**Request to Use CARES for Larger/Older Persons**

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Matthew Pepe to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds the height 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 Matthew Pepe is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Matthew Pepe to exceed the specified height limit for an FAA

- approved child restraint sy stem 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 son is 6 year’s old, weighs 38.2 pounds, and is 41 inches tall. My son ’s phy sical condition is as follows , Matthew has a seizure disorder that causes him to lack control of his upper body . As a result of his phy sical condition, he needs the support and securit y provided by an FAA Approved Child Restraint, but because of his height is incapable of compliance with the regulation. I understand that the regulation is written to create a high l evel of safet y for each individual passenger 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 conditions. I propose that Matthew Pepe be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though he exceeds the manufacturer’s height limits. This ensures a high level of safety for Matthew Pepe and a high level of safet y for the other passengers and crew on the airplane. In fact, in Matthew Pepe ’s case, safety is greatly enhanced by the extra support and securit y that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety

for Matthew Pepe 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 securit y 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 safety to that p rovided 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 maint ain their integrit y if used b y 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 a ccident 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 th e 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 Matthe w Pepe onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Matthew Pepe while he is using the CARES restraint. Ialso propose that all operations under this exemption b e conducted with at least one of Matthew’s parents or a caregiver accompanying him or her. In addition, Ipropose that Matthew’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 November 19

- 25, 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 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 Sy stem on an aircraft, even though the child exceeds the height 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 height limits of 4 0 inches . In this case, the safet y of this child is greatl y enhanced by the extra support and security that the FAA Approved Restraint S ys tem will provide for him during the flight.