July

13, 2015

Federal Aviation Administration 800 In dependence Avenue, SW Washington, DC 20591
SUBJECT: Request to Use CARES Child Restraint Sy stem for Larger Child with Special Needs To Whom It May

Concern : I am writing to request an exemption from 1 4 CFR § 121.311(b) to the extent required for Elise "Ellie" Freeman to be able to use an FAA Approved Child Restraint Sy stem even though she exceeds the weight limits for the CRS. In addition, if my petition is granted, I request that an y air carrier or co mmercial operator operating under part 121 while Elise Freeman is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Elise Freeman to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint s ys tem 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 daughter is 11 y ear’s old, we ighs approximately 54 pounds, and is approximately 52 inches tall. My

daughter ’s phy sical condition is as follows : cerebral pals y due to a stroke and brain dam age at the age of 23 months . As a result of her ph ys ical condition, she needs the support and sec urity provided b y an FAA Approved Child Res traint, but because of her weight is incapable of compliance with the regulation. I am also submitting the following contact inform ation as her parents: James L . and Elizabeth L

. Freeman (father and mother) , 808 Can yon Springs Dr., Cedar Park, Texas 78613 and our email address is freeleeman1@house.state.tx.us. I understand that the regulation is written to create a high level of safet y for each individual passenger b y 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 b y being thrown into them during turbulent or emergency

conditions. I propose that Elise Freeman be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmS afe, Inc.), even though she exceeds the manufacturer’s weight limits. This ensures a high level of safet y for Elise Freeman and a high level of safet y for the other passengers and crew on the airplane. In fact, in Elise ’s case, safety is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Elise Freeman is in the public interest. In addition, th e public interest is also served b y the fact that the use of this FAA Approved Child Re straint Sy stem allows her to use commercial air transportation. Without the support and securit y of the FAA Approved Child Restraint Sy stem, she would be unable to fl y c ommercially

.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 regulation. The CARES restraint has been certified by the manufactur er 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 quickl y in an accident scenario and this might cause a higher HI C load for the person seated in the seat b ehind the passenger using the CARES restraint (because the seatback moving forward more quickl y 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 ac hieve an equivalent level of safet y as that provided by the affected regulation, I propose that the FAA establish a limitation in a gra nt to this petition that Elise only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe co ndition would exist for a passenger seated behind Elise while she is using the CARES restraint. Ialso propose that all operations under this exemption be conducte d with at least one of Elise's parents or a caregiver accompanying her. In ad dition, I propos e that Elise'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. We want to travel in earl y September 2015 (September 3 through September 7) . 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 f

or 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 phy sical challenges, without the support and securit y of this FAA Approved Child Restraint Sy stem, this child would be unable to fly . We request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though (she/he) exceeds the manufacturer’s weight li mits of 44 pounds. In this case, the safet y of this child is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide for (her/him) during the flight. Thank you for your consideration of this request. Sincere ly , James L . Freeman Father 512

- 560

- 1509 freeleeman1@ yahoo.com