FAA

I am writing to request an exemption from FAR 121.311 (b) to the extent required for m y son to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds the weight limits for the CRS. I believe the pertinent section from which we seek relief is:

§ 121.311 Seats, safet y belts, and shoulder harnesses.

* * * * * (b) Except as provided in this paragraph, each person on board an airplane operated under this part shall occupy an approved seat or berth with a sepa rate safety belt properl y secured about him or her during movement on the surface, takeoff, and landing. A safet y belt provided for the occupant of a seat may not be used b y 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 s ys tem furnished by the certificate holder or one of the persons described in paragraph (b)(2)(i) of this section, provided: (i) The child is accompanied by a parent, guardian, or atte ndant designated by the child's parent or guardian to attend to the safet y of the child during the flight; (ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint s ys tem bears one or more labels as follows: (A) Seat s 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 safety

standards.” (B) Seats manufactured to U.S. standards on or after Febr uary 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 CERTIFIED FOR USE I N MOTOR VEHICL ES AND AI RCRAFT” in red lettering; (C) Seats that do n ot 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 b y the FAA through T yp e Certificate or Supplemental Ty pe Certificate. ( 4 ) That the seat or child restraint device furnished by the certificate holder, or one o f the persons described in paragraph (b) (2) (i) of this section, was approved by the FAA in accordance with §21.305(d) or Technical Standard Order C

– 100b, or a later version. (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 sy stems (as defined in Federal Motor Vehicle Safet y Standard No. 213 (49 CFR 571.213)), vest

- and harness

- ty pe child restraint s ys tems, and lap held child restraints are not approved for use in aircraft; and (iii) The cert ificate 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 s ys tem; and (C) The restraint sy stem must bear the appropriate label(s).

* * * * *

My Son’s phy sical condition is alternately high and low muscle tone. As a result of His phy sical condition, he needs the support an d securit y 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 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 propo se that Robert Alexander Fredericks be allowed to occupy an FAA Approved Child Restraint (CAReS, manufactured by A mSafe Corporation), even though He slightl y exceeds the manufacturer’s weight limits. This ensures a high level of safety for Robert Alexander Fredericks and a high level of safet y for the other passengers and cr ew on the airplane. In fact, in Robert Alexander Fredericks ’s case, safet y is greatly enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide for h er during the entire flight.

Enhancing safety

for Robert Alexander Fredericks is in the public interest. In addition, the public interest is also served b y the fact that the use of this FAA Approve d Child Restraint Sy stem allows him to use commercial air transportation. Without the support and securit y of the FAA Approved Child Restraint Sy stem, He would be unable to fly commerciall y.

I also believe that, with certain limitations established by the FAA in a grant to this petition, there can be an eq uivalent 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. However, the components of the CAReS restraint are the same as those used in restraints fo r 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 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 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 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 lim itation in a grant to this petition that Robert Alexander Fredericks only sits in a passenger seat with no passenger seated behind him . Therefore, no unsafe condition would exist for a passenger seated behind Robert Alexander Fredericks while he is using the CAReS restraint.

I also request that the processing of this petition not be delay ed for publication and comment in the Federal Register. We want to travel September 25 to October 2 . If yo u take the time to put this in the Federal Register, it will d elay 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 Sy stem on an aircraft, even though the child exceeds the weight 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, manufactured b y AMSAFE IN C.), even though he slightly exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this child is greatl y enhance d by

the extra support and security that the FAA Approved Restraint Sy stem will provide for him during the flight.
For Robert Alexander Fredericks Richard Fredericks 384 Harcourt Drive Oshawa Ontario Canada L1H

- 6V6 905

- 728

- 6923 rfredericks@rogers.com