**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 **Mich ael Alvarez**  to be able to use an FAA Approved Child Restraint Sy stem even though **he** 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 **Michael Alvarez** is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)( iii)(B) to the extent necessary to allow **Michael Alvarez** to exceed the specified weight limit for an FAA

- approved child restraint sy stem during use of that child restraint s ys tem 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 **son** is

__ 1 **5**

___ ye ar’s old, weighs

_ **70**

____ pounds, and is **58** inches tall. My **son ’s**  phy sical condition is as follows **he is unable to**  **sit up on his own** . As a result of **his** phy sical condition, **he** needs the support and securit y provided b y 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:**  **Sandra Cuevas ,**  **2065 Grand Concourse, Apt. 506, Bronx, NY 10453**  **and sandracuevas10@gmail.com.**  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 phas es 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 turbulent or emergency conditions. I propose that **Michael Alvarez** be allowed to occupy an FAA Approved Chi ld Restraint (CARES, manufactured by AmSafe, Inc.), even though **he** exceeds the manufacturer’s weight limits. This ensures a high level of safety for **Michael Alvarez** and a high level of safet y for the other passengers and crew on the airplane. In fact, in **M ichael Alvarez**  ’s case, safet y is greatly enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for **Michael Alvarez** is in the public interest. In addition, the public intere st is also served b y the fact that the use of this FAA Approved Child Restraint Sy stem allows **him** to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, **he** would be unable to fl y commerciall y. I a lso 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 chi ldren 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 integrit 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 scenario and this might cause a higher HIC load for the person seated in the seat behind thepassenge r 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 safet y as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that **Michael Alvarez** only sits in a passenger seat with no passenger seated behind **h im**  . Therefore, no unsafe condition w ould exist for a passenger seated behind **Michael Alvarez** while **he** is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of **Michael Alvarez’s** parents or a caregiver accompanying him or her. In addition, Ipropose that **Mich ael Alvarez**  **’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 F ederal Register. We want to travel **November 26, 2013 to December 2, 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 Fed eral 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 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 securit y of this FAA Approved Child Restraint Sy stem, this child would be unable to fl y. 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 safet y of this child is greatl y enhanced by the extra support and security that the FAA Approved Restraint S ys tem will provide for **him** during the flight. Thank you for your consideration of this request.