**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 Rebecca LaCava to be able to use an FAA Approved Child Restraint Sy stem even though **she** 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 Rebecca is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Becky 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 rel ief is Section 121.311 Seats, safet y belts, and shoulder harnesses.

My **daughte r**  is 21 ye ar’s old, weighs 55 pounds, and is 54 inches tall. My **daughter ’**  **s** phy sical condition is as follows : She has been diagnosed with encephalopathy and requires assistance fo r all her dail y needs . As a result of **her** phy sical condition, **she** needs the support and securit y provided b y an FAA Approved Child Restraint, but because of **her** weight is incapable of compliance with the regulation. **I am also submitting the following cont act information:**  **Rick LaCava, 8434 Peony Circle, Buena Park CA. 90620.**  **ricklax@hotmail.com Cell # 562** 

**- 964** 

**- 8779.** 

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 emergen cy conditions.

I propose that Rebecca be allowed to occupy 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 safety for Becky and a high level of s afety for the other passengers and crew on the airplane. In fact, in Becky ’s case, safety is greatly enhanced by the extra support and securit y that the FAA Approved Restraint System will provide during the entire flight.

Enhancing safety

for Rebecca 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 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 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 seve ral 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 thepassenger 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 Rebecca onl y sits in a passenger seat with no passenger seate d behind her. Therefore, no unsafe condition would exist for a passenger seated behind Rebecca while **she** is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Rebecca’s parents or a caregiver accompan yi ng her. In addition, I propose that Rebecca’s parent or caregiver must carry
a cop y 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 31,2013 and August 6, 2013 . If 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 submi t 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 challenge s, 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 **she** excee ds 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 **her** during the flight.