**May 12, 2104**

To Whom It May

Concern: **Request to Use CARES Child Restraint System for Larger/Older Persons**
I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Eva Von Flotow to be able to use an FAA Approved Child Restra int 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 Eva von Flotow is aboard its aircraft is granted an exemption fro m 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Eva von Flotow to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint sy stem aboard an aircraft. I believe the pertinent section f rom 14 CFR part 121 from which we seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses. My daughter is 13 year’s old, weighs 76 pounds, and is 56 inches tall. My daughter ’s ph ys ical condition is as follows : Eva has quadriplegic cereb ral pals y with d ys tonia , a movement disorder. She is unable to sit upright without some support. As a result of her phy sical condition, she needs the support and security

provided by

an FAA Approved Child Restraint, but because of her weight is incapable o f compliance with the regulation. **I am also submitting the following contact information:**  Lynne von Flotow , 21 Strawberry L ane, Whitehorse, Yukon Territory , Canada, Y1A 5W4 ly

nnevonflotow@yahoo.ca I understan d 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 Eva von Flotow be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though she exceeds the manuf acturer’s weight limits. This ensures a high level of safety for Eva von Flotow and a high level of safet y for the other passengers and crew on the airplane. In fact, in Eva von Flotow ’s case, safety is greatly enhanced by the extra support and securit y th at the FAA Approved Restraint Sy stem will provide during the entire flight. Enhancing safety

for Eva 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 fly commercially

. I also believe that, with certain limitations established by the FAA in a grant to this petition, th ere 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, th e 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 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 safety as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that Eva von Flotow onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Eva while she is using the CARES restraint. I also propos e that all operations under this exemption be conducted with at least one of Eva von Flotow’s parents or a caregiver accompan yi ng him or her. In addition, Ipropose that Eva’s parent or caregiver must carry a copy of this exemption.
I also request that th e processing of this petition not be delayed for publication and comment in the Federal Register. We want to travel August 2014. 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 ti meframe. 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 thou gh 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 child 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 security that the FAA Approved Restraint S ys t em will provide for her during the flight. Thank you for your consideration of this request. Sincerel y, Lynne von Flotow

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