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 ELEANOR K. GRZESIAK 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 ELEANOR K. GRZESIAK is aboard its 

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

necessary to allow ELEANOR K. GRZESIAK 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 5 year’s old, weighs 45 pounds, and is 46 inches tall. 

My daughter's physical condition is as follows: Laudau Kleffner Syndrome, a 

rare form of childhood epilepsy which can also result in hyperactivity and autism 

spectrum-like behaviors. As a result of her neurological 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: Marie-Helene B. Grzesiak & 

Joseph Grzesiak (parents), 8101 Duluth Street, Golden Valley MN 55427 and 

mhboyer@gmail.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 ELEANOR 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 ELEANOR 

and a high level of safety for the other passengers and crew on the airplane. In 

fact, in Eleanor’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 Eleanor 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 safely.

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 ELEANOR only sits in a passenger seat with no passenger seated behind 

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

ELEANOR while she is using the CARES restraint. I also propose that all 

operations under this exemption be conducted with at least one of ELEANOR 

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

ELEANOR'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 November 2014. 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.

Marie-Helene B. Grzesiak