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 Tyler P Moeller 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 w hile Tyler P Moeller is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Tyler P Moeller 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 Secti on 121.311 Seats, safety belts, and shoulder harnesses. My son ’s physical condition is as follows Spastic Quad Cerebral Palsy . He is 7 years old and can not sit by hims elf independently and weights 50 # and is 42 inches tall. As a result of **his** physica l 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 indi vidual 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 em ergency conditions. I propose that Tyler P Moeller be allow ed 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 Tyler P Moel ler and a high level of safety for the other passengers and crew on the airplane. In fact, in Tyler P Moeller’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 Tyler P Moeller 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 Approved Child Restraint System, he wo uld 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 regulation. The CARES restraint has been certified by the manufacturer for use by children 22

- 44 pounds. How ever, the components of the CARES

restraint are the same as those used in restraints for adults on aircraft and w ould m aintain 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 w ould m ove forward more quickly in an accident scenario and this might cause a higher HIC load for the person seated in the seat behind the pass enger using the CARES restraint (because the seatback moving forward more quickly w ould m ean that it would not 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 equiv alent 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 Tyler P Moeller only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condit ion would exist for a passenger seated

behind Tyler P Moeller while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Tyler’s parents or a caregiver accompanying him or her. In

addit ion, I propose that Tyler P Moeller’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 w ant to travel April 16th, 2012 . If y ou 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 fr om 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 challenges, without the support and security of this FAA Approv ed Child Restraint Sy stem , this child would be unable to fly. We request that this child be allow ed 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 him during the flight. Thank you,

Dawn M Moeller 8 Captolene AveBloomingdale NJ 07403

973

- 981

- 4140

dm brundin@ aol.com