## 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 Kylie 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, I request that any air carrier or commercial operator operating under part 121 while Kylie is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Kylie 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 daughter 's p hy sical condition is as follows, she has an undiagnosed disorder or s yndrome that affects her muscle tone. She has low muscle tone which affects her gross motor skills such as walking. Kylie is almost six y ears old and is about 49 lbs. As a result of her phy sical condition, she needs the support and securit y provided by an FAA Approved Child Restraint, but because of her weight is incapable of compliance with the regulatio n.
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 Ky lie be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe Corporation), even though she exceed s the manufacturer’s weight limits. This ensures a high level of safety for Ky lie and a high level of safety for the other passengers and crew on the airplane. In fact, in Kylie’s case, safet y is greatly enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight.

Enhancing safety

for Ky lie 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 her to us e commercial air transportation. Without the support and securit y 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 c an 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 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 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 limit ation in a grant to this petition that Kyl ie onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Ky lie while she is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of Ky lie’s parents or a caregiver accompan yi ng him or her. In addition, I propose that Ky lie’s parent or caregiver must

carr y a cop y of th is 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 (travel dates) . 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 Res traint 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 chi ld be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AMSAFE INC.), even though she 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 support and securit y that the FAA Approved Restraint S ys tem will provide for her during the flight.