**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 James Richard Worrell, III, to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds the weight li mits for the CRS. In addition, if my petition is granted, I request that any air carrier or commercial operator operating under part 121 while James Richard is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent ne cessary to allow James Richard to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint s ys tem aboard an aircraft. I believe the pertinent section from 14 CFR part 121 from which we seek relief is S ection 121.311 Seats, safet y belts, and shoulder harnesses.
My son is 7 year’s old, weighs 46 pounds, and is 49 inches tall. My **son** ’s phy sical condition is as follows : cerebral pals y with movement disorder and visual impairment. As a result of his phy sic al condition, he needs the support and securit y provided by an FAA Approved Child Restraint, but because of his w eight is incapable of compliance with the regulation. I understand that the regulation is written to create a high level of safety for each ind ividual 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 to other passengers on the airplane b y being thrown into them during turbulent or emergency

conditions. I propose that James Richard 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 James Richard and a high level of safet y for the other passengers and crew on the airplane. In fact, in James Richard ’s case, safet y is greatly enhanced by the extra support and securit y that the FAA Approved Restraint Sy stem will provide during the entire flight.

Enhanc ing safety

for James Richard is in the public interest. In addition, the public interest 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 o f the FAA Approved Child Restraint Sy stem, he would be unable to fl y 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 weighed 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 quickl y in an accident scenario and th is 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 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 safety as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that James Richard only

sits in a passenger seat wi th no passenger seated behind him. Th erefore, no unsafe condition would exist for a passenger seated behind James Richard while he is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of James Richard’s parents or a caregiver accompan yi ng him or her. In addition, I propose that James Richard’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 March 23 rd

- 29 th , 2013 . 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

i n 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 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 AmSaf e, 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.