### Request to Use CA**RES for Larger/Older Persons**

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for **Mark Radliff** to be able to use an FAA Approved Child Restraint System even though he exceeds the weight limits for the CR S. In addition, if my petition is granted, I request that any air carrier or commercial operator operating under part 121 while **Mark Radliff** is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow **Mark Radliff** 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 Se ats, safety belts, and shoulder harnesses.

My **father** is **63** year’s old, weighs **190** pounds, and is **5 foot 11** inches tall. My **father ’s**  physical condition is as follow: **he was diagnosed with Guillain**
**- Barre Syndrome, an**  **ascending paralysis condition that can af fect anyone at anytime, and subsequently**  **can not move his arms and legs at this time; as well as very limited trunk muscle capability, though he is otherwise is in fairly good health and has been given the ‘ok’**  **to travel commercially by his doctors. This w ill be a single**  **- time use, as my sister and I**  **are teaming up with my father to relocate him closer to us as his life**
**- situation has**  **altered so greatly for some time yet to come.** As a result of **his** physical condition, **he** needs the support and security provide d 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 re strained 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 **Mark Radliff** be a llowed 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 **my father, Mark Radliff** and a high level of safety for the other passen gers and crew on the airplane. In fact, in **Mar k Radliff’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 **Mar k Radliff**  is in the public in terest. 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. Wi thout the support and security of the FAA Approved

Child Restraint System, **he** wo uld 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 poun ds.

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 restrai nt).

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 **Mark Radliff** only sits in a passenger seat with no passenger seated behind he r. Therefore, no unsafe condition would exist for a passenger seated behind **Mark Radliff** while **he** is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of **Mark Radliff’s** caregiver accompanying him or her **(w hich as his daughter**  **and caregiver I, Cassandra Radliff, will be)** . In addition, I propose that **Mark Radliff’s** 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 **Friday, October, 26 th**  **, 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. 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 an adult to use an FAA Approved Child Restraint System on an aircraft, even though the adult exceeds the weight limits for the CRS. Due to physical challenges, without the support and security of this FAA Approved Child Restraint System, this adult would be unable to fly. W e request that this adult be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured byAmSafe , Inc.), even though he exceeds the manufacturer’s weight limits of 44 pounds. In this

case, the safety of this adult and parent is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide for him during the fl ight.