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**Request to Use CARES Child Restraint System for Larger/Older Persons**
**We are writing to request an exemption from 14 CFR § 121.311**  **(b) to the extent required for Jonathan**  **W. Bernau**  **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 our petition is granted, we request that an y air carrier or commercial operator operating under part 121 while Jonathan is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii )(B) to the extent necessary to allow Jonathan 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. We believe the pertinent section from 14 CFR part 121 from which w e seek relief is Section 121.311 Seats, safet y belts, and shoulder harnesses.
Our son is fifteen ye ar’s old, weighs 80 pounds, and is 49 inches tall. Our son ’s phys ical condit ion is as follows: Jonathan was born with Spina Bifida with Arnold Ch i ari malformation and is paral yz ed from the waist down. Because of his severe scoliosis, he has undergone a sixteen vertebrae spinal fusion which significantl y limits his upper body movement. As a result of a major seizure ten ye ars ago, his motor skills are also limited. These phy sical conditions require the support and securit y provided b y an FAA Approved C hild Restraint, but because of his weight is incapable of compliance with the regulation. We are also submitting the following contact information: Jeremy and Lynn Bernau Email: jbernau@sbcglobal.net 501 Falcon Crest Lane El Dorado Hills, CA 95762
We understand that the regulation is written to create a high level of safety 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 caus e harm to other passengers on the airplane b y being thrown into them during turbulent or emergency conditions.
We propose that Jonathan be allowed to occup y an FAA Approved Child Restraint (CARES, manufactured by

AmSafe, Inc.), even though he exceeds the manufacturer’s weight limits. This ensures a high level of safety for Jonathan and a high level of safety for the other passengers and cre w on the airplane. In fact, in Jonathan ’s case, safet y is greatly enhanced by the extra support and securit y that the FAA Approved Restraint System will provide during the entire flight. Enhancing safety

for Jonathan 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 use2

commercial air transportation. Without the support and security of the FAA Ap proved Child Restraint Sy stem, he would be unable to fl y commerciall y. We 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 provi ded by the affected regulation. The CARES restraint has been certified b y the manufacturer for use b y children 22

- 44 pounds. 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 b y someone who weighed several hundred pounds. We believe that the limit of 44 pounds was established because, with the additional weight of the child attached to the seatbac k, the seatback would move forward more quickly 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 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 safet y as that provid ed by the affected regulation, we propose that the FAA estab lish a limitation in a grant to this petition that Jonathan only sits in a passenger seat with no passenger seated behind him . Therefore, no unsafe condition would exist for a passenger seated behind Jonathan while he is using the CARES restraint. We also propose that all operations under this exemption be conducted with at least one of Jonathan’s parents or a caregiver accompan yi ng him. In addition, we propose that Jonathan’s parent or caregiver must carry a cop y of this exemption.
We also request that the processing of this petition not be delay ed for publication and comment in the Federal Re g ister. We want to travel May 13

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. 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, we 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 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 Child Restraint System, this child would be unable to fly. We request that this child 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 safety of this child is greatly enhanced by the extra support and security that the FAA A pproved Res traint System will provide for him during the flight. Thank you for your consideration of this request.