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 Sarah Pulaski 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 

(name) is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow (name) 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 6 year’s old, weighs 54 pounds, and is 41 inches tall. My daughter’s 

physical condition is as follows: cerebral palsy with seizure disorder. 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: Jordan Pulaski, 

18304 Leedstown Way, Olney, MD 20832, pulaski73@hotmail.com.

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 Sarah Pulaski 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 Sarah Pulaski and a high level of 

safety for the other passengers and crew on the airplane. In fact, in Sarah’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 Sarah 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 

Sarah only sits in a passenger seat with no passenger seated behind her. Therefore, no 

unsafe condition would exist for a passenger seated behind Sarah while she is using 

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

conducted with at least one of Sarah’s parents or a caregiver accompanying him or her. 

In addition, I propose that Sarah’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 between September 19 and 

September 21, 2013. 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.

Jordan T. Pulaski

pulaski73@hotmail.com