**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 David LeDoux III to be able to use an FAA Approved Child Restraint Sy stem 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 David LeDoux III is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)( iii)(B) to the extent necessary to allow David LeDoux III 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 fro m which we seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses.
My son is __ 8 ___ year’s old, weighs __ 87 ___ pounds, and is __ 53

____ inches tall. My **son** ’s phy sical condition is as follows Anoxic brain injury resulting in no mobility

and minimal to no trunk control . As a result of his phy sical condition, he needs the support and securit y provided by an FAA Approved Child Restraint, but because of his weight is incapable of compliance with the regulation. I understand that the regulatio n 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 David LeDoux III be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s weight li mits. This ensures a high level of safety for David L eDoux III and a high level of safet y for the other passengers and crew on the airplane. In fact, in David LeDoux III ’s case, safety is greatl y enhanced b y the extra support and security that the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for David L edoux III 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 Approved Child Restraint Sy stem, he 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, the components of the CARES restraint are the same as those used in re straints 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 s eatback 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 wou ld 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 safety as that provided by the affected regulation, I propose that the FAA establish a lim itation in a grant to this petition that David LeDoux III onl y sits in a passenger seat with no passenger seated behind him . Therefore, no unsafe condition would exist for a passenger seated behind David LeDoux III while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of David LeDoux III parents or a caregiver accompanying him or her. In addition, Ipropose that David LeDoux III 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 on 10/30/2012 and 11/05/2012. 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 time frame. 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 Re straint 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 security of this FAA Approved Child Restraint Sy stem, this child would be unable to fl y. We request that this ch ild 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 support and securi ty that the FAA Approved Restraint S ys tem will provide for him during the flight.