To whom it may concern:

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

required for Andrea Capaldo to be able to use an FAA Approved Child Restraint 

System even though she exceeds the height 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 Andrea Capaldo is aboard its aircraft is granted an exemption 

from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Andrea Capaldo

to exceed the specified height 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 7 year’s old, weighs 42 pounds, and is 44 inches tall. My daughter’s

physical condition is as follows: infantile spasms (seizure disorder), very high tone, 

and unable to sit up on her own. As a result of her physical condition, she needs the 

support and security provided by an FAA Approved Child Restraint, but because of 

her height is incapable of compliance with the regulation. I am also submitting 

the following contact information: Brenda Hummel, 217 NE Circle Dr., 

Grimes, IA 50111, and b17hummel@yahoo.com

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 Andrea Capaldo be allowed to occupy an FAA Approved Child 

Restraint (CARES, manufactured by AmSafe, Inc.), even though she exceeds the 

manufacturer’s height limits. This ensures a high level of safety for Andrea and a 

high level of safety for the other passengers and crew on the airplane. In fact, in 

Andrea’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 Andrea 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 and under 40 inches. 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 limits of 44 pounds and 40 inches 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 Andrea only sits in a passenger seat with no passenger seated behind her. 

Therefore, no unsafe condition would exist for a passenger seated behind Andrea

while she is using the CARES restraint. I also propose that all operations under 

this exemption be conducted with at least one of Andrea parents or a caregiver 

accompanying him or her. In addition, I propose that Andrea’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 December 1-15, 2014. 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 height limits of 40 inches. 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.

Sincerely,

Brenda Hummel, Wish Mom

CC:

Joseph Roth

Wish Coordinator, Make-A-Wish® Iowa

jroth@iowa.wish.org