### Request to Use CA **RES 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 Suchir Kumar to be able to use an FAA Approved Chil d Restraint System even though he exceeds the weight limits for the CRS. In addition, if m y petition is granted, I request that any air carrier or commercial operator operating under part 121 while Suchir Kumar is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii) (B) to the extent necessary to allow Sushir Kumar 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, safety belts, and shoulder harnesses.
My son is 11 year’s old, weighs 58 pounds, and is 46 inches tall. My son ’s ph ys ical condition is as follows: Cerebral Pals y, Seizure Disorder, Spastic

- Quadriplegic. As a result of his physical condition, he needs the support and security provided by an FAA Approved C hild Restraint, but because of his weight is incapable of compliance with the regulation. **I am**  **also submitting**  **the following**  **contact information:**  **Ashok Kumar**  **(dad) ,**  **555 West**  **53 rd**  **Street, #945,**  **New York,**  **NY 10019,**  **cell phone**  **646 -**  **853 -**  **7094.** I understand that the regulation is written to create a high level of safety 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 by being thrown into them during turbulent or emergency conditions.
I propose that Suchir Kumar be allowed to occupy an FAA Approved Ch ild Restraint (CARES, ma nufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety

for Suchir Kumar and a high level of safety for the other passengers and crew on the airplane. In fact, in Su c hir ’s case, safety is greatly enhanced by the extra support and security that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety for Suchir is in the public interest. In addition, the public interest is also served by the fact that t he use of this FAA Approved Ch il d Restraint System allows Suchir to use commercial air transportation. W ithout the support and security of the FAA Ap proved Child Restraint System, he would be unable to fly 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 by the affected regulation. The CARES restraint has been certified by the manufacturer for use by children 22

- 44 poun ds. However, the components of the CARES restraint are the same as those used in restraints for adults on aircraft and would maintain their integrity if used by someone who weighed several hundred pounds.I believe that the limit of 44 pounds was establish ed 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 mi ght 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 Suchir Kumar only sits in a passenger seat wi th no passenger seated behind him . Therefore, no unsafe condition would exist for a pas senger seated behind Suchir while he is using the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of Suchir’s parents or a caregiver accompanying him. In addition, I propose that Suchir’s parent or ca regiver 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. W e want to travel July 11
- 17, 2014 as part of Suchir’s Make

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- Wi sh sponsored trip. If yo u 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 FA R 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 challenges, without the support and security of this FAA Approved Ch ild Restraint System, this child would be unable to fly. W e request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though he exceeds the ma nufacturer’s weight limits of 44 pounds. In this ca se, the safety of this child is greatly enhanced by the extra support and security that the FAA Approved Res traint System will provide for him during the flight. Thank you for your consideration of this request.

Kelly McCabe Associate, Wi sh Granting Make
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-Wi sh Metro New York & We stern New York 1111 Marcus Avenue, Suite LL22 Lake Success, NY 11042 Tel: 516
- 944
- 6212 ext. 121 Fax: 516
- 944
- 6441