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 Samyak 

Jain 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 Samyak Jain is aboard its aircraft is granted an exemption 

from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Samyak Jain 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 7 year’s old, weighs 70 pounds, and is 51” inches tall. My son’s physical condition is as 

follows:

Samyak has a complex medical history including Lennox- Gastaut Syndrome with tonic seizures, 

epilepsy, cortical blindness, hypothyroidism, chorea, is G-tube dependent, history of pneumonia and 

respiratory failure. Extra care is required for Samyak as he is handicapped and has special needs. He 

can’t sit, walk, or speak. He doesn’t have any upper body control and that’s why lap belt is not 

enough for him to make sit. He needs harness to keep him straight.

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: 

Name : Brajesh Jain (Father of Samyak Jain)

Address : 1608 Hunnington place apartment # 7 Louisville KY 40220.

Email address : jain_brajesh@hotmail.com

Phone number : 502-240-9353

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 Samyak Jain 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 Samyak Jain and a high level of safety for the other passengers and 

crew on the airplane. In fact, in Samyak Jain’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 Samyak Jain 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 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 Samyak Jain only sits in a 

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

a passenger seated behind Samyak Jain while he is using the CARES restraint. I also propose that all 

operations under this exemption be conducted with at least one of Samyak Jain’s parents or a 

caregiver accompanying him. In addition, I propose that Samyak Jain’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 on Jan 31st 2015 to Mar 3rd 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 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.