I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for

( **Noor**) 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, Ireque st that any air carrier or commercial operator operating under part 121 while ( **Noor** ) is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow (

**Noor** ) 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 from 14 CFR part 121 from which we seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses.
My ( **son** ) is __11___ ye ar’s old, wei ghs _46____ pounds, and is __48

____ inches tall. My **(son** )’s ph ys ical condition is as follows ( he had hy poxic ischemic encephalopathy caused b y a pneumonia which left him unable to walk , talk or to be on his own, during day hours he is sit ting upright on his wheelchair which designed with 2 arms on both sides which prevent him from moving and give him extra support to keep his upper body in the chair in upright position , so we do no t have to use a restraint sy stem, some times we used a car seat when going outside, in general Noor needs extra support to keep his body upright on a couch or chair, we used cushions and blanket to do so ). As a result of ( **his** ) phy sical condition, ( **he** ) needs the support and securit y provided b y an FAA Approved Chi ld Restraint, but because of ( **his** ) weight is incapable of compliance with the regulation. 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 securely restrained in their seat s 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 (

**Noor** ) be allowed to occup y an FAA Appr oved 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 ( **Noor** ) and a high level of safety for the other passengers and crew on the airplane. In fact, in ( **Noor** )’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 ( **Noor** ) 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 ( **him** ) to use commercial air transportation. Without the support and security of the FAA Approved Child Restraint Sy stem, ( **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 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 sameas 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 estab lished 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 higher HI C load for the person seated in the seat behind the passenger using the C ARES restraint (because the seatback moving forward more quickl y 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 saf et y as that provided by the affected regulation, I propose that the FAA establish a limitation in a grant to this petition that ( **Noor**) onl y sits in a passenger seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passe nger seated behind ( **Noor**) while ( **he** ) is using the CARES restraint. Ialso propose that all operations under this exemption be conducted with at least one of (

**Eman, Ahmad**

) parents or a caregiver accompan yi ng him or her. In addition, Ipropose that (

**Eman, Ah mad** 

) 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 ( **April, 2013** ). If you take the time to put this in the F ederal 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 requir ed 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 phy sical challenges, without the support and securit y of this FAA Approved Child Restraint Sy stem, this child w ould be unable to fly . We request that this child be allowed to occupy an FAA Approved Child Restraint (CARES, manufactured b y 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 b y the extra support and security that the FAA Approved Restraint Sy stem will provide for (

**Noor**) during the flight