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 Abigail Ogden to be able to use an FAA Approved Child Restraint System even though she exceeds 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 Abigail Ogden is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to a llow A bigail Ogden to exceed the specified w eight limit for an FAA

- approved child restraint system during use of that child restraint system aboard an aircraft. I believe the pertinent section from 14 CFR part 121 from which we seek relief is Section 121. 311 Seats, safety belts, and shoulder harnesses. My daughter is __13___ year ’ s old, w eighs __63___ pounds, and is __46____ inches tall. My daughter ’ s physical condition is as follows :Abigail cannot sit unassisted and uses a wheelchair with lateral supports and a 5 point harness in her wheelchair when traveling by car.. As a result of her physical condition, she needs the support and security provided by an FAA Approved Child Restraint, but because of her weight is incapable of compliance with the regulati on. I understand that the regulation is written to create a high level of safety for each individual passenger by ensuring that they are securely restrained in their seats during all phases of flight. The regulation also ensures that an individual does no t cause harm to other passengers on the airplane by being thrown into them during turbulent or emergency conditions. I propose that Abigail Ogden be allow ed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though she e xceeds the manufacturer ’ s weight limits. This ensures a high level of safety for Abigail Ogden and a high level of safety for the other passengers and crew on the airplane. In fact, in Abigail Ogden ’ s case, safety is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety for Abigail Ogden is in the public interest. In addition, the public interest is also served by the fact that the use of this FAA Approved Child Res traint System allows her to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint System, she w ould be unable to fly commercially. 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. How ever, the components of the CARES restraint are the same as those used in restraints for adults on aircraft and w ould m aintain their integrity if used by 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 m ove 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 moving forward more quickly would m ean 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 safety as that provided by the affected regulation, I propo se that the FAA establish a limitation in a grant to this petition that Abigail Ogden only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Abigail Ogden while she is usi ng the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Abigail Ogden ’ s parents or a caregiver accompanying him or her. In addition, I propose that Abigail Ogden ’ s parent or caregiver must carry a c opy of this exemption. I also request that the processing of this petition not be delayed for publication and comment in the Federal Register. We w ant to travel January 2, 2013

- January 8, 2013. If you take the time to put this in the Federal Register, i t 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 t o use an FAA Approved Child Restraint System on an aircraft, even though the child exceeds the weight limits for the CRS. Due to physical challenges, without the support and security of this FAA Approved Child Restraint Sy stem , this child would be unable t o fly. We request that this child be allow ed 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 safety of this child is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide for her during the flight.