Nolan Miller’s 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 Nolan Miller to be able to use an FAA Approved Child Restraint Sy stem even though he 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 Nolan Miller is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Nolan Miller 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 s **on is 33** ye ar’s old, weighs approximately 70 pounds, and is 56 inches tall. My son‘s phy sical condition is cerebral pals y. As a result of his phy sical condition, he needs the support and securit y 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 regu lation 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 Nolan Miller be allowed to occup y an FAA Approved Child Restraint (CARES, manu factured b y AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Nolan Miller and a high level of safet y for the other passengers and crew on the airplane. In fact, in Nolan Miller’s case, safet y i s greatly enhanced by

the extra support and securit y that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Nolan Miller 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 lim itations 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 scenario and this might cause a higher HIC load for the person seated in the seat behind the passenger using the CARES restraint (becau se the seatback moving forward more quickly wouldmean 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 Nolan Miller only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated beh ind Nolan Miller while he is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Nolan’s parents or a caregiver accompanying him or her. In addition, Ipropose that Nolan’s parent or caregive r 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 late October. If you take the time to put this in the Federal Register, it w ill 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 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 child 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 this case, the safet y of this child is greatl y enhanced by the extra support and securit y that the FAA Approved Restraint S ys tem will provide for him during the flight.

Best regards: Bill Miller Guardian and parent of Nolan Miller