I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for

Brendan Koss 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, Irequest that

any air carrier or commercial operator operating under part 121 while Brendan Koss is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii )(B) to the extent necessary

to allow Brendan Koss to exceed the specified weight limit for an FAA

- approved child restraint sy stem 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 Duchenne Muscular Dytrophy. As a result of his ) phy sical condition, he needs the support and securit y provided b y an FAA Approved Chi ld 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 (Brendan Koss be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe Corporation), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Brendan Koss and a high level of safet y for the other passengers and crew on the airplan e. In fact, in Brendan Koss’s case, safet y is greatly enhanced b y the extra support and security that the FAA Approved Restraint S ys tem will provide during the entire flight. Enhancing safety

for Brendan Koss is in the public interest. In addition, the pub lic 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 securit y of the FAA Approved Child Restraint System, he would be unable to fly

comme rciall y. 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 regulation. The CARES restraint has been certified by the manufacturer fo r 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 lim it 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 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 quickl y 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 Brendan Koss only

sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe co ndition would exist for a passenger seated behind Brendan Koss while he is using the CARES restraint. Ialso propose that all operations under thisexemption be conducted with at least one of Brendan Koss’s parents or a caregiver

accompan yi ng him or her. In addition, I propose that Brendan Koss’s parent or caregiver must carry

a copy of this exemption. 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 12/27/11 and 01/01 /12. 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 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 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.