4-10-2014 

Docket Number: FAA-2012-0763 

Letter – Request to Use CARES for Larger/Older Persons: 

Request to Use CARES for Larger/Older Persons 

 

I am writing to request an extension for the exemption from 14 CFR § 121.311(b) to the extent required for Stephen Czerniejewski to be able to 

use an FAA Approved Child Restraint System (CRS) 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 Stephen Czerniejewski is aboard its aircraft is granted an 

exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Stephen Czerniejewski 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, Stephen Czerniejewski, has a physical condition is as follows – Cerebral Palsy with unstable upper trunk. He is 17 years old and is 65 

inches tall and weighs 70 lbs. 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 & height he 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 Stephen Czerniejewski be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by Am Safe, Inc.), even 

though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Stephen Czerniejewski and a high level of safety for 

the other passengers and crew on the airplane. In fact, in Stephen’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 Stephen Czerniejewski 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 Stephen Czerniejewski only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe 

condition would exist for a passenger seated behind Stephen while he is using the CARES restraint. I also propose that all operations under this 

exemption be conducted with at least one of Stephen’s parents or a caregiver accompanying him or her. In addition, I propose that Stephen’s 

parent or caregiver must carry a copy of this exemption. 

 

While we have no current flight plans, we are planning a trip for this fall/winter to New York. My sister originally made this request for me and 

she received a postcard requiring us to submit this request for extension before the exemption expires on July 31, 2014. Please consider this 

letter our official request for that extension. 

Thank you in advance for consideration of this exemption for our future flight travel plans. 

Greg Czerniejewski 

H: 919-401-4994 

W: 919-325-3500 X53537 

C: 919-225-7972