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 Suchir Kumar 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 Suchir Kumar is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow Sushir Kumar 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 11 year’s old, weighs 58 pounds, and is 46 inches tall. My son’s physical condition is as follows: 

Cerebral Palsy, Seizure Disorder, Spastic-Quadriplegic. 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 am also submitting the following contact

information: Ashok Kumar (dad), 555 West 53rd Street, #945, New York, NY 10019, cell phone 646-

853-7094.

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 Suchir Kumar 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 Suchir Kumar and a high level of safety for the other passengers and crew on the 

airplane. In fact, in Suchir’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 Suchir 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 Suchir 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 Suchir Kumar only sits in a passenger seat 

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

behind Suchir while he is using the CARES restraint. I also propose that all operations under this 

exemption be conducted with at least one of Suchir’s parents or a caregiver accompanying him. In 

addition, I propose that Suchir’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 11-17, 2014 as part of Suchir’s Make-A-Wish sponsored trip. 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.

Thank you for your consideration of this request.

Kelly McCabe

Associate, Wish Granting

Make-A-Wish Metro New York & Western New York

1111 Marcus Avenue, Suite LL22

Lake Success, NY 11042

Tel: 516-944-6212 ext. 121

Fax: 516-944-6441