I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for

Zachary Dornbos to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds /meets 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 Zachary is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the e xtent necessary to allow Zachary

Dornbos to exceed the specified weight 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 r elief is Section 121.311 Seats, safet y belts, and shoulder harnesses.
My son is ___ 9 __ y ear’s old, weighs __44 ___ pounds, and is __45

____ inches tall. My **son** ’s phy sical condition is as follows ( **kernicterus, cerebral palsy, dystonia** ). As a result of his phy sical condition, he needs the support and security provided b y an FAA Approved Child Restraint, but because of his weight is incapable of compliance with the regulation. 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 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 Zachary

Dornbos 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 Zachary Do rnbos and a high level of safet y for the other passengers and crew on the airplane. In fact, in Zachary Dornbos’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 Zachary

Dornbos 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 security 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 safet y 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
scen ario 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 safet y as that provided by the affected regulation, I

propose that the FAA establish a limitation in a grant to this petition that Zachar y Dornbos on ly sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Zachary Dornbos while he is using the CARES restraint. I also propose that all operations under this exemption be cond ucted with at least one of Zachary Dornbos’s parents or a caregiver accompany ing him or her. In addition, Ipropose that Zachary ’s parent or caregiver must carry a copy of this exemption.

I also request that the processing of this petition not be delay ed f or publication and comment in the Federal Register. We want to travel ( **May 2 nd** 

**- 7**  **th , 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 s ummary

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 (he just meets) the weight limits for the CRS. Due to phy sical challenges, without the support and securit y of this FAA Approved Child Restraint System, this child would be unable to fly. We request that this child be allowed to occup y an FAA Approved Child Restraint (CARE S, manufactured b y AmSafe, Inc.), even though he exceeds /meets the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this child is greatl y enhanced b y the extra support and securit y that the FAA Approved Res traint Sy stem will provide f or him during the flight.