**September 1, 2011**

**Letter of exemption for Kelsey Edmonds**

I am writing to request an exemption from FAR 121.311 (b) to the extent re quired for our Wish Child, Kelsey Edmonds, to be able to use an FAA Approved Child Restraint System even though he exceeds the weight limits for the CRS. I believe the pertinent section from which we seek relief is:
§ 121.311 Seats, safety belts, and shoulder harnesses.
* * * * * (b) Except as provided in this paragraph, each person on board an airplane operated under this part shall occup y an approved seat or berth with a separate safety belt properly

secured about him or her during movement on the surface, takeoff, and landing. A safety belt provided for the occupant of a seat may

not be used by

more than one person who has reached his or her second birthday . Notwithstanding the preceding requirements, a child may : (1) Be held b y an adult who is occup yi ng an approved seat or berth, provided the child has not reached his or her second birthday and the child does not occupy or use any

restraining device; or (2) Notwithstanding an y other requirement of this chapter, occup y an approved child restraint sy stem furnished by

the certificate holder or one of the persons described in paragraph (b)(2)(i) o f this section, provided: (i) The child is accompanied by a parent, guardian, or attendant designated by the child's parent or guardian to attend to the safety of the child during the flight; (ii) Except as provided in paragraph (b)(2)(ii)(D) of this secti on, the approved child restraint sy stem bears one or more labels as follows: (A) Seats manufactured to U.S. standards between January 1, 1981, and February

25, 1985, must bear the label: “This child restraint s ys tem conforms to all applicable Federal motor vehicle safet y standards.” (B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels: ( 1 ) “This child restraint sy stem conforms to all applicable Federal motor vehicle safet y standards”; and( 2 ) “THI S RESTRAINT I S CE RTIFIED FOR USE I N MOTOR VEHICLES AND AIRCRAFT” in red lettering; (C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B) of this section must bear a label or markings showing: ( 1 ) That the seat was approved b y a foreign government ; ( 2 ) That the seat was manufactured under the standards of the United Nations; or ( 3 ) That the seat or child restraint device furnished by the certificate holder was approved by the FAA through Ty

pe Certificate or Supplemental Ty pe Certificate. ( 4 ) That the seat or child restraint device furnished by the certificate holder, or one of the persons described in paragraph (b) (2) (i) of this section, was approved b y the FAA in accordance with §21.305(d) or Technical Standard Order C

– 100b, or a later vers ion. (D) Except as provided in §121.311(b)(2)(ii)(C)( 3 ) and §121.311(b)(2)(ii)(C)( 4 ), booster

- ty pe child restraint s ys tems (as defined in Federal Motor Vehicle Safet y Standard No. 213 (49 CFR 571.213)), vest

- and harness

- ty pe child restraint systems, and lap held child restraints are not approved for use in aircraft; and (iii) The certificate holder complies with the following requirements: (A) The restraint s ys tem must be properl y secured to an approved forward

- facing seat or berth; (B) The child must be properly secured in the restraint sy stem and must not exceed the specified weight limit for the restraint sy stem; and (C) The restraint sy stem must bear the appropriate label(s).
* * * * *

Kelsey ’s physical condition is as follows : 8 ye ar old, 66 pound wheelchair bound child with leukoencephalopothy, symptomatic epilepsy, a gastronomy tube and a traecheostomy tube. 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 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 c onditions.
I propose that Kelsey be allowed to occupy an FAA Approved Child Restraint (CAReS, manufactured by AmSafe Corporation), even though he slightly exceeds the manufacturer’s weight limits. This ensures a high l evel of safety for Kelsey and a high level of safety for the other passengers and crewon the airplane. In fact, in Kelsey ’s case, safety is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide for her during the entire flight. Enhancing sa fety for Kelsey 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 use commercial air transportation. Without the support and security of the FAA A pproved Child Restraint System, he would be 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 of safety to that provided by the affected regulatio n. 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 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 mi ght 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 of the person seate d 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 limitation in a grant to this petition that Kelsey only sits in a passen ger seat with no passenger seated behind him . Therefore, no unsafe condition would exist for a pass enger

seated behind Kelsey while he is using the CAReS restraint. I also request that the processing of this petition not be delayed for publication and comment in the Federal Register. Kelsey is scheduled to travel to Disney World from October 1

- October 7, 2011 . 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 chil d 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 challenges, without the support and security of this FAA Approved Child Restraint System, this child would be unab le to fly. We request that this child be allowed to occupy an FAA Approved Child Restraint (CAReS, manufactured by AMSAFE INC.), even though he slightly 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 him during the flight.
Sincerely,

Jessica Partida Wish Coordinator Make

- A

- Wish Foundation of Greater Los Angeles