Dear Sir or Madam:

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Andrew Ricci (Andrew) to be able to use an FAA Approved Child Restraint System even though he exceeds the weight lim its for the CRS. In addition, if m y petition is granted, I request that any air carrier or commercial operator operating under part 121 while Andrew is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) t o the extent necessary to allow Andrew to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint system aboard an aircraft. I believe the pertinent section from 14 CFR part 121 from which we seek rel ief is Section 121.311 Seats, safety belts, and shoulder harnesses.

My son is six years old, weighs 47 pounds, and is 47 inches tall. My son’s physical condition is cerebral pals y . As a result of his physical condition, he needs the support and security pr ovided 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 secur ely 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 Andrew be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by Am Safe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Andrew and a high level of safety for the other passengers and crew on the airplane. In fact, in Andrew ’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 Andrew is in the public interest. In addition, the pub lic interest is also served by the fact that the use of this FAA Approved Child Restraint System allows him to use commercial air transportation. W ithout the support and security of the FAA Approved Child Restraint System, he would be unable to fly commerc ially.
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 limi t 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 thismi ght cause a higher HIC load for the person seated in the seat behind t he 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). If necessary , I also propose that the FAA establish a limitation in a grant to this petition that Andrew only sits in a passenger seat with no passenger seated behind him. If this exemption is granted I also propose that Andrew’s parent or caregiver must carry a copy of this exemption. I also propose that all operations under this exemption be conducted with at least one of Andrew’s parents or a caregiver accompanying him

.
I also request that the processing of this petition not b e delayed for publication and comment in the Federal Register. W e want to travel between November 16 and 19, 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 a child to use an FAA Approved Child Restraint System on an aircraft, even though the child e xceeds 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. W e request that this child be allowed to occupy an FAA Approved Child Restrai nt (CARES, manufactured by AmSafe, Inc.), even though he exceeds the
ma nufacturer’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.