Request to Use CARES for L arger/Older Persons

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Cody Yelm to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds the weight limits for the CRS. I n addition, if my petition is granted, I

request that any

air carrier or commercial operator operating under part 121 while Cody Yelm is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Cody Yelm to exceed the specified weight limit for an FAA-approved child restraint sy stem 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, safety

belts, and shoulder harnesses. My son's phy sical condition is as follows he is a nineteen year old, weighing one hundred pounds that has a diagnosis of Anoxic Encephalopathy. 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 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 not cause harm to other passengers on the airplane by

being thrown into them during turbulent or emergency conditions.
I propose that Cody Yelm be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by

AmSafe, I nc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Cody Yelm and a high level of safety for the other passengers and crew on the airplane. In fact, in Cody's case, safety is greatly enhanced by

the extra support and security

that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Cody Yelm 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 security of the FAA Approved Child Restraint Sy stem, he would 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. However, the components of the CARES restraint are the same as those used in restraints for adults on aircraft and would maintain 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 move forward more quickly in an accident scenario and this might cause a higher HI C 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).
Inorder to achieve an equivalent level of safety as that provided by

the affected regulation, Ipropose that the FAA establish a limitation in a grant to this petition that Cody Yelm only sits in a passenger seat with no passenger seated behind him. Therefore, no unsafe condition would exist for a passenger seated behind Cody Yelm while he is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Cody Yelm’s parents or a caregiver accompanying him or her. I n addition, Ipropose that Cody Yelm’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 to travel July 31, 2012 thru August 7, 2012 . I f y ou 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 support and security of this FAA Approved Child Restraint Sy stem, this child would be unable to fly . We request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, I nc.), even though he 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 Sy stem will provide for him during the flight. Thank y ou.
Curt, Charlotte & Cody

Yelm 518 South Fifth Street Princeton, I llinois 61356 cccy elm@frontier.com