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 Berger to be able to use an FAA Approved Child Restraint 

System even though he exceeds the weight limits for the CRS. In addition, if my 

petition is granted, I request that 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 necessary to allow 

Benjamin Berger to exceed the specified weight limit for an FAA-approved child 

restraint system during use of that 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 14 year's old, weighs 65 pounds, and is 53 inches tall. My son'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 of his weight is incapable of compliance 

with the regulation. I am also submitting the following contact information: 

Edward Berger (father), 2 Forest Hills Blvd. Rensselaer NY 12144 and email 

address DrEBerg@aol.com 

I understand that the regulation is written to create a high level of safety for each 

individual passenger by ensuring that they are securely 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 by being thrown into them 

during turbulent or emergency 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 of safety for Benjamin 

Berger and a high level of safety for the other passengers and crew on the 

airplane. In fact, in Ben's case, safety is greatly enhanced by the extra support 

and security that the FAA Approved Restraint System will provide during the 

entire flight. 

Enhancing safety for Ben 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 System 

allows him to use commercial air transportation. Without the support and security 

of the FAA Approved Child Restraint System, he would be unable to fly 

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 safety 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 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 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 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 safety as that provided by the affected 

regulation, I propose that the FAA establish a limitation in a grant to this petition 

that Ben only sits in a passenger seat with no passenger seated behind her. 

Therefore, no unsafe condition would exist for a passenger seated behind Ben 

while he is using the CARES restraint. I also propose that 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 propose that Ben's 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 this summer of 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 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 physical 

challenges, without the support and security of this FAA Approved Child 

Restraint System, 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 he exceeds the manufacturer's weight limits of 44 

pounds. In this case, the safety of this child is greatly enhanced by the extra 

support and security that the FAA Approved Restraint System will provide for him 

during the flight. 

Thank you, 

Edward Berger 

April 22, 2013