Docket number FAA-2012-Q541 

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# ·/~~~;1~fUJ Iam writingto request an extension for exemption FAA-2012-0541 for Noah Halpin to

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## L-li-\, continue usingthe CARES child restraint system when flying. The original exemption:was issued .in 2012 and is expiring on June 30, 2014. '--; ., · / 1'

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I am writingto request an exemption from 14CFR § 121.311(b) tothe extent required for Noah Halpin to be able to use an FAA Approved Child Restraint System even though he exceeds the weight limitsfor the CRS. In addition, ifmy petition is granted, I request that any air carrier or commercial operator operating under part 121while Noah is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B)to the extent necessary to allow Noah to exceed the specified weight limitfor an FAA-approved child restraint system during use ofthat child restraint system aboard an aircraft.
I believe the pertinent section from 14 CFR part 121 from which we seek relief is Section 121.311 Seats, safety belts, and shoulder harnesses. Myson's physical condition is as follows: Noah is an almost 14-yr-old boy who currentlyweighs approximately 75 pounds. He has cerebral palsy and has very little upper bodystrength. He is unable to sit independently. As a result of his physical condition, he needs the support and security provided by
an FAA Approved Child Restraint, but because of his weight is incapable ofcompliance with the regulation.
I understand thatthe regulation is written to create a high level ofsafety for each individual passenger by ensuring thattheyare securely restrained in their seats during all phases offlight. The regulation also ensures that an individual does not cause harm to other passengers on the airplane by beingthrown into theni duringturbulent oremergency conditions.
I propose that Noah be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer's weight limits. This ensures a high level of safety for Noah and a high level ofsafety forthe other passengers and crew on the airplane. In fact, in Noah's case, safety is greatly enhanced by the extra support and security thatthe FAA Approved Restraint System will provide duringthe entire flight. Enhancing safety for Noah is in the public interest. In addition, the public interest is also served by the fact thatthe use ofthis FAA Approved Child Restraint System allows him to use commercial air transportation. Withoutthe support and security ofthe FAA Approved Child Restraint System, he would be unable to fly commercially.
I also believe**that~** with certain limitations established bythe FAA in a grantto this petition, there can be an equivalent level ofsafety to that provided bythe affected regulation. The CARES restraint has been certified 

### by the manufacturerfor use by children 22-44 pounds. However,the components ofthe .· 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.I believe thatthe limit of44 pounds was established because, with the additional weight ofthe child attached to the seatback, the seatback would move forward more quickly in an accident scenario and this might cause a higher HIC load forthe person seated in the seat behind the passenger usingthe CARES restraint (because the seatback movingforward more quickly would mean that itwould not be there to attenuate the energy from the impact ofthe person seated behind the person using the CARES restraint).
In orderto achieve an equivalent level ofsafety as that provided bythe affected regulation, I propose thatthe FAA establish a limitation in a granttothis petition that Noah only sits in a passenger seat with
no passenger seated behind him. Therefore, no unsafe condition would exist for a passenger seated behind Noah while he is usingthe CARES restraint. I also propose that all operations underthis exemption be conducted with at least one of Noah's parents or a caregiver accompanying him. In addition, I propose that Noah's parent orcaregiver must carry a copy ofthis exemption.
I also request thatthe processing ofthis petition not be delayed for publication and comment in the Federal Register. We wantto travel this summer. Ifyou take the time to putthis in the Federal Register, itwill delaythe process and we may not be able totravel inthistimeframe.
If it is necessary to put a summary in the Federal Register, I submitthe following:
This is a requestfor an exemption from FAR 

### 121.311 (b) tothe extent required for a child to use an FAA Approved Child Restraint System on an aircraft, even though the child exceeds the weight limits for the CRS. Due to physical challenges, withoutthe support and security ofthis FAA Approved Child Restraint System, this child would be unable to fly. We requestthat 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 of44 pounds. In this case, the safety ofthis child is greatly enhanced bythe extra support and securitythatthe FAA Approved Restraint System will provide for him duringthe flight.

Thankyou,

# "'1+~ Mary Pat Halpin Motherof Noah Halpin 

### PO Box 

### 113 Hebron, KY 41048 859-689-0009