**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 **Elias Bird**  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 m y petition is granted, I request that an y air carrier or commercial operator operating under part 121 while Elias is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Elias to exceed the specified weight 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 relie f is Section 121.311 Seats, safet y belts, and shoulder harnesses. My son is 5 y ears old, weighs 47 pounds, and is 43 inches tall. My **son** ’s phy sical condition is as follows : Pitt Hopkins Sy ndrome which includes; Mental and ph ys ical retardation, lack of spe ech, and Autistic traits . As a result of his phy sical condition, he needs the support and securit y provided b y an FAA Approved Child Restraint, but because of his weight is incapable of compliance with the regulation. **I am also submitting the following co ntact information:**  **Heather Bird**

**– mother 23 Seitler Drive, Kenora, ON CANADA P9N0H4 Email;**  **belizeanchicken@yahoo.ca** I understand that the regulation is written to create a high level of safety for each individual passenger b y ensuring that they are sec urel 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 Elias be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Elias and a high level of safet y for the other passengers and crew on the airplane. In fact, in Elias ’ case, safet y is greatly enhanced by

the extra support and securit y that the FAA Approved Restraint System will provide during the entire flight. Enhancing saf

ety for Elias 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 Sy stem allows him to use commercial air transportation. Without the support and security of the FAA Appro ved 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 this petition, there can be an equivalent level of safety to that provided by the affected regulation. Th e 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 integrit y if used b y 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 quickly in an accident scenario and this might cause a higher HIC load for the person seated in the seat behind thepassenger 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 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 Elias only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Elias while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Elias’ parents or a caregiver accompan yi ng him or her. In addition, I propose that Elias’ parent or caregiver must carry a copy 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 earl y Ma y 2015 . 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 Sy stem on an aircraft, even though the child exceeds the weight limits for the CRS. Due to phy sical and mental challenges, without the support and securit y of this FAA Approved Child Restraint System, this child would be unable to fly. We request that this child be allowed to occup y 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 greatly enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide for him during the flight. Thank you for your consideration of this request.

Sincerel y,

Heather Bird 23 Seitler Drive Kenora, ON
CANADA
P9N0H4 belizeanchicken@yahoo.ca