**Request to Use CARES Child Restraint System for Larger/Older Persons**

**Zachary Ware Docket # : FAA** 
**- 2016** 
**- 0986** 
I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for **Zachary Ware** to be able to use an FAA Approved Chil d Restraint Sy stem even though **Zachary Ware** exceeds the weight limits for the CRS. In addition, if my petition is granted, I request that an y air carrier or commercial operator operating under part 121 while **Zachary Ware**  is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary

to allow **Zachary Ware** 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** , **Zachary Ware ,**  is **5** year’s old, weighs **55** pounds, and is **47** inches tall. My **son** , **Zachary Ware** ’s ph ys ical condition is as follows : 47xyy s yndrome, Sensory Processing Disorder, Verbal Apraxia, Speech and Language disorder, moderatel y developmentally delayed, hearing loss and h yperactivity disorder. As a result of his phy sical condition, he needs the support and securit y provi ded by an FAA Approved C hild Restraint, but because of his weight is incapable of compliance with the regulation. **I am also submitting the following contact information:**  **Stacy and Daniel Ware ,**  **171 Boteler Rd, Florence, MS 39073 and**  **stacyware1@windstream.n et**  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 **Zachary Ware ,**  be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though **he** excee ds the manufacturer’s weight limits. This ensures a high level of safety for **Zachary Ware** and a high level of safet y for the other passengers and crew on the airplane. In fact, in **Zachary Ware** ’s case, safet y is greatl y enhanced b y the extra support and sec urity that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for **Zachary Ware** 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 S ys tem allows him to use commercial air transportation. Without the support and security of the FAA Ap proved Child Restraint Sy stem, he 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 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, thecomponents 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 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 wou ld 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 **Zachary Ware** onl y sits in a passenger seat with no passenger seated behind him . Therefore, no unsafe condition would exist for a passenger seated behind **Zachary Ware** while he is using the CARES re straint. I also propose that all operations under this exemption be conducted with at least one of **Zachary Ware**  **’s** parents or a caregiver accompanying him or her. In addition, Ipropose that **Zachary Ware’s**  parent or caregiver must carry a cop y 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 **February 21, 2016 and February 25, 2016**

. 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 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 Approved Restraint S ys tem will provide for him during the flight. Thank you for your consideration of this request.

Sincerel y, Stacy Ware and Daniel Ware Phone: 601

- 845

- 0732 or 601

- 954

- 1579 Email: stacy

ware1@windstre am.net