To Whom it may Concern, September 1, 2011
I am writing to request an exemption from 14 CFR § 121.311(b) and 14 CFR § 135.128 (a) to the extent required for NOLAN THORNTON to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds the weight limits for the CRS. In addition, if my

petition is granted, I request that any air carrier or commercial operator operating under part 121 or part 135 while NOLAN THORNTON is aboard its aircraft is granted an exemption from 14 CFR § 12 1.311(b)(2)(iii)(B) and 14 CFR § 135.128(a)(2)(iii)(B) to the extent necessary to allow Nolan 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 perti nent section from 14 CFR part 121 from which we seek relief is:
§ 121.311 Seats, safety belts, and shoulder harnesses.
* * * * * (b) Except as provided in this paragraph, each person on board an airplane operated under this part shal l occupy an approved seat or berth with a separate safety belt properl y secured about him or her during movement on the surface, takeoff, and landing. A safety belt provided for the occupant of a seat may not be used b y more than one person who has reached his or her second birthday . Notwithstanding the preceding requirements, a child may : (1) Be held b y an adult who is occup yi ng an approved seat or berth, provided the child has not reached his or her second birthday and the child does not occupy or use any restraining device; or (2) Notwithstanding an y other requirement of this chapter, occup y an approved child restraint s ys tem furnished by the certificate holder or one of the persons described in paragraph (b)(2)(i) of this section, provided: (i) The child is accompanied by a parent, guardian, or attendant designated by the child's parent or guardian to attend to the safety of the child during the flight; (ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint s ys tem bears one or more labels as follows: (A) Seats manufactured to U.S. standards between January 1, 1981, and February

25, 1985, must bear the label: “This child restraint s ys tem conforms to all applicable Federal motor vehicle safety

standards.” (B) Seats m anufactured to U.S. standards on or after February 26, 1985, must bear two labels:( 1 ) “This child restraint sy stem conforms to all applicable Federal motor vehicle safet y

standards”; and ( 2 ) “THI S RESTRAINT I S CERTIFIED FOR USE I N MOTOR VEHICLES AND A IR CRAFT” in red lettering; (C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B) of this section must bear a label or markings showing: ( 1 ) That the seat was approved b y a foreign government; ( 2 ) That the seat was manufactured under the standards of the United Nations; or ( 3 ) That the seat or child restraint device furnished by the certificate holder was approved b y the FAA through T yp e Certificate or Supplemental Ty pe Certificate. ( 4 ) That the seat or child restraint device furnished by the certificate holder, or one of the persons described in paragraph (b) (2) (i) of this section, was approved by the FAA in accordance with §21.305(d) or Technical Standard Order C

– 100b, or a later version. (D) Except as provided in §121.311 (b)(2)(ii)(C)( 3 ) and §121.311(b)(2)(ii)(C)( 4 ), booster

- ty

pe child restraint sy stems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest

- and harness

- ty pe child restraint s ys tems, and lap held child restraints are not ap proved for use in aircraft; and (iii) The certificate holder complies with the following requirements: (A) The restraint s ys tem must be properl y secured to an approved forward

- facing seat or berth; (B) The child must be properly secured in the restraint sy stem and must not exceed the specified weight limit for the restraint s ys tem; and (C) The restraint sy stem must bear the appropriate label(s).
* * * * *
My son’ s p hy sical condition is as follows, he is 15 y ears old approximately 4’3” and 52lbs. He has quad spastic CP and does not have full trunk support ). As a result of his phy sical condition, he needs the support and security provided by

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 safety for each individual passenger b y ensuring that they are securely restrained in their seats during all phases of flight. The regulation also ensures that an individual does not cause harm toother passengers on the airplane b y being thrown into them during turbulent or

emergency

conditions.
I propose that Nolan Thornton be allowed to occupy an FAA Approved Child Restraint (CAReS, manufactured b y AmSafe Corporation), even though he slightly exceeds the manufacturer’s weight limits. This ensures a high l evel of safety for Nolan and a high level of safety for the other passengers and crew on the airplane. In fact, in Nolan ’s c ase, safet y is greatly enhanced b y the extra support and security that the FAA Approved Restraint S ys tem will provide for her during the entire flight. Enhancing safety

for Nolan is in the public interest. In addition, the public interest is also serve d by

the fact that the use of this FAA Approved Child Restraint Sy stem allows him to use commercial air transportation. Without the support and securit y of the FAA Approved Child Restraint System, he would be unable to fly commerciall y. I also believe th at, 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, 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. I believe that the limit of 44 pounds was e stablished 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 HI C 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 lev el 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 ( name) onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist f or a pass enger seated behind Nolan while he is using the CAReS restraint. Also propose that all operations under this exemption be conducted with at least one of Nolan ’s parents or a caregiver accompan yi ng him. In addition, I propose that Nolan’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 September 5 th and 6 th to attend a wheelchair seating clinic at Shriner’s Hospital in Salt L ake City , UT . I f 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 fly . We request that this child be allowed to occupy an FAA Approved Child Restraint (CAReS, manufactured b y A MSAFE IN C.), even though he slightly exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this child is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide for him during the flight.
Thank you, Kim Masitti (Mother of Nolan Thornton)