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

( **Gabrielle Krueger**) to be able to use an FAA Approved Child Restraint Sy stem even though ( **she** ) 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 ( **Gabrielle Krueger** ) is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow ( **Gabrielle Krueger** ) to exc eed 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 ( **daughter** ) is ___6_ y ear’s old, weighs _48____ pounds, and is __47____ inches tall. My **(daughter** )’s phy sical condition is as follows ( **Unable to sit unassisted to do an underlying undiagnosed medical condition. She has no muscle to**  **ne or ability to hold up her head** ). As a result of ( **her**) ph ys ical 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 securel y restrained in their seats during all phases of flight. The regulation also ensures that an individual does not cause harm to other pass engers on the airplane b y being thrown into them during turbulent or emergency conditions. I propose that ( **Gabrielle Krueger** ) be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though ( **she** ) exceeds the manufact urer’s weight limits. This ensures a high level of safety for ( **Gabrielle Krueger** ) and a high level of safety for the other passengers and crew on the airplane. In fact, in ( **Gabrielle Krueger** )’s case, safety is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for ( **Gabrielle Krueger** ) 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 Restr aint Sy stem allows ( **her** ) 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 commerciall 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 for use by children 22

- 44 pounds. However, the components of the CARES restraint ar e the same as those used in restraints for adults on aircraft and would maintain their integrit y 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 quickly in an accident scenario and this might cause a higher HIC load for the person seated in the seat behind the passenger using the CARES restraint (because the seatback moving forward more quickly wouldmean 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 propos e that the FAA establish a limitation in a grant to this petition that ( **Gabrielle Krueger**) only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind ( **Gabrielle Krueger** ) while ( **she** ) is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of ( **Gabrielle Krueger’s** ) parents or a caregiver accompany ing him or her. In addition, Ipropose that ( **Gabrielle Krueger’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 ( **September 29, 2012 and October 7, 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 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 fl y. We request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by 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 by the extra support and securit y that the FAA Approved Restraint S ys tem will provide for ( **her**) during the flight.