Request to Use CARES for Timothy D. Rogers

Page 1 of 2 7/13/12

To Whom It May Concern,

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

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 Timothy Rogers is aboard its aircraft is granted an exemption from 14 CFR 

§ 121.311(b)(2)(iii)(B) to the extent necessary to allow Timothy Rogers 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’s physical condition is as follows: Timmy has cerebral palsy with a seizure disorder, is unable 

to speak or hold items in his hands. He primarily uses a wheelchair (with a chest harness) for 

positioning and mobility, since he cannot sit, stand or walk without maximum support. 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 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 Timothy Rogers 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 Timothy Rogers and a high level of safety for the other passengers and crew on the 

airplane. In fact, in Timothy Rogers’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 Timothy Rogers 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 respectfully request that the processing of this petition not be delayed for publication and comment in the 

Federal Register. We want to travel August 11-18, 2012. 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. I have only just seen 

that this kind of request could be made today, July 13, 2012, and am acting on it promptly, but I apologize 

if this leaves a short lead-time.

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 
Request to Use CARES for Timothy D. Rogers

Page 2 of 2 7/13/12

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 in this matter,

Jennifer Rogers

43 Flat Swamp Rd

Newtown, CT 06470

(203) 364-9844

jenrogers@charter.net