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 Amelia Sellman 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 Amelia 

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

allow Amelia Sellman 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 11 year’s old, weighs 67 pounds, and is 60 inches tall. My daugther’s physical condition is as follows: 

Spastic Quadriplegic, Cerebral Palsy, Cystic PVL, and lung disease. 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 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 Amelia Sellman 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 

Amelia Sellman and a high level of safety for the other passengers and crew on the airplane. In fact, in Amelia 

Sellman’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 Amelia Sellman 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 Amelia Sellman only sits in a passenger seat with no passenger 
seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Amelia Sellman while 

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

one of Amelia Sellman’s parents or a caregiver accompanying her. In addition, I propose that Amelia Sellman’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 from Nov. 25, 2012 (11/25/2012)  Dec. 2, 2012 (12/2/12). 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.