## 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 Matthew L. Davis 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 an y air carrier or commercial operator operating under part 121 while Matthew L. Davis is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Matthew L. Davis to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint s ys tem aboard an aircraft. 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. My son's phy sical condition is as follows: phy sically and mentally

delay ed due to brain damage from a stroke at birth; even though he is six, weighs 45 lbs and 43 in tall his mental age is between nine and twelve months. As a result of his phy sical condition, he needs the support and security provided b y 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 b y 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 b y being thrown into them during turbulent or

emergency

conditions

. I propose that Matthew L. Davis 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 safet y for Matthew L. Davis and a high leve l of safet y for the other passengers and crew on the airplane. In fact, in Matthew L. Davis's case, safet y is greatly enhanced b y the extra support and securit y that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety for Matthew L . Davis 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 F AA Approved Child Restraint Sy stem, he would be unable to fl y 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 safet y to that provided by the affected regul ation. 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 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 seatback would move forward more quickl y in an accident scenario and this mi ght cause a higher HI C load for the person seated in the seat behind the passenger using the CARES restraint (because the seatback moving forward more quickl y 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 safet y as that provided by the affected

regulation, I propose that the FAA establish a limitation in a grant to this petition that (name) onl y sits in a passenger s eat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Matthew L. Davis while he is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Matthew L. Davis ’ s parents or a caregiver accompan yi ng him or her. In addition, I propose that Matthew L. Davis ’ s parent or caregiver must carry

a cop y of this exemption. I also request that the processing of this petition not be delay ed for publicati on and comment in the Federal Register. We want to travel October 28, 2012 through November 4, 2012. 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 w eight 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 occupy an FAA Approved Child Restraint (CARES, m anufactured 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 b y the extra support and security that the FAA Approved Restraint Sy stem will provide for him during the flight.