Request to Use CARES Child Restraint System for Larger/Older Persons

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for J e nnah
Rashid to be able to use an FAA Approved Child Restraint System even though she barely 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 Jennah is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow
Jennah Rashid 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 daughter is __ 7 ___ year’s old, weighs __ 50 ___ pounds, and is __ 44

____ inches tall. My daughter ’s physical condition is as follows : quad

- spastic cerebral palsy, epilepsy, g

- tube dependent, and blind . As a result of her physical condition, she needs the support and securi ty 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: Sariya Rashid, 27540 SE 30 th St, Sammamish, WA 98075 and sariya_rashid@hotmail.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 Jennah Rashid be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits. This ensures a high level of safety for Jennah and a high level of safety for the other passengers and crew on the airplane. In fact, in Jennah ’s case, s afety is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide during the entire flight.

Enhancing safety for Jennah is in the public interest. In addition, the public interest is also served by the fact tha t the use of this FAA Approved Child Restraint System allows her to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint System, she would be unable to fly commercially.

I also believe that, wit h 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 b ecause, 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 res traint (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 safety as t hat provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that Jennah only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger sea ted behind Jennah while she is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Jennah ’ s parents or a caregiver accompanying him or her. In addition, I propose that Jennah ’ 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 April 8

- 13, 2015 . If you take the time to put this in the Federal Regist er, 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 chil d 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 unabl e 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 safety of this child is greatly e nhanced by the extra support and security that the FAA Approved Restraint System will provide for her during the flight.

Thank you for your consideration of this request.

Sincerely,

Sariya H. Rashid, MME
(mother of Jennah Rashid)