**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 **GRACE AGUILAR**  **ABASCAL** 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 121while **GRACE	AGUILAR	ABASCAL** is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow **GRACE AGUILAR**  **ABASCAL** to exceed the specified weight 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 **4** year’s old, weighs **46** pounds, and is **42** inches tall. My**daughter**’s physical condition is as follows: **Angelman’s Syndrome** **, which**  **is characteri** **zed by**  **functionally severe**  **d evelopmental**  **delay, m** **ovement or**  **balance disorder** **, tremulous**  **movement of**  **limbs ,**  **easily excitable**  **personality ;**  **hypermotoric behavior**  **and short**  **attention span** **.** 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 ofcompliance with the regulation. **I am**  **also submitting**  **the following**  **contact information:**  **MARIANO AGUILAR** **, 67**  **Whisperwood Road;**  **Thornhill, Ontario**  **(Canada)	L4J	9C9; email	address** **:	mariano.aguilar@gmail.com** I understand that the regulation is written to create a high level of safety for each individual passenger by ensuringthatthey are securely restrained intheir seats during all phases offlight. 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 **GRACE AGUILAR**  **ABASCAL** be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though **she** exceeds the manufacturer’s weight limits. This ensures a high level of safety for **GRACE AGUILAR** **ABASCAL** and a high level of safety for the other passengers and crew on the airplane. In fact, in **GRACE AGUILAR**  **ABASC AL** ’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 **GRACE AGUILAR**  **ABASCAL** 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 System allows **GRACE	AGUILAR	ABASCAL** to	use	commercial	air	transportation.	Without	the	support	and	security	of the	FAA	Approved	Child	Restraint	System,**she**would possiblybe	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 ofsafety to that provided by the affected regulation. The CARES restraint has been certified by the manuf acturer 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 of44 pounds was established because, with the additional weight ofthe 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 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 ofthe 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	propose

thatthe FAA establish a limitation in a grantto this petition that **GRACE	AGUILAR	ABASCAL** only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe conditionwould exist for a passenger seated behind **GRACE AGUILAR** **ABASCAL** while **she** is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of **GRACE AGUILAR**  **ABASCAL’s** parents or a caregiver accompanying him or her. In addition, I propose that **GRACE	AGUILAR	ABASCAL’s**parent	or	caregiver	must	carry	a	copy	of	this	exemption. I also request that the processing ofthis petition not be delayed for publication and comment in the Federal Register. We want to travel **on	July	17,	2013	returning	on	August	26,	2013**

. Ifyou 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 FAAApproved Child Restraint System on an aircraft, eventhough the child exceedstheweight limits forthe CRS. Dueto physical challenges,withoutthe support and security ofthis FAAApproved Child Restraint	System,	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, 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.