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

Kristen Burkes

- Moore 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, Irequest that any air carrier or commercial operator operating under part 121 while Kristen is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Kristen to exceed the specified weight limit for an FAA

- approved child restraint sy stem during use of that child restraint sy stem aboard an aircraft. I believe the pertinent section from 14 CFR part 121 from which we seek r elief is Section 121.311 Seats, safet y belts, and shoulder harnesses. My daughter is 10 year’s old, weighs aprx 75 pounds, and is aprx 55 inches tall. My daughter ’s phy sical condition is as follows : a seizure disorder and developmental delay s which have resulted in her current inability to walk independently

. As a result of her phy sical condition, she needs the support and security provided b y an FAA Approved Child Restraint, but because of her weight is incapable of compliance with the regul ation. I understand that the regulation is written to create a high level of safety 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 passengers on the airplane b y being thrown into them during turbulent or emergency conditions. I propose that Kristen be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though she exceed s the manufacturer’s weight limits. This ensures a high level of safety for Kristen and a high level of safety for the other passengers and crew on the airplane. In fact, in Kristen’s case, safety is greatl y enhanced by the extra support and securit y that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety

for Kristen 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 her to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, she would be unable to fl y 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 are the same as those used i n 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 safety as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that Kristen only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Kristen while she is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with Kristen’s parent or a caregiver accompan yi ng him or her. In addition, I propose that Kristen’s parent or caregiver must carry a copy of this exemption.
I also request that the processing of this petition not be delayed for publication and comment in the Federal Register. We want to travel 10/2/12

- 10/7/12. If you take the time to put this in the Federal Register, it will delay the process and we may

not b e 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 ste m 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 allowe d 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 security that the FAA Approved Restraint S ys tem will provide for her during the flight

.

Sincerely, Jennifer Moore (parent), on behalf of Kristen Burkes

- Moore