AFS

- 13

- 3 49

- E June 06, 2013

Exemption No. 1078 7

Regulatory Docket No. FAA

- 20 1 3

- 03 95

Ms

. Euna Kim

Parent of Hannah Kang

1813 Koehling Road

Northbrook, IL 60062

Dear Ms. Kim :

This letter is to inform you that we have granted your request for exemption. It transmits our

decision, explains its basis, and lists the conditions and limitations of the exemption,

including the date it ends.

The Basis for Our Decision

By letter rece ived April 26 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA)

on behalf of Hannah Kang for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of

Federal Regulations (14 CFR)

. That exemp tion , if granted, would allow Hannah to excee d the

specified weight limit for an FAA

- approved child restraint system (CAReS, manufactured by

AmSafe Corporation ) during use of that child restraint system (CRS) aboard a United States

(U.S.) aircraft.

The FAA has determined that good cause exists for n ot publishing a summary of the petition

in the Federal Register because the requested exem ption would not set a precedent and any

delay in acting on this petition would be det rimental to Hannah

.

The FAA has issued grants of exemption in circumstances simi lar in all material respects to

those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA

found that numerous p eople with physical challenges had previously completed flights using

restraint systems that addressed unique phy sical needs regarding safety, support, and security

in the same manner of operations as described in this petition. The FAA further found that the2

petition , if granted, would not set any new precedents regarding the use of restraint systems by

persons with disabilities.

Having reviewed your reasons for requesting an exemption, I find that

—

• they do not differ materially from those presented by the p etitioner in the enclosed grant;

• the reasons stated by the FAA for granting the enclosed exemption also apply to the

situation you present ; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority containe d in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegated to me, I hereby grant Hannah K ang exemption from 14 CFR

§ 121.311(b) (2)(iii)(B). In addition, any air carrier or commercial operator operating u nder

part 121 while Hannah is aboard its aircraft is gra n ted an exemption from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Hannah to exceed the

spec ified weight limit for an FAA

- approved CRS during use of that CRS aboard a U.S.

aircraft.

All operations under this exemption must be conducted w ith at least one of Hannah ’s parents

or a caregiver accompanying her

. Hannah K ang may only occupy a passenger seat with no

passenger se ated behind her

. In addition, Hannah ’s parent or caregiver must carry a copy of

this exemption and advise the air carrier about the contents of the exemption at least 48 hours

before the date of each flight.

This exemption termi nates on May 31 , 201 8 , unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Deputy Director, Flight Standards

Service

Enclosure