**Request to Use CARES for Larger/Older Persons**

Frontier Airlines is writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Frontier Airlines to be able to use an FAA Approved Child Restraint Sy stem even though the passenger with a disability exceeds the weight limits for the CRS. In addition, if our petition is granted, we request that Frontier Airlines operating under part 121 while the passenger with a disability is aboard our aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow the passenger with a disability to exceed the specified weight limit for an FAA

- approved child restraint sy stem during use of that child restraint s ys tem aboard an aircraft.

We believe the pertinent se ction from 14 CFR part 121 from which we seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses.

Our passenger with a disability would be ; 72 or less inches tall , secured b y the internal strap ( 60” circumference ) of the restraint sy stem with the aircraft seatbelt the primary means of securing the passenger with a disability to the aircraft seat. Our passenger with a disability would provide a medical certificate stating the Special Needs CARE harness would provide h im/her with adequate support in an upright position for airline travel. Our passenger with a disability phy sical challenge would be that she/he is unable to sit upright during taxi, take

- off and landing. As a result of her/his physical condition, she/he needs the support and security provided b y an FAA Approved Child Restraint

.

We 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.

We propose that Frontier Airlines be allowed to provide an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though the passenger with a disability exceeds the manufacturer’s weight limits. This ensures a high level of safety for the passenger with a disability and a high level of safet y for the other passengers and cre w on the airplane. In fact, in the passenger with a disability ’s case, safet y is greatly enhanced by

the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight.

Enhancing safety

for the passenger with a disa bility 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 the passenger with a disability to use commercial air transportation. Without the support and securit y of the FAA Approved Child Restraint Sy stem, she/he would be unable to fl y commerciall y.

We 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 weighed several hundred pounds.We propose that all operations under this exemption be conducted with a safet y assistant

traveling with the passenger with a disability seated in an adjacent seat

. In addition, we propose that ( Frontier Airlines ) would maintain a cop y of this exemption.

We propose this petition be initially approved for five y ears. We also request that the processing of this petition not be delay ed for publication and comment in the Federal Regist er. We want to provide travel for passengers with a disability by April 15, 2013. If y ou take the time to put this in the Federal Register, it will delay the process and we wish to accommodate passengers with a disability as soon as possible.

If it is necessary

to put a summary

in the Federal Register, we submit the following:

This is a request for an exemption from FAR 121.311 (b) to the extent required for a passenger with a disability to use an FAA Approved Child Restraint Sy stem on an aircraft, even though the passenger with a disability 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 passenger with a disability would be unable to fl y. We request that this passenger with a disability be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though she/he exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this passenger with a disab ility is greatly enhanced by

the extra support and security that the FAA Approved Restraint Sy stem will provide for her/him during the flight.