**Make -**  **A -** **Wish ®** 

**Mi ssouri**  13523 Barrett Parkway Dr., Suite 241 Ballwin, MO 63021 (314)205

- 9474 phone (314)205

- 9475 fax mo .wish.org



## Share the Power of a Wish ® **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 Emmanuel Elmonis to be able to use an FAA Approved Child Restraint System even though he exceeds the weight limits for the CRS. I

n addition, if my

petition is granted, I request that any air carrier or commercial operator operating under part 121 while Emmanuel is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Emmanuel to exceed the specified weight limit for an FAA

- approved child restraint s ys tem during use of that child restraint system 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 son is 17 year s old, weighs 83.77 pounds, and is 56.5 inches tall. My son ’s phy sical condition is as follows severe CP, severe scoliosis, and secondary restrictive lung disease . As a result of his phy sical condition, he needs the support and security provided by

an FAA Approved Child Restraint, but because of his weight is incapable of compliance with the regulat ion. **I am also submitting the following contact information:**  **Lumane and/or Raymond Elmonis ,**  **5301 Sterling, Raytown, MO, 65133 and**  **athorne@mo.wish.org.** I understand that the regulation is written to create a high level of safet y for each individual passenger by ensuring that they

are securely

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 emergen cy conditions. I propose that Emmanuel Elmonis be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured b y AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Emmanuel and a high level of safet y for the other passengers and crew on the airplane. In fact, in Emmanuel ’s case, safet y is greatly enhanced b y the extra support and security that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety

for Emmanuel 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 use commercial air transportation. Without the support and security of the FAA Approved C hild Restraint System, he would be unable to fl y commercially

. 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 b y the affected regulation. The CAR ES restraint has been certified b y the manufacturer for use b y children 22

- 44 pounds. However, the components of the**Make -**  **A -** **Wish ®** 

**Mi ssouri**  13523 Barrett Parkway Dr., Suite 241 Ballwin, MO 63021 (314)205

- 9474 phone (314)205

- 9475 fax mo .wish.org



## Share the Power of a Wish ® 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 quickl y in an accident scenario and this might cause a hig her 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 pe rson 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 limitation in a grant to this petition that Emmanuel only sits in a passenger seat with no pa ssenger seated behind her. Therefore, no unsafe condition would exist for a passenger seated behind Emmanuel while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Emmanuel’s parents or a caregiver accompany ing him or her. In addition, I

propose that Emmanuel’s parent or caregiver must carry a copy 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 September 28, 2015

- October 4, 2015. If y ou 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 su bmit 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 System on an aircraft, even though the child exceeds the weight limits for the CRS. Due to physical challe nges, 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 occup y an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exc eeds the manufacturer’s weight limits of 44 pounds. I n this case, the safety of this child is greatl y enhanced by the extra support and security that the FAA Approved Restraint Sy stem will provide for him during the flight. Thank you for your consideration of this request. Amanda Thorne Make

- A

- Wish Missouri On behalf of: Lumane and Ray mond Elmonis