### Request to Use CA **RES for Larger/Older Persons**

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for **Harry A. Shiff** to be able to use an FAA Approved Child Restraint System even though **h e**  exceeds the weight limits 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 **Harry** is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow **Harry A. Shiff** 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 relief is Section 121.311 Seats, safety belts, and shoulder harnesses. My son’s p hysical condition is as follows: He is mentally and physically handicapped and is unable to walk. As of 4
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- 2012 he is 6 years old and weighs 50 pounds. As a result of his physical condition, he needs the support and security provided 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 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 t urbulent or emergency conditions. I propose that Harr y A. Shiff be allowed to occupy an FAA Approved Child Restraint (CARES, ma nufactured by AmSafe Corporation), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for him and a high level of safety for the other passengers and crew on the airplane. In fact, in Harry '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 Harr y A. Shiff 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 a llows 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 commercially. I also believe that, with certain limitations established by the FAA in a grant to this pe tition, 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 tho se 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 s eatback, the seatback would move forward more quickly in an accident scenario and this mi ght cause a higher HIC load for the person seated in the seat behind the passenger using the CARESrestraint (because the seatback moving forward more quickly would me an 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 Harry only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Harry while he is using the CARES restraint. I also pr opose that all operations under this exemption be conducted with at least one of Harry’s parents or a caregiver accompanying him or her. In addition, I propose that Harry’s parent or caregiver must carry a copy of this exemption. I also request that the p rocessing of this petition not be delayed for publication and comment in the Federal Register. W e want to travel May 31
- June 30, 2012 . If y ou take the time to put this in the Federal Register, it will delay the process and we may not be able to travel in t his 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, e ven 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. W e request that this child be allowed to occupy an FAA Approved Child Restraint (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 Restrain t System will provide for **him** during the flight.

Thank you, Anne W, Shiff (mother of Harry A. Shiff) 1/31/2012 Phone (520) 631
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