### Letter

**– Request to Use CARES for Larger/Older Persons:** 

**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 Nolan Harold Ramthun to be able to use an FAA Approved Child Restraint Sy stem even though he exceeds the height limits for the CRS. In addition, if my petition is granted, I request that an y air carrier or commercial operator operating under part 121 while Nolan Ramthun is ab oard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Nolan Ramthun to exceed the specified height limit for an FAA

- approved child restraint sy stem 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 Section 121.311 Seats, safety belts, and shoulder harnesses. My son is 3 year’s old, weighs 33 pounds, and is 43 inches tall. My son ’s p hy sical condition is as fol lows, he suffers from spastic quadriplegia cerebral pals y . As a result of his phy sical condition, he needs the support and security provided b y an FAA Approved Child Restraint, but because of his height 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 securel y 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 Nolan Ramthun be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc .), even though he exceeds th e manufacturer’s height limits. This ensures a high level of safety for Nolan Ramthun and a high level of safety for the other passengers and cre w on the airplane. In fact, in Nolan Ramthun ’s case, safety is greatl y enhanced by the extra support and securi ty that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Nolan Ramthun 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 s tem allows him to use commercial air transportation. Without the support and security of the FAA Ap proved Child Restraint Sy stem, he would be unable to fl y commerciall y. I also believe that, with certain limitations established by the FAA in a grant to thi s 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 b y someone who weighed several hundred pounds.
I also propose that all operations under this exemption be conducted with at least one of Nolan Ramthun’s parents or a caregiver accompanying him or her. In addition, I propose that Nolan Ramthun’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 30th . 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 su pport and security of this FAA Approved Child Restraint Sy stem, this child would be unable to fl y. We request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacture r’s height limits of 40 inches . In this case, the safety of this child is greatl y enhanced by the extra support and security that the FAA Approved Restraint S ys tem will provide for him during the flight.