### 11/06/2012

**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 Bonnie Shields to be able to use an FAA Approved Child Restraint Sy stem even though she exceeds the weight limits for the CRS. In addition, if my petition is granted, Irequest that an y air carrier or commercial operator operating under part 121 while Bonnie Shields is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Bonnie Shields 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 aunt is 60 y ear’s old, weighs 130 pounds, and is 66 inches tall. My **aunts** ’s phy sical condition i s as follows paralyzed from Multiple Sclerosis . As a result of her phy sical condition, she needs the support and securit y provided b y an FAA Approved Child Restraint, but because of her weight is incapable of compliance with the regulation. I understand th at 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 othe r passengers on the airplane b y being thrown into them during turbulent or emergency conditions. I propose that Bonnie Shields be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits. This ensures a high level of safety for Bonnie Shields and a high level of safet y for the other passengers and crew on the airplane. In fact, in Bonnie Shields ’s case, safety is greatly enhanced by the extra suppo rt and securit y that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety

for Bonnie Shields 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 her to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, she 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. The CARES restraint has been certified by the manufacturer for use by children 22

- 44 pounds. However, thecomponents 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 the passenger using the CARES restraint (because the seatback moving forward mor e 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 prop ose that the FAA establish a limitation in a grant to this petition that Bonnie Shields only sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Bonnie Shields while she is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Bonnie Shields parents or a caregiver accompan yi ng him or her. In addition, Ipropose that Bonnie Shields parent or caregiver must carry a cop y 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 in the month of December 2012 . If you take the time to put this in the Federal Register, it wi ll 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 support and securit y 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 Bonnie Shields exceeds the manufacturer’s weight limits of 44 pounds. In this case, the safet y of this child is greatly enhanced by the extra support and security that the FAA Approved Restraint Sy stem will provide for Bonnie Shields during the flight.

Francine Brown
PO Box 761 Cle Elum, WA 98922
509

- 460

- 6470 francinebrown@centurylink.net