**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 Samuel Fast 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, Irequest that any air carrier or commercial operator operating under part 121 while Samuel is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Samuel to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint sy stem 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 b elts, and shoulder harnesses.
My son is 13 y ear’s old, weighs 93 pounds, and is 46 inches tall. My **son** ’s phy sical condition is as follows spastic cerebral palsy . As a result of his phy sical condition, he needs the support and security provided b y an FAA Ap proved 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 securely restrained in th eir 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 Samuel Fast be allowed to occup y 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 safet y for Samuel Fast and a high level of safet y for the other passengers and crew on the airplane. In fact, in Samuel ’s case, safet y is greatly enhanced by

the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Samuel is in the public interest. In addition, the public interes t is also served b y the fact that the use of this FAA Approved Child Restraint Sy stem allows him to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, he would be unable to fly commercially

.
I al so 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 chil dren 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 poun ds was established because, with the additional weight of the child attached to the seatback, the seatback would move forward more quickl y in an accident scenario and this might cause a higher HI C load for the person seated in theseat behind the passenger using the CARES restraint (because the seatback moving

forward more quickl y 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 safet y as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that Samuel only

sits in a passenger seat with no passenger seated behind him . Therefore, no unsafe condition would exist for a passenger seated behind Samuel while he is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Samuel’s parents or a caregiver accompanying him or her. In addition, Ipropose that Samu el’s parent or caregiver must carry a cop y of this exemption.

I also request that the processing of this petition not be delay ed for publication and comment in the Federal Register. We want to travel October 24 through November 1 . If yo u take the time to p ut 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 System 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 st em, 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 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 b y the extra support and security that the FAA Approved Restraint Sy stem will provide for him during the flight.