**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 Joseph Shirtcliff to be able to use an FAA**  **Approved Chil d Restraint System even though he**  **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 Joseph Shirtcliff**  **is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)**  **(iii)(B) to the extent necessary to allow Joseph**  **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 w**  **e seek relief is Section 121.311 Seats, safety belts, and shoulder**  **harnesses.**
**My son is**  **7 years old, weighs**  **45 pounds, and is**  **44 inches tall. My** 

**son ’s physical condition is as follows**  **: 1p36 Chromosome Deletion**  **Syndrome and cerebral palsy. As a result of hi s**  **physical condition, he**  **needs the support and security provided by an FAA Approved 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**  **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 turb ulent or**  **emergency conditions. I propose that**  **Joseph Shirtcliff 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 Jos**  **eph Shirtcliff and a high level of safety for the**  **other passengers and crew on the airplane. In fact, in**  **Joseph Shirtcliff** **’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 Joseph Shirtcliff**  **is in the public interest. In addition, the public interest is also ser** **ved by the fact that the use of this FAA Approved**  **Child Restraint System allows him to use**  **commercial air transportation. Without the support and security of the FAA Ap**  **proved Child Restraint System, he would be unable to fly**  **commercially.**

**I also believe th at, 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 p**  **ounds. 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 establ**  **ished 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 CA RES 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 safe ty as that provided by**  **the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that**  **Joseph Shirtcliff only sits in a passenger**  **seat with no passenger seated behind her. Therefore, no unsafe condition would exist f** **or a passenger seated behind Joseph**  **while he**  **is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one**  **of Joseph’s**  **parents or a caregiver accompanying him or he**  **r. In addition, I propose that Joseph**  **’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**  **July 26 through August 5 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 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 physical challenges, without the support and security 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 by AmSafe, Inc.),**  **even though he exceeds the manufacturer’s weight limits of 44** **pounds. In this case, the safety o f this child is greatly enhanced by the** 

**extra support and security that the FAA Approved Restraint System will provide for**  **him during the flight.**