Hi, I’m working for Children’s wish Foundation and one of our wish child wants to go to Walt

Disney with his family . We had to book the flights earl y and we book them without buying SPECIAL CARES for Gabriel who has a cerebral paral ys is. Please consider this request urgent, has the flights are already booked. They are travelli ng on November 19th 2012 with AIR CANADA ( flights AC8681T and AC944T) and get back on November 26 th 2012 (flights AC945W and AC8688W). So below it’s the cop y letter for FAA exemption. Thank you

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for **Gabriel Duchesne** 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 an y air carrier or commercial operator operating under part 121 while **Gabriel Duchesne** is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow **Gabriel Duchesne** to exceed the specif ied weight limit for an FAA

- approved child restraint s ys tem 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 **9** ye ar’s old, weighs **52** pounds, and is **45** inches tall. My **son** ’s phy sical condition is as follows **is degenerative neurological disorders, cerebral paralysis, epilepsy.** As a result of **his** phy sical condition
, **he** needs the support and security provided b y 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
passenge r 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 condi tions. I propose that **Gabriel Duchesne** be allowed to occup y 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 **Gabriel Duchesne** and a high level of safety for the other passengers and crew on the airplane. In fact, in **Gabriel Duchesne** ’s case, safet y is greatly enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing sa fety

for **Gabriel Duchesne** 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 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 re gulation. 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 use d 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 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 wouldmean 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 **Gabriel Duchesne** only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Gabriel Duchesne while **he** is using the CARES restraint. I also propose that all operations under this exemption be conducted with a t least one of **Gabriel Duchesne ’s**  parents or a caregiver accompanying him or her. In addition, Ipropose that **Gabriel Duchesne ’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. **The travel dates are November 19**  **th 2012 to November 26** **th 2012.**  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 i s 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 exc eeds 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 fl y. We request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y 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 securit y that the FAA Approved Restraint S ys tem will provide **him** during the flight.