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

**Dumaresque** to be able to use an FAA Approved Child Restraint Sy stem even though **she** exceeds the weight limits for the CRS. In addition, if my petition is granted, Irequest that an y air carrier or commercial operator operating under part 121 while **Katie Dumaresque** is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2) (iii)(B) to the extent necessary to allow **Katie Dumaresque** to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint sy stem aboard an aircraft. I believe the pertinent section from 14 CFR part 121 from which we seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses. My **daughter** is **15** ye ar’s old, weighs **85** pounds, and is **4’3** ” inches tall. M y **daughter** ’s phy sical condition is as follows **Cerebral P alsy and Epilepsy** 

**.** As a result of **her** phy sical condition, **she** needs the support and securit y provided by an FAA Approved Child Restraint, but because of **her** 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 b y ensuring that they are securel y 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 b y being thrown into them during turb ulent or emergency conditions. I propose that **Katie Dumaresque** be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though **she** exceeds the manufacturer’s weight limits. This ensures a high level of safety for **Kat ie Dumaresque**  and a high level of safety for the other passengers and crew on the airplane. In fact, in **Katie** ’s case, safety is greatly enhanced by the extra support and securit y that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety

for **Katie Dumaresque** is in the public interest. In addition, the public interest is also served b y 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 Sy stem, **she** would be unable to fl y commerciall y. 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 i ntegrit y if used b y 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

sce nario 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 **Katie** only sits i n a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind **Katie Dumaresque** while **she** is using the CARES restraint. I also propose that all operations under this exemption be conducted w ith at least one of **Katie Dumaresque**  parents or a caregiver accompanying him or her. In addition, Ipropose that **Katie**

**Dumaresque** parent or caregiver must carry a copy of this exemption.

I also request that the processing of this petition not be delayed fo r publication and comment in the Federal Register. We want to travel to **Disney on Katie’s Wish trip with the Children’s Wish Foundation**  **of Canada as soon as possible** 

**.** 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 Res traint Sy stem on an aircraft, even though the child exceeds the weight limits for the CRS. Due to phy sical challenges, without the support and security of this FAA Approved Child Restraint Sy stem, this child would be unable to fl y. We request that this chi ld be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though **she** exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this child is greatl y enhanced by the extra support and securi ty that the FAA Approved Restraint S ys tem will provide for **her** during the flight.