**Request to U se CARES Child Restraint System** 

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Nicole M. Morales to be able to use an FAA Approved Child Restraint Sy stem even though **she** 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 Nicole M. Morales is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Nicole M. Morales to exceed the specified weight limit for an FAA

- approved child restraint s ys tem 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 seek relief is Sec tion 121.311 Seats, safet y belts, and shoulder harnesses.
My **daughter** is _ 13 __ y ear’s old, weighs _ 66 __ pounds, and is __ 58

__ inches tall. My **daughter** ’s ph ys ical condition is as follows : cerebral pals y with hy potonic movements , a recent scoliosis operation to insert metal prosthesis to straighten her spine, weak control of her upper body , and a g/j tube for feeding through her abdomen . 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 is incapable of compliance with the regulation. **I am also submitting the following contact information: Orlando Morales**  **, 346 Alfredo Galvez St., Borinquen Gardens, San Juan, P.R. 00926**  **and om.morales57@gmail.com** 

**.** I understand that the regulation is written to create a high level of safet y for each individual passenger b y ensuring that they are securely restrained in their seats during all phases of flight. The regulation also ensures th at an individual does not cause harm to other passengers on the airplane b y being thrown into them during turbulent or emergency

conditions. I propose that Nicole M. Morales be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSaf e, Inc.), even though **she** exceeds the manufacturer’s weight limits. This ensures a high level of safety for Nicole M. Morales and a high level of safet y for the other passengers and crew on the airplane. In fact, in Nicole M. Morales’ case, safet y is great ly enhanced by

the extra support and securit y that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Nicole M. Morales 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 securit y of the FAA Approved Child Restraint Sy stem, **she** would be unable to fl y commercially.

I also believe that, with certain limi tations established by the FAA in a grant to this petition, there can be an equivalent level of safety to that provided by the affectedregulation. The CARES restraint has been certified by the manufacturer for use by children 22

- 44 pounds. However, the c omponents 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 quickl y 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 (becaus e the seatback moving forward more quickl y 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 b y the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that Nicole M. Morales onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Nicole M. Morales while **she** is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Nicole M. Morales’ parents or a caregiver accompan yi ng him or her. In addition, I propose that Nicol e M. Morales’ 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 during the month of July or when she is release d from Hospital . 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 phy sical challenges, without the support and securit y of this FAA Approved Child Restraint Sy stem, 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 safet y of this child is greatl y enhanced b y the extra support and security that the FAA Approved Res traint Sy stem will provide for **her** during the flight. Thank you for your consideration of this request.
At your service,

O rlando Morales Father of Nicole M. Morales