February 25, 2015

RE: Request to Use CARES Child Restraint System for Larger/Older Person

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Abby BROCKMAN 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 

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

necessary to allow Abby BROCKMAN 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 10 year’s old, weighs 54 pounds, and is 42 inches tall. My daughter’s physical condition is as follows:

She was born with a brain injury. As a result she is quadriplegic and requires a body brace for support. 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: Pauline and Richard BROCKMAN (parents), 290 Talbot Street South, Essex, Ontario, N8M 1C1

and pbrockman@kilner.ca

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 Abby BROCKMAN 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 

Abby and a high level of safety for the other passengers and crew on the airplane. In fact, in Abby’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 Abby BROCKMAN 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 Abby BROCKMAN only sits in a passenger seat with no passenger 

seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Abby while she is using 

the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Abby 

BROCKMAN’s parents accompanying her. In addition, I propose that one of Abby BROCMAN’s parents 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 April 27, 2015 and May 2, 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 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.

Respectfully,

Pauline Brockman