year’s old, weighs 85 pounds, and is 60 inches tall. My son’s physical condition is as 

follows Muscular Dystrpohy. 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 am also submitting the following contact information: Thomas& Lisa 

Gaynord 33 Forest Glen Dr, Scranton, PA 18504. momg79@comcast.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 (name) 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 (Timothy and a high level of safety for the other passengers and 

crew on the airplane. In fact, in Timothy’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 Timothy 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 Timothy only sits in a passenger 

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

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passenger seated behind Timothy while he is using the CARES restraint. I also propose that all 

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

accompanying him or her. In addition, I propose that Timothy’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 July 28, 2015. 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 consideration of this request.

Lisa Gaynord (mom)

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