November 1, 2013

Mr. David McGlohon

Parent of David McGlohon, Jr.

1509 West Haven Boulevard

Rocky Mount, NC 27803

Dear Mr. McGlohon:

This letter is to inform you that we are unable to process your request for an exemption from 

§ 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). It explains why 

we can not process your request and what you should do in the next 30 days.

Why We Can Not Process Your Request

We entered your September 26, 2013 exemption request into the public docket (No. FAA2013-0856), but we are unable to process your request any further. The information you sent 

does not comply with the requirements of § 11.81 (copy enclosed). For us to consider the 

request any further, please visit http://kidsflysafe.com/instructions/cares-for-special-needsflyers/ and scroll down until you see "Template Letter – Request to Use CARES for 

Larger/Older Persons". Cut and paste that information into a letter, fill in all of the necessary 

blanks and bold items. When complete, resubmit that letter just as you did the first time, but 

to what is now your own docket number (FAA-2013-0856). [At the home of Federal Docket 

Management System (FDMS) website (www.regulations.gov), type that number in the search 

field.]

Once the FAA receives your request, processing the petition (technical analysis, a decision 

regarding a grant or denial of the petition and transmitting the grant or denial to you) typically 

takes about 45-60 days. When the FAA grants this type of exemption, it is usually effective 

for five years. However, we noticed that you may wish to take your first flight before we are 

able to completely process your petition for exemption. We wanted to give you some 

information and options so you can make informed choices regarding your travel. 

 

If a child exceeds the weight limit or the height limit for CARES, FAA regulations prohibit 

the use of CARES during taxi, takeoff and landing on U.S. aircraft. However, even if a child 

exceeds 44 pounds or 40 inches, he or she can use CARES anytime except for taxi, takeoff 

and landing (which means there is no regulation that prohibits use of CARES during cruise 

flight) without getting an exemption from the regulations.
2

You may also wish to think about using an FAA Approved CRS that can accommodate a 

larger child. Air carriers are required to allow the use of approved CRS if a child is within the 

approved weight and height requirements and a ticket has been purchased for the child. The 

FAA does not recommend any particular CRS....but here are some websites where you can 

find CRSs (approved for use in automobiles and aircraft) that can be used with children up to 

150 pounds and five feet tall. The FAA considers anyone who has not reached their 18th 

birthday to be a child for the purpose of our regulations regarding CRSs; therefore, a child 

could use a CRS that accommodates their weight and height on any US airline until they turn 

18 years of age.

What You Should Do

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. We will consider the docket on your request open until we 

receive this required information from you. Please note that § 11.63(d) requires you to send 

your petition for exemption at least 120 days before the proposed effective date of the 

exemption.

If We Do Not Hear From You

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677.

Sincerely,

/s/

Brenda D. Courtney

Manager, Airmen and 

 Airspace Rules Division

Enclosure