I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for

Emmanuel Sifuentes to be able to use an FAA Approved Child Restraint Sy stem even though Emmanuel 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 Emmanuel is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Emmanuel 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 relief is Section 121.311 Seats, safet y belts, and shoulder harnesses.

My s on is 7 y ear’s old, weighs 66 pounds, and is 50 inches tall. My son’s ph ys ical condition is as follows he has cerebral palsy wheelchair bound. As a result of his phy sical 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 am also submitting the following contact information:**  **Salvador Sifuentes ,**  **31332 Victor Road Cathedra l City Ca 92234**  **and s.sifuentes@hotmail.com.** 

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 Emmanuel 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 Emmanuel and a high level of safet y for the other passengers and crew on the airplane. In fact, in Emmanuel ’s case, safety is greatl y enhanced by

the extra support and securit y that the FAA Approved Restraint Sy stem will provide during the entire flight.

Enhancing safety

for Emmanuel 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 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 b y the FAA in a grant to this petition, there can be an equivalent level of safet y 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 CARE S 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 the passenger using the CARES restraint (because the seatback moving forward more quickly wouldmean 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 Emmanuel only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Emmanuel while he is u sing the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Emmanuel’s parents or a caregiver accompan yi ng him or her. In addition, Ipropose that Emmanuel’s 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 between 9/20/15 thru 12/20/15. 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 Ap proved 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 support and securit y of this FAA Approved Child Restraint Sy stem, this child would be unable to fl y. We reque st 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 safet y of this child is greatl y enhanced by the extra sup port and securit y that the FAA Approved Restraint S ys tem will provide for him during the flight.

Thank y ou for y our consideration of this request.