Edward Berger 2 Forest Hills Blvd Rensselaer NY 12144

!am writing to request an exemption from 14 CFR 

### § 121.311(b)to the extent required for Benjamin Bergerto be able to use an FAAApproved Child Restraint System even though he exceedsthe weight limits for the CRS. In addition, if my petition is granted, I requestthat any air carrier or commercial operator operating under part 121 while Benjamin Berger is aboard its aircraft is granted an exemption from 14 CFR 

### § 121.311(b)(2)(iii)(B) to the extent necessaryto allow Benjamin Bergerto exceed the specified weight limitfor an FAA-approved child restraint system during use ofthat 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 is 14year's old, weighs 65 pounds, and is 53 inches tall. Myson's physical condition is as follows: severe quadriplegic cerebral palsy. As a result of his physical condition, he needs the support and security provided by an FAA Approved Child Restraint, but because ofhis weight is incapable ofcompliance with the regulation. I am also submitting the following contact information: EdwardBerger(father), 2 Forest Hills Blvd. Rensselaer NY 12144 andemail address DrEBerg@aol.com

I understand thatthe regulation is written to create a high level ofsafety for each individual passenger by ensuring thatthey are securely restrained in their seats during all phases offlight. The regulation also ensures that an individual does not cause harm to other passengers on the airplane by being thrown into them during turbulent oremergency conditions.I propose that Benjamin Berger 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 ofsafety for Benjamin Berger and a high level ofsafety forthe other passengers and crew on the airplane. In fact, in Ben's case, safety is greatly enhanced bythe extra support and securitythatthe FAAApproved Restraint System will provide during the entire flight.

Enhancing safetyfor Ben is in the public interest. In addition, the public interest is also served by the factthatthe use ofthis FAAApproved Child Restraint System allows him to use commercial airtransportation. Withoutthe support and security ofthe FAAApproved Child Restraint System, he would be unable to fly commercially.

Ialso believethat, with certain limitations established by the FAA in a grantto this petition, there can be an equivalent level ofsafetyto 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 ofthe CARES restraint are the same as those used in restraints for adults on aircraft and would maintain their integrity ifused by someone who weighed several hundred pounds.

I believe thatthe limit of44 pounds was established because, with the additional weight ofthe 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 (becausethe seatback moving forward more quicklywould mean that it would not be there to attenuatethe energyfrom the impact ofthe person seated behind the person using the CARES restraint).

In orderto achieve an equivalent level ofsafety as that provided by the affected regulation, I propose that the FAA establish a limitation in a grantto this petition that Ben only sits in a passenger seatwith no passenger seated behind her. Therefore, no unsafe condition would existfor a passenger seated behind Ben while he is using the CARES restraint. I also proposethat all operations under this exemption be conducted with at least one of Ben's parents or a caregiver accompanying him or her. In addition, I proposethat Ben's parent orcaregiver must carry a copy ofthis exemption.

Ialso request that the processing ofthis petition not be delayed for publication and comment in the Federal Register. We wantto travel this summer of2013. Ifyou take the time to put this in the Federal Register, it will delaythe process and we may not be able to travel in this timeframe.

If it is necessaryto put a summary in the Federal Register, Isubmitthe following:

This is a request for an exemption from FAR 121.311 (b) to the extent required for a child to use an FAAApproved Child Restraint System on an aircraft, even though the child exceeds the weight limits forthe CRS. Due to physical challenges, without the support and security ofthis FAAApproved Child Restraint System, this child would be unable to fly. We request thatthis child be allowed to occupy an FAAApproved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer's weight limits of44 pounds. In this case, the safety ofthis child is greatly enhanced by the extra support and securitythatthe FAAApproved Restraint System will provide for him during the flight.

Thank you,

Edward Berger

April 22, 2013