I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for me (Jeffery K. Hoffman) to be able to use an FAA Approved Child Restraint System even though I exceed 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 121 while I am aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow me 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 I seek relief is Section 121.311 Seats, safety belts, and shoulder harnesses.

I am 37 years old, weigh 81 pounds, and am 5 feet 6 inches tall. My physical condition is as follows: I have a genetic neuromuscular disease called Spinal Muscular Atrophy type 2. This disease makes me super, super weak (I am unable to lift a full can of soda, that's how weak I am.) I've had a spinal fusion for scoliosis, and am unable to sit unassisted in a standard airline seat. I flop over to the side, or fall forward onto my knees and legs. As a result of my physical disability, I need the support and security provided by an FAA Approved Child Restraint, but because of my weight I'm 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 I (Jeffery K. Hoffman) be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though I exceed the manufacturer’s weight limits. This ensures a high level of safety for myself and a high level of safety for the other passengers and crew on the airplane. In fact, in my 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 me 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 me to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint System, I would be unable to fly commercially.

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.

Since I never fly unassisted, and always have a helper flying with me, I propose that all operations under this exemption be conducted with at least one caregiver accompanying me. In addition, I propose I or my caregiver must carry a copy of this exemption.

I also request that the processing of this petition not be delayed for publication and comment in the Federal Register. I want to travel in early May. 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 for your use:

This is a request for an exemption from FAR 121.311 (b) to the extent required for a person with a disability to use an FAA Approved Child Restraint System on an aircraft, even though the person exceeds the weight limits for the CRS. Due to physical challenges, without the support and security of this FAA Approved Child Restraint System, this person would be unable to fly. We request that this person be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safety of this person is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide for him during the flight.