**Request to Use CARES Child Restraint System for Larger/Older Persons**

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Caleb Rai to be able to use an FAA Approved Child Restraint Sy stem even though he 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 121 while Caleb Rai is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Caleb Rai to exceed the specified weight limit for an FAA

- approved child restraint sy stem during use of that child restraint sy stem aboard an aircraf t. 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.
Caleb is fifteen ye ar’s old, weighs 60 pounds, and is 5 feet 5 inches tall with his brace on

. Caleb ’s p hy sical condition is as follows, extremely limited independent movement, curved spine, relies on care attendant for all acts of dail y living. As a result of his phy sical condition, he needs the support and securit y provided b y an FAA Approved Child Restraint, but because of his weight is incapable of compliance with the regulation. **I am also submitting the following contact inf** 

**ormation: Sharon Rai,**  **10171 Number Five Road, Richmond, BC, V7A 4E3,**  **Sabbath.7@hotmail.com** I understand that the regulation is written to create a high level of safety 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 cau se harm to other passengers on the airplane b y being thrown into them during turbulent or emergency conditions. I propose that Caleb Rai be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safet y for Caleb and a high level of safet y for the other passengers and c rew on the airplane. In fact, in Caleb ’s case, safet y is greatly enhanced by the extra support and securit y that the FAA Ap proved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Caleb Rai 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 him to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, he 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 certified 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 restrai nts for

adults on aircraft and would maintain their integrity if used b y 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 seatba ck 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 no t 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 safety as that provided by the affected regulation, I propose that the FAA establish a limitati on i n a grant to this petition that Caleb Rai only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Caleb while he is using the CARES restraint. I also propose that all o perations under this exemption be conducted with at least one of Caleb’s parents or a caregiver accompanying him or her. In addition, Ipropose that Caleb’s parent or 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. We want to travel in August or September. 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 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 ch ild exceeds the weight limits for the CRS. Due to phy sical challenges, without the support and securit y of this FAA Approved 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 Re straint (CARES, manufactured b y AmSafe, Inc.), even though he exceeds 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 security that the FAA Approved Restraint Sy stem will pr ovide for him during the flight. Thank you for your consideration of this request. Lindsay Barnett Wish Coordinator The Children’s Wish Foundation of Canada, BC & Yukon Chapter t: (778) 383

- 1416e: lindsay .barnett@childrenswish.ca