### Letter

**– Request to Use CARES for Larger/Older Persons:** 

**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 Tessa Dunne to be able to use an FAA Approved Child Restraint Sy stem even though Tessa exceeds the weight limits for the CRS. In addition, if my petition is granted, Irequest that an y air carrier or commercial operator operating under part 121 while Tessa is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Tessa 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, safet y belts, and shoulder harnesses. My daughter is 6 years old, weighs __ 57.3 _ pounds, and is 46.85 inches tall. My **daughter** ’s phy sical condition is as follows : Tessa has Severe Autism as well as a Learning Disability

. She is unable to sit unassisted in a vehicle as a seatbelt alone is not sufficient. As part of the bolting behavior seen in children with ASD, Tessa will continuously escape any

seatbelt. Tessa also has Sensory

Processing Disorder which in her case means she will continue to force herself out of a seatbelt even if it is painful

– tight doesn’t make a difference. Tessa has ADHD and will not sit, but will climb, run, jump tirelessly to satisf y her sensory needs

– this will be done without concern for her own or an yo ne else’s safet y. For car/bus/train travel we use either the Houdini Harness or the CarFix Magnetic Vest Harness. As a result of her phy sical condition, she needs the support and se curity provided b y an FAA Approved Child Restraint, but because of her 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 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 Tes sa be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits. This ensures a high level of safet y for Tessa and a high level of safet y for the other passengers and c rew on the airplane. In fact, in Tessa ’s case, safety is greatly enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Tessa 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 her to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, she 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 cer tified b y the manufacturer for use b y 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 b y someone who weighed several hundred p ounds.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 pers on 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). 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 Tessa only sits in a passenger seat with no passenger seated behind her. T herefore, no unsafe condition would exist for a passenger seated behind Tessa while she is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Tessa’s parents or a caregiver accompanying him or her. In addition, Ipropose that Tessa’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 14 July 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 fr om 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 Approv ed Child Restraint Sy stem, this child would be unable to fly . We request that this child be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this child is greatl y enhanced b y the extra support and securit y that the FAA Approved Restraint System will provide for him during the flight.



### Below is the actual FAA Government Document for YOUR information and **need not be inclu ded in your request to use CARES for your special needs**  **larger child, teenager, or adult. SEATS, SAFETY, AND SHOULDER HARNESS**  (b) Except as provided in this paragraph, each person on board an airplane operated under this part shall occup y an approved seat or berth with a separate safet y belt properl y secured about him or her during movement on the surface, takeoff, and landing. A safety belt provided for the occupant of a seat may not be used by

more than one person who has reached his or her second birthday. Notwithstanding the preceding requirements, a child may : (1) Be held b y an adult who is occup yi ng an approved seat or berth, provided the child has not reached his or her second birthday and the child does not occupy or use any

restraining device; or(2 ) Notwithstanding an y other requirement of this chapter, occup y an approved child restraint

sy stem furnished by

the certificate holder or one of the persons described in paragraph (b)(2)(i) of this section, provided: (i) The child is accompanied by a parent, guardian, or attendant designated by the child’s parent or guardian to attend to the safet y of the child during the flight; (ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint sy stem bears one or more labels as follows: (A) Seats manufactured to U.S. standards between January 1, 1981, and February

25, 1985, must bear the label: “This child restraint sy stem conforms to all applicable Federal motor vehicle safet y standards.” (B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels: (1) “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and (2) “THI S RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHI CLES AND AIRCRAFT” in red letterin g; (C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B) of this section must bear a label or markings showing: (1) That the seat was approved b y a foreign government; (2) That the seat was manufactured under the standards of the United Nations; or (3) That the seat or child restraint device furnished by the certificate holder was approved by the FAA through Ty

pe Certificate or Supplemental Ty pe Certificate. (4) That the seat or child restraint device furnished by the certificate ho lder, or one of the persons described in paragraph (b) (2) (i) of this section, was approved b y the FAA in accordance with §21.305(d) or Technical Standard Order C

– 100b, or a later version. (D) Except as provided in §121.311(b)(2)(ii)(C)( 3 ) and §121.311(b)(2)(ii)(C)( 4 ), booster

ty pe child restraint s ys tems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest

- and harness

- ty pe child restraint sy stems, and lap held child restraints are not approved for use in aircraft; and (iii) The certificate holder complies with the following requirements: (A) The restraint s ys tem must be properl y secured to an approved forward

- facing seat or berth; (B) The child must be properly secured in the restraint sy stem and must not exceed the spe cified weight limit for the restraint s ys tem; and (C) The restraint sy stem must bear the appropriate label(s).