### Letter

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

**Request to Use CARES for Larger/Older Persons**
I am writing to request an exemption from 14 CFR § 121.311(b) t o the extent required for Alexis Carter to be able to use an FAA Approved Chil d Restraint Sy stem even though she exceeds the weight limits for the CRS. In addition, if m y petition is granted, I request that an y air carrier or commercial operator operating under part 121 while Alexis Carter is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Alexis Carter to exceed the specified weight limit for an FAA

- approved child restraint system 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 12 y ear’s old, weighs 120 pounds, and is 54 inches tall. My **daughter** ’s phy sical condition is as follows she is a quadriplegic who is unab le to move her arms or legs and is also ventilator dependent. She is unable to support her own weight in a upright seated position without leaning to one side. As a result of her ph ysical condition, she needs the support and securit y provided b y an FAA App roved Child Restraint, but because of her weight is incapable of compliance with the regulation. I understand that the regulation is written to create a high level of safety for each individual passenger b y ensuring that they are securel y restrained in the ir 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 Alexis Carter be allowed to occu py 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 Alexis Carter and a high level of safet y for the other passengers and cre w on the ai rplane. In fact, in Alexis Carter ’s case, safet y is greatly enhanced b y the extra support and securit y that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Alexis Carter 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 her to use commercial air transportation. Without the support and security of the FAA Ap proved Child Restraint Sy stem, she 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 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 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 accident scenario and this might cause a higher HIC load for the person seated in the seat b ehind 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 ach ieve an equivalent level of safet y as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that Alexis Carter only sits in a passenger seat with no passenger seated behind her. Therefore, no un safe condition would exist for a passenger seated b ehind Alexis Carter while she is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Alexis Carter’s parents or a licensed nurse accompan yi ng him or he r. In addition, Ipropose that Alexis Carter’s parent or nurse 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 Feder al Register. We want to tr avel November 28 th 2012 thru December 4 th 2012 . I f yo u 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 th e 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 weight limits for the CRS. Due to phy sical challenges, w ithout 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 by AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this child is greatl y enhanced by the extra support and security that the FAA Approved Res traint S ys tem will provide for her during the flight.