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

I	am	writing	to	request	an	exemption	from	14	CFR	§	121.311(b)	to	the	extent	required	for **Joanna E.	Hodge**  to	be	able	to	use	an	FAA	Approved	Chil d	Restraint	System	even	though	she 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	while Joanna is	aboard	its	aircraft	is	granted	an exemption	from	14	CFR	§	121.311(b)(2)(iii)(B)	to the	extent	necessary	to	allow	Joanna to	exceed the	specified	weight	limit	for	an	FAA

- approved	child	restraint	system	during	use	of	that	child restraint	system	aboard	an	aircraft. I	believe	the	pertinent	section	from	14	CFR	part	121	from	which	we	seek	relief	is	Se ction	121.311 Seats,	safety	belts,	and	shoulder	harnesses. My	daughter is almost 12 year s	old,	weighs approximately	58	pounds,	and	is	48 inches	tall. My daughter’s	physical	condition	is Aicardi	syndrome,	a	rare	neurological	disorder	that	causes extremely	p oor	muscle	tone,	trunk	and	head	control,	and	motor	skills. As	a	result	of her physical condition, she needs	the	support	and	security	provided	by	an	FAA	Approved	C hild	Restraint,	but because	of	her weight	is	incapable	of	compliance	with	the	regulation. **I am	also	submitting	the**  **following	contact	information: Mark	and/or	Kathleen	Hodge**  **( parents** **) ,**  **5914	W.	Bent	Tree Drive,	Phoenix,	AZ,	85083**  **, e**  **- mail:	mdkfhodge@cox.net.**  I	understand	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 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. I	propose	that	Joanna be	allowed	to	occupy	an	FAA	Approved	Child	Restraint	(CARES, manufactured by	AmSafe,	Inc.),	even	though	she exceeds	the	manufacturer’s	weight	limits.	This ensu res	a	high	level	of	safety	for	Joanna and	a	high level	of	safety	for	the	other	passengers	and	crew o n	the	airplane.	In	fact,	in	Joanna ’s	case,	safety	is	greatly	enhanced	by	the	extra	support	and	security that	the	FAA	Approved	Restraint	System	will	provide	during	the	entire	flight. Enhancing	safety	for	Jo anna is	in	the	public	interest.	In	addition,	the	public	interest	is	also	served	by the	fact	that	the	use	of	this	FAA	Approved Child	Restraint	System	allows	her to	use	commercial	air transportation.	Without	the	support	and	security	of	the	FAA	Ap proved	Child Restraint	System,	she would	be	unable	to	fly	commercially. 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,	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	wei ghed	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	would	mean	that	it	would not	be	there	to	attenuate	the	energy	from	the	impact	of	the	person	seated	behind	the	perso n	using the	CARES	restraint).In	order	to	achieve	an	equivalent	level	of	safety	as	that	provided	by	the	affected	regulation,	I

propose	that	the	FAA	establish	a	limitation	in a	grant	to	this	petition	that	Joanna only	sits	in	a passenger	seat	with	no	passenger	seated	behind	her.	Therefore,	no	unsafe	condition	would	exist for a	passenger	seated	behind	Joanna while	she is	using	the	CARES	restraint.	I	also	propose	that	all operations	under	this	exemption	be conducted	with	at	least	one	of	Joanna’s parents	or	a	ca regiver accompanying	him	or	her.	In addition,	I	propose	that	Joanna’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 December	16

– 21,	2013,	for	Joanna’s	“Make	a Wish”	trip	to Orlando,	FL. 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	System	on	an	aircraft,	even	though	the	child	exceeds	the	weight limits	for	the	C RS.	Due	to	physical	challenges,	without	the	support	and	security	of	this	FAA Approved	Child	Restraint	System,	this	child	would	be	unable	to	fly.	We	request	that	this	child	be allowed	to	occupy	an	FAA	Approved	Child	Restraint	(CARES,	manufactured by	AmSafe, Inc.),	even though	she exceeds	the	manufacturer’s	weight	limits	of	44	pounds.	In	this	case,	the	safety	of	this child	is	greatly	enhanced	by	the	extra	support	and	security	that	the	FAA	Approved	Res traint	System will	provide	for	her during	the	flight.

Thank you	for	your	consideration	of	this	request. Sincerely, Kathleen	F.	Hodge 5914	W.	Bent	Tree	Drive Phoenix,	AZ	85083 (623)572

- 2680 mdkfhodge@cox.net