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 Paige Lee to be able to use an FAA Approved Child Restraint Sy stem even though s he exceeds the weight limits for the CRS. In addition, if m y petition is granted, I request that an y air carrier or commercial operator operating under part 121 while Paige Lee is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B ) to the extent necessary to allow Paige Lee 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 s eek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses. My daughter's phy sical condition is as follows : she has been diagnosed with Ty rosine Hydroxylase Deficiency

. She cannot speak, walk or sit unsupported and needs constant care an d attention. She is 9 y

rs
. old and 53 lbs. 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 she 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 cau se harm to other passengers on the airplane b y being thrown into them during turbulent or emergency conditions. I propose that Paige Lee be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though she exceeds th e manufacturer’s weight limits. This ensures a high level of safety for Paige Lee and a high level of safet y for the other passengers and crew on the airplane. In fact, in Paige Lee ’s case, safet y is greatly enhanced b y the extra support and securit y that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Paige Lee 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 Sy stem 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 petitio n, 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 us ed 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 seatba ck, 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 wouldmean th at 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 estab lish a limitation in a grant to this petition that Paige Lee onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Paige Lee while she is using the CARES restraint. I al so propose that all operations under this exemption be conducted with at least one of Paige Lee’s parents or a caregiver accompan yi ng him or her. In addition, Ipropose that Paige’s parent or caregiver must carry a cop y 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 3/26/12 through 3/31/12 . 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 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 oc cupy 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 security that the FAA App roved Restraint S ys tem will provide for her during the flight.