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 Joseph Shirtcliff 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 

Joseph Shirtcliff is aboard its aircraft is granted an exemption from 14 

CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Joseph 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 7 years old, weighs 45 pounds, and is 44 inches tall. My 

son’s physical condition is as follows: 1p36 Chromosome Deletion 

Syndrome and cerebral palsy. 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 Joseph Shirtcliff 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 Joseph Shirtcliff and a high level of safety for the 

other passengers and crew on the airplane. In fact, in Joseph 

Shirtcliff’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 Joseph Shirtcliff 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 Joseph Shirtcliff only sits in a passenger 

seat with no passenger seated behind her. Therefore, no unsafe 

condition would exist for a passenger seated behind Joseph while he 

is using the CARES restraint. I also propose that all operations under 

this exemption be conducted with at least one of Joseph’s parents or 

a caregiver accompanying him or her. In addition, I propose that 

Joseph’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 26 through August 5th, 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 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.