**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 John Janowicz to be able to use an FAA Approved Child Restraint System 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 John Janowicz is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii )(B) to the extent necessary to allow John Janowicz 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 whic h we seek relief is Section 121.311 Seats, safety belts, and shoulder harnesses. John Janowicz is 17 year’s old, weighs 130 pounds, and is 59 inches tall. His physical condition is as follows : Lesch

- Nyham Syndrome As a result of his physical condition, he needs the support and security provided by an FAA Approved Child Restraint, but because of his weight is incapable of compliance with the regulation. I am also submitting the following contact information:
**Anne Janowicz** 

**, Mother**  **8108 Elliott Street**  **Vancouver, BC, V5S2P2**  **ANNE@JANOWICZ.CA Katie Spencer**  **- Lim, Children’s Wish**  **Foundation, Wish Coordinator 450**  **– 319 West Pender St**  **Vancouver, BC, V6B 1T3 Katie.spencer** 

**- lim@childrenswish.ca** 

I u nderstand 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 ot her passengers on the airplane by being thrown into them during turbulent or emergency conditions. I p ropose that John Janowicz be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for John and a high level of safety for the ot her passengers and crew on the airplane. In fact, in Harman’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 John 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 him to usecommercial air transportation. Without the support and security of the FAA Approved Child

Restraint System, he would be unable to fly commercially. I also believe that, with certain limitations establi s h ed by the FAA in a grant to this petition, t here can be an equivalent level of safety 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 integrity if used by someone who weighed several hundred pounds. I believe that the limit of 44 pounds was establi sh ed because, with the additional we ight 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 the passenger using the CARES restraint (because the seatback moving forward more quickly would mean that it would not be t here to attenuate the energy from the impact of the person seated behind the perso n 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 limitation in a grant to this petition that John Janowicz only sits in a passenger seat with no passenger seated behind his . Therefore, no unsafe condition would exist for a passenger seated behind John Janowicz while he is using the CARES restraint. I also propose that all operations under this exemption be cond ucted with at least one of John Janowicz’s parents or a caregiver accompanying him. In addition, I propose Harman’s caregiver must carry a copy of this exemption. I also request that the processing of this petition not be delayed for publication and commen t in the Federal Register. We want to travel March 2015

. 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 System on an aircraft, even though the child exceeds the weight limits for the CRS. Due to physical chal lenges, without the support and security of this FAA Approved 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 he 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 his during the flight. Thank you for your considerati on of this request. Katie Spencer

- Lim, Wish Coordinator Anne Janowicz, Father