**Request to Use CARES Child Restraint System for Larger/Older Persons**

I , Lora Batson, am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Oliver Batson 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 my petition is granted, I r equest that any air carrier or commercial operator operating under part 121 while Oliver Batson is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Oliver Batson to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint sy stem 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.
M y son is 9 year’s old, weighs 45 pounds, and is 48 inches tall. My son ’s phy sical condition is as follows; He suffers from h ydrocephalus, and a seizure disorder which causes him to have spastic quadriplegia that requires him to be completely wheelchair bound . As a result of his phy sical condition, he needs the support and security provided by

an FAA Approved Child Restraint, but because of his weight is incapable of compliance with the regulation. I am also submitting the following contact information: Lora Batson , 55 Poplar Street, Apt 3B, Brooklyn, NY 11201 and lorabatson@yahoo.com 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 Olive r Batson be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Oliver Batson and a high level of safet y for the other pas sengers and crew on the airplane. In fact, in Oliver Batson’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 Oliver Batson is in the publ ic 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 c ertified 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 accidentscenario and this might cause a higher HIC load for the pe rson 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 re straint). 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 Oliver Batson onl y sits in a passenger seat with no passenger seated beh ind her. Therefore, no unsafe condition would exist for a passenger seated behind Oliver Batson while he is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Oliver Batson’s parents or a caregiver accompan yi ng him. In addition, I propose that Oliver Batson’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 Federal Register. We want t o travel November 11 th

- 17 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 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 su pport 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 manufacture r’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. Thank you for y our consideration of this request. Si ncerel y, **Joanna Mosenson** Wish Coordinator Make

- A

- Wish Foundation of Metro New York and Western New York jmosenson@metrony .wish.org (516) 944

- 6212 ext. 143