4/04/2013

Dann y J . L opez 15 Sussex Place Jackson, NJ 08527
**Attention: FAA**
**Re: 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 Taylor L. Lopez to be able to use an FAA Approved Chil d Restraint Sy stem even though she exceeds the weight limits for the CRS. In addition, if my petition is granted, Irequest that any air carrier or commercial operator operat ing under part 121 while Taylor is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary

to allow Taylor to exceed the specified weight limit for an FAA

approved child restraint sy stem during use of that ch ild 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 daughter is 10 year’s old, weighs 71 pounds, and is 54 inches tall. My daughter ’s phy sical condition is she is diagnosed with Cerebral Palsy with low muscle tone . As a result of her phy sical condition, she needs the support and securit y provided by an FAA Approved Child Restraint, but because of her weight is incapable of compliance with the regulation. I understand that the regulation is written to create a high level of safet y 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 Taylor be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.) , even though she exceeds the manufacturer’s weight limits. This ensures a high level of safety for Taylor and a high level of safety for the other passengers and crew on the airplane. In fact, in Taylor ’s case, safety is greatly enhanced b y the extra supp ort and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Tay lor 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 Restra int Sy stem allows her2

to use commercial air transportation. Without the support and securit y of the FAA Approved Child Restraint Sy stem, she would be unable to fly commercially

. I also believe that, with certain limitations established by the FAA in a gran t to this petition, there can be an equivalent level of safet y 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 established because, with the additional weight of the child attach ed to the seatback, the seatback would move forward more quickl y in an accident scenario and this might 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 quick ly

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 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 Taylor only

sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Taylor while she is using the CARES restrai nt. Ialso propose that all operations under this exemption be conducted with at least one of Taylor’s parents or a caregiver accompan yi ng him or her. In addition, I propose that Taylor’s parent or caregiver must carry a copy of this exemption.
I also requ est that the processing of this petition not be delay ed for publication and comment in the Federal Register. We want to travel on 7/17/2013 from Newark, NJ to Cancun, Mexico returning 7/24/2013 . 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 phy sical challenges, without the su pport 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, manufactured b y AmSafe, Inc.), even though she 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 her during the flight. Regards,
Dann y J . L opez, dann y.l opez@credit

- suisse.com , 732

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