4-10-2014

Docket Number: FAA-2012-0763

Letter – Request to Use CARES for Larger/Older Pers ons: Request to Use CARES for Larger/Older Persons

I am writing to request an extension for the exemption from 14 CFR § 121.311(b) to the extent required for Stephen Czerniejewski to be abl e to use an FAA Approved Child Restraint System (CRS) ev en 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 Stephen Czerniejews ki is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to th e extent necessary to allow Stephen Czerniejewski t o exceed the specified weight limit for an FAA-approved child restraint system during use of t hat child restraint system aboard an aircraft.

I believe the pertinent section from 14 CFR part 12 1 from which we seek relief is Section 121.311 Seat s, safety belts, and shoulder harnesses.

My son, Stephen Czerniejewski , has a physical condition is as follows – Cerebral Palsy with unstable upper trunk. He is 17 years ol d and is 65 inches tall and weighs 70 lbs. As a result of his physical condition, he needs the support and securi ty provided by an FAA Approved Child Restraint, but because of his weight & height he is incapable of compliance with the regulation.

I understand that the regulation is written to crea te a high level of safety for each individual passe nger by ensuring that they are securely restrained in their seats during all phases of flig ht. The regulation also ensures that an individual does not cause harm to other passengers on the airplane by being thrown into them during turbu lent or emergency conditions.

I propose that Stephen Czerniejewski be allowed to occupy an FAA Approved Child Restra int (CARES, manufactured by Am Safe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Stephen Czerniejewski and a high level of safety for the other passengers and crew on the airplane. In f act, in Stephen’s case, safety is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide during t he entire flight.

Enhancing safety for Stephen Czerniejewski 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 System allows him to u se commercial air transportation. Without the suppo rt and security of the FAA Approved Child Restraint System, he would be unable to fly c ommercially.

I also believe that, with certain limitations estab lished by the FAA in a grant to this petition, ther e can be an equivalent level of safety to that provided by the affected regulation. The CARES rest raint has been certified by the manufacturer for us e 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 establish ed because, with the additional weight of the child attached to the seatback, the seatback would move forward more quickly in an accident scen ario and this might cause a higher HIC load for the person seated in the seat behind the passenger using the CARES restraint (because the se atback moving forward more quickly would mean that it would not be there to attenuate the energy from the impact of the person seated beh ind the person using the CARES restraint).

In order to achieve an equivalent level of safety a s that provided by the affected regulation, I propo se that the FAA establish a limitation in a grant to this petition that Stephen Czerniejewski only sits in a passenger seat with no passenger se ated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Stephen while he is using the CARES restraint. I a lso propose that all operations under this exemption be conducted with at least one of Stephen ’s parents or a caregiver accompanying him or her. In addition, I propose that Stephen’s parent or caregiver must carry a copy of this exemp tion.

While we have no current flight plans, we are plann ing a trip for this fall/winter to New York. My si ster originally made this request for me and she received a postcard requiring us to submit this request for extension before the exemption expires on July 31, 2014. Please consider this letter our official request for that extension.

Thank you in advance for consideration of this exem ption for our future flight travel plans.

Greg Czerniejewski

H: 919-401-4994

W: 919-325-3500 X53537

C: 919-225-7972