Exem ption No. 10610

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

CECILIA BRAITHEWAITE Regulatory Docket No. FAA-2012-0620

for an exemption from §121.311(b) of Title 14, Code of Federal Regulations

DENIAL OF EXEMPTION

By letter dated June 5, 2012, Cecelia Braithwaite, PSC 559 Box 6815, FPO, AP 96377 petitioned the Federal Aviation Adm inistration (FAA) on behalf of her children Jedidiah J. M. Braithwaite and Faith A. A. Braithwaite for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to permit Jedidiah J. M. Braithwaite and Faith A. A. Braithwaite, two typically developing children, to use FAA Approved Child Restraint Systems (CRS) on an aircraft, even though the children exceed the weight limits for the CRS.

The petitioner requires relief from the following regulation:

Section 121.311(b) prescribes, in pertinent part, that the child be properly secured in the restraint system and must not exceed the specified weight limit for the restraint

system.

The petitioner supports her request with the following information:

AFS-12-430-E The petitioner states that Jedidiah J. M. Braithwaite and Faith A. A. Braithwaite are both healthy, but each weighs very close to 40 pounds

. She further states that they travel on long International flights (i.e. Okinawa to the United States, 19-21 hours through varying weather

system s). As a result, the petitioner states that her children need the support and security provided by an FAA Approved Child Restraint, but because of their weight may be incapable of compliance with the regulation.2

The petitioner states that she understands that the regulation is written to create a high level of safety for each individual passenger by ensuring that they are securely restrained in their seats during all phases of flight. The petitioner adds that the regulation also ensures that an individual does not cause harm to other passengers on the airplane by being thrown into them during turbulent or emergency conditions.

The petitioner proposes that her children be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though they exceed the manufacturer’s weight limits. The petitioner states that this ensures a high level of safety for Jedidiah and Faith and a high level of safety for the other passengers and crew on the airplane. The petitioner adds that, in fact, in their cases, safety is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide during the entire flight.

The petitioner states that enhancing safety for Jedidiah and Faith is in the public interest. In addition, the petitioner notes that the public interest is also served by the fact that the use of this FAA Approved Child Restraint System allows them to use commercial air transportation. The petitioner adds that without the support and security of the FAA Approved Child Restraint System, they would be unable to fly commercially as safely during our long flights.

The petitioner believes 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 petitioner states that 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 integrity if used by someone who weighed several hundred pounds.

The petitioner believes 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 head impact (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 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 sa fety as that provided by the affected regulation, the petitioner proposes that the FAA establish a limitation in a grant to her petition that Jedidiah and Faith only sit in a passenger seat with no passenger seated behind them. Therefore, no unsafe condition would exist for a passenger seated behind Jedidiah or Faith while they are using the CARES restraint. The petitioner also proposes that all operations under this exemption be conducted with at least one of Jedidiah and Faith’s parents or a caregiver accompanying them. In addition, the petitioner proposes that Jedidiah and Faith’s parent or caregiver must carry a copy of this exemption.

The petitioner also requested that the processing of this petition not be delayed for publication and comment in the Federal Register. The petitioner wanted to travel on or about July 1, 2012. The petitioner stated that if it takes too long to put this in the Federal Register, it could3

delay the process and they may not be able to travel in this timeframe. The petitioner states that if it is necessary to put a summary in the Federal Register, she submits the following:

This is a request for an exemption from § 121.311(b) to the extent required for two children to use FAA Approved Child Restraint Systems on an aircraft, even though the children exceed the weight limits for the CRS. We request that these children be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though they exceed the manufacturer’s weight limits of 44 pounds. In this case, the safety of these children is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide for them during the flight.

Although the petitioner requested that action on its petition not be delayed for publication

in the Federal Register , the FAA found that the petition, if granted, would set a precedent. Therefore, to allow an opportunity for the public to comment on the petition, a summary of this petition was published in the Federal Register on June 25, 2012 (77 FR 37952). No

comments were received.

The FAA’s analysis is as follows:

The FAA has carefully considered all the information presented by the petitioner in her request for relief from for an exemption from § 121.311(b) of the Federal Aviation Regulations (FAR) to the extent necessary to permit Faith and Jedidiah, two typically developing children, to use FAA Approved Child Restraint Systems (CRS) on an aircraft, even though the children exceed the weight limits for the CRS.

The FAA notes that Jedidiah J. M. Braithwaite and Faith A. A. Braithwaite are not unique from the general class of regulated persons subject to the provisions of § 121.311(b), so as to justify relief through an exemption rather than through the general rulemaking process.4

The FAA’s Decision :

In consideration of the foregoing, I find that a grant of exemption would not be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator, the petition of Cecilia Braithwaite for an exemption from 14 CFR § 121.311(b) is hereby denied.

Issued in Washington, DC, on August 24, 2012.

Raymond Towles Acting Director, Flight Standards

Service