I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Erica Bennett 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 Erica Bennett is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the 

extent necessary to allow Erica Bennett 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 7 year’s old, weighs 38 pounds, and is 42 inches tall. My daughter’s physical condition is as 

follows: Dandy Walker Variant Syndrome, Cerebral Palsy, Failure to Thrive, Low Tone, Scoliosis, Periventricular 

Leukomalacia, and Tracheostomy. As a result of her physical condition, she needs the support and security 

provided by an FAA Approved Child Restraint, but because of her height is incapable of compliance with the 

regulation. I am also submitting the following contact information: Donna Crowder, 604 Leonard Rd., 

Lagrange, Ga. 30241, dcrowder22@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 Erica Bennett 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 

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

Bennett’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 Erica Bennett 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 Erica Bennett only sits in a passenger seat with no 

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

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

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

propose that Erica Bennett’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 on May 28, 2015and return travel on June 1, 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 she exceeds the manufacturer’s height limit of 40 inches. 

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.