Letter – Request to Use CARES for Larger/Older Persons:

Request to Use CARES for Larger/Older Persons

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

Daniel Hasselberger 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 Daniel Hasselberger is 

aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent 

necessary to allow Daniel Hasselberger to exceed the specified weight limit for an FAAapproved 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 15 year’s old, weighs 73 pounds, and is 57 inches tall. My son’s physical condition 

is as follows he was born with a condition called Polymicrogyria, which is a brain deformity. 

Daniel can not walk, talk, or eat on his own. He requires use of a wheel chair. He is feeding 

tube fed, and has a history of orthopedic surgeries and respiratory problems. 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: Julie and John Hasselberger,

35 Bennetts Bridge Road, Sandy Hook, CT 06482 203 426-8674 

jhasselberger@snet.net

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 Daniel Hasselberger 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 Daniel Hasselberger and a high level of 

safety for the other passengers and crew on the airplane. In fact, in Daniel’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 Daniel Hasselberger 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 Daniel Hasselberger 

only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe 

condition would exist for a passenger seated behind Daniel Hasselberger while he is using 

the CARES restraint. I also propose that all operations under this exemption be conducted 

with at least one of Daniel Hasselberger’s parents or a caregiver accompanying him or her. 

In addition, I propose that Daniel Hasselberger’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 to Naples, Florida on June 25, 2013. 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.

Julie and John Hasselberger, parents