### Sarah Curtis Seidl **256 Providence Road Annapolis, MD 21409**  **410**
**- 349** 
**- 4160**  **sarah@seidllaw.com U.S Department of Transportation**  **Federal Aviation Administration Washington, DC 20591**  **January 19, 2013**
**Re: Request to**  **Use CARES for Larger/Older Persons** Dear Sir or Madam,
I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Luke Patrick Seidl to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds the weight lim its for the CRS. In addition, if my petition is granted, I request that any air carrier or commercial operator operating under part 121 while Luke is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Luke 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 relief is Section 121.311 Seat s, safet y belts, and shoulder harnesses. My son is nine y ears old, weighs 50 pounds, and is 4 4 inches tall. My son ’s phy sical condition is as follows : spastic quadriparesis secondary to an immune disorder that caused him to suffer neurological damage when he was an eighteen

- month

- old. Luke survived after undergoing chemotherap y and receiving a bone marrow transplant from his brother but became seriously disabled despite the treatment for his underl yi ng immune disorder. As a result, Luke requires assistan ce with all of his daily needs and is dependent on tube feeds. Luke does not have control of his trunk and requires strapping to hold him in an upright position. Moreover, Luke does not walk without assistance and is unable to sit without proper supports . Luke uses a speciall y adapted wheelchair for mobility that is equipped with lateral supports and a chest support. As a result of his phy sical condition, Luke needs the support and security provided by

an FAA Approved C hild Restraint, but because of his weigh he t 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 Luke 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 Luke and a high level of safet y for the other passengers and cre w on the airplane. In fact, in Luke ’s case, safety is greatly en hanced b y the extra support and securit y that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety

for Luke is in the public interest. In addition, the public interest is also served by 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 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 CA RES 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 weigh t 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 restraint (because the seatback movi ng 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 regu lation, I propose that the FAA establish a limitation in a grant to this petition that Luke only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Luke while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Luke’s parents or a caregiver accompan yi ng him or he r. In addition, I propose that Luke’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 Feder al Register. We want to travel at the end of February , 2013 . I f 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 Re straint Sy stem 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 fl y. We request that this ch ild be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits of 44 pounds. In thiscase, the safet y of this child is greatl y enhanced by the extra support and securi ty that the FAA Approved Restraint S ys tem will provide for him during the flight

. Thank y ou for y our consideration. If y ou require any further information regarding Luke, feel free to contact me at 410

- 349

- 4160 or sarah@seidllaw.com

.

Very trul y yours,

Sarah Curtis Seidl