**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 Jonathon Hensley 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 Jonathon is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Jonathon 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 ___ 11 __ y ear’s old, weighs __ 51 ___ pounds, and is ___42

___ inches tall. My **son** ’s phy sical condition is as follows ( **Cerebral Palsy**). As a result of **his** phy sical condition, **he** n eeds 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 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 conditi ons. I propose that Jonathon Hensley be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though ( **he** ) exceeds the manufacturer’s weight limits. This ensures a high level of safety for Jonathon and a high level of safet y for the other passengers and crew on the airplane. In fact, in Jo nathon ’s case, safety is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Jonathon 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 **him** to use commercial air transportation. Without the support and security of the FAA Approved Child Res traint Sy stem, ( **he** ) would be unable to fl y 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 safet y 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 integrit y if used b y someone who wei ghed 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 HI C load for the person seated in the seat behind the passenger using the CARES restraint (because the seatback moving forward more quickly wouldmean that it would not be there to attenuate the energy from the impact of the person seated behind the perso n 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 Jo nathon only sits in a passenger seat with no passe nger seated behind him. Therefore, no unsafe condition would exist for a passenger seated behind Jonathon while ( **he**) is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Jonathon **’s** parents or a caregiver accompan yi ng him or her. In addition, I propose that (**Jonathon ’s**  ) parent or caregiver must carry

a copy of this exemption.
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 January 3

- 9, 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 followi ng: 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 th e 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 manufac turer’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.