### Letter

– Request to Use CARES for Larger/Older Persons:

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 J a cob Goldenberg 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 Jacob is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow J a cob 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 Section 121.311 Seats, safety belts, and shoulder harnesses.

My so n is 15 years old, wei ghs 84 pounds, and is approximately 45 inches tall. His p hysical condition is as follows:

Jacob had brain surgery in early 2002 to remove a tumor growing on his brainstem in the ce nter of his head. A lthough the risky s urgery to remove a tumor in that location was success ful, it left him in a wheelchair, with hemi paraly sis and the inability to sit up on his own without supportive equipment, damage to the third cranial nerve controlling one eye lid, difficult y swallow ing, and beh avio r a l issues due to the reduc ed inhibitions/impulse control.

As a result of his phy sical condition, he needs the support and securi ty 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 conditions.

I propose that J a cob 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 J a cob and a high level of safety for the other passeng ers and crew on the airplane. In fact, in Jacob ’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 J a cob is in the public interest. In ad dition, 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

wou ld 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 certifi ed 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 pound s.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 might cause a higher HIC load for the person s eated 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 seated behind the person using the CARES restrain t).

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 J a cob only sits in a passenger seat with no passenger seated behind her. Ther efore, no unsafe condition would exist for a passenger seated behind Jacob while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of J a cob ’ s parents or a caregiver accompanying him or he r. In addition, I propose that Jacob ’ 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 i n the Federal Registe r , if an exemption to such publication is possible

, that would be preferable. We would like to travel December 5

- 10, 2012 . If you take the time to put this in the Federal Register, it will delay the process an d we may not be able to travel i n this timeframe.

If it is necessary to put a summary in the Federal Register, I submit the following:

This is a request for an exempt ion 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 challenges, 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 p ounds. 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 for you r prompt consideration.

Sincerely,

Denis Goldenberg (908) 334

- 4981