July

6, 2013
Dear FAA:
I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Marco M. Cohen 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, I request that any air carrier or commercial operator operating under part 121 while Marco Cohen is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii) (B) to the extent necessary to allow Marco to exceed the specified weight limit for an FAA

- approved child restraint sy stem 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 son is 8 year’s old, weighs 51 pounds, and is 46 inches tall. My son ’s phy sical condition is as follows : He is non

- ambulatory , non - verbal, developmentall y disabled and legall y bl ind. As a result of his phy sical condition, he needs the support and securit y provided by 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:
**Linda Larach and Rolando Cohen 28 East 22**  **nd Street, Apt 6**  **New York, NY 10010 email of mom (Linda Larach Cohen):**  **linda@colanyc.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 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 turbulent or emergency conditions. I propos e that Marco Cohen be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Marco and a high level of safety for the other passengers and crew on the airplane. In fact, in Marco ’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 sa fety

for Marco 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 Sy stem allows him to use commercial air transportation. Without the support and security of the FAA Appr oved Child Restraint Sy stem, he 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 safet y to that provided by the affected regulation. T he CARESrestraint 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 integrit y if used b y someon e 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 safet y as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that Marco onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Marco while he is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Marco’s parents o r a caregiver accompan yi ng him or her. In addition, I propose that Marco’s parent or caregiver must carry a cop y of this exemption.
I also would like to inform you that Marco will be traveling First Class in case this eliminates the need for the limitation mentioned in the above paragraph.
I also request that the processing of this petition not be delay ed for publication and comment in the Federal Register. We want to travel Sunday , August 25 th , 2013 returning S aturday , August 31 st , 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 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 App roved 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 very

much for your consideration to our request, Sincerel y, Linda Larach Cohen (Marco Cohen’s mom)