### Letter

**– Request to Use CARES for Larger/Older Persons:** 

**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 ( **Brayden Lott**

) to be able to use an FAA Approved Child R estraint Sy stem even though ( **he )** exceeds the weight limits for the CRS. In addition, if my petition is granted, Irequest that an y air carrier or commercial operator operating under part 121 while ( **Brayden Lott**

) is aboard its aircraft is granted an exempt ion from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow ( **Brayden Lott**

) 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 se ction from 14 CFR part 121 from which we seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses. My (**son** ) is _14____ y ear’s old, weighs __47___ pounds, and is __53____ inches tall. My **(son** )’s phy sical condition is as follows (Cerebral P alsy). As a result of ( **his** ) phy sical condition, ( **he** ) needs the support and 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 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 bein g thrown into them during turbulent or emergency conditions. I propose that (

**Brayden Lott**

) be allowed to occupy

an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though ( **he** ) exceeds the manufacturer’s weight limits. This
ensures a high level of safety for ( **Brayden Lott**

) and a high level of safet y for the other passengers and crew on the airplane. In fact, in ( **Brayden Lott's** ) case, safety is greatly enhanced by the extra support and securit y that the FAA Approved Restraint System wi ll provide during the entire flight. Enhancing safety

for ( **Brayden Lott**

) 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 ( **him** ) to use commercial air tran sportation. Without the support and security of the FAA Approved Child Restraint Sy stem, ( **he** ) would be unable to fl y commercially.
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 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 for ward 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 would mean that it would not be there to att enuate the energy from the impact of the person seatedbehind 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 ( **Brayden Lott**

) only sits in a passenger seat with no passenger seated behind him. Therefore, no unsafe condition would exist for a passenger seated behind ( **Brayden Lott**) while ( **he** ) is using the CARES restraint. I also propose that all op erations under this exemption be conducted with at least one of ( **Brayden Lott's**  ) parents or a caregiver accompan yi ng him or her. In addition, Ipropose that ( **Brayden Lott’s**  ) parent or caregiver must carry a copy of this exemption.
I also request that the p rocessing of this petition not be delay ed for publication and comment in the Federal Register. We want to travel (**February 9,2013 to March 3, 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 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 oc cupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), 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 by the extra support and securit y that the FAA Ap proved Restraint S ys tem will provide for ( **him** ) during the flight.