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

Ashelee Ryan to be able to use an FAA Approved Child Restraint System even though she

exceeds the weight limits for the CRS. In addition, if my petition is granted, I request that any

air carrier or commercial operator operating under part 121 while Ashelee Ryan is aboard its

aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary

to allow Ashelee Ryan 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 Seats, safety belts, and shoulder harnesses.

My daughter’s physical condition is as follows: She has cerebral palsy and is confined to a

wheelchair, and she is 64lbs and 4ft tall. As a result of her physical condition, she needs the

support and security 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 by ensuring that they are securely 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 Ashelee Ryan be allowed to occupy an FAA Approved Child Restraint (CARES,

manufactured by AmSafe Corporation), even though she exceeds the manufacturer’s weight

limits. This ensures a high level of safety for Ashelee Ryan and a high level of safety for the

other passengers and crew on the airplane. In fact, in Ashelee Ryan'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 Ashelee Ryan is in the public interest. In addition, the public interest is

also served by 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 System, she would 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

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 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 Ashelee Ryan only sits
in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would

exist for a passenger seated behind Ashelee Ryan while she is using the CARES restraint. I

also propose that all operations under this exemption be conducted with at least one of Ashelee

Ryan’s parents or a caregiver accompanying her. In addition, I propose that Ashelee Ryan’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 Federal Register. We want to travel June 26-July 3, 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 exceeds

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. We request that

this child 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 safety of this child is greatly enhanced by the extra support and security that the FAA

Approved Restraint System will provide for her during the flight.