AFS-14-360-E July 29, 2014

Exemption No. 11031 Regulatory Docket No. FAA-2014-0456

Mr. Emanuel Jose Amador Fonseca Parent of Ethan Jose Chappell Fonseca

139 Simcoe Avenue

PO Box 290 Komoka, Ontario, Canada

N0L 1R0

Dear Mr. Fonseca:

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 received July 1, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of Ethan Jose Chappell Fonseca for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). That exem ption, if granted, would allow Ethan to exceed 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 not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent and any delay in acting on this petition would be detrimental to Ethan.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA found that numerous people with physical challenges had previously completed flights using restraint systems that addressed unique physical needs regarding safety, support, and security2

in the same manner of operations as described in this petition. The FAA further found that the petition, if granted, would not set any new precedence regarding the use of restraint systems by persons with disabilities.

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

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 9834;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9834 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, Ethan Fonseca is granted an exemption from § 121.311(b), that allows Ethan to exceed the specified weight limit for an FAA-approved CAReS, during use of that CRS aboard a U.S. aircraft. In addition, any air carrier or commercial operator operating under part 121 while Ethan is aboard its aircraft is granted an exemption from 14 CFR 121.311(b) to the extent necessary to allow him to use an FAA-approved CRS aboard

a U.S. aircraft.

All operations under this exemption must be conducted with at least one of Ethan’s parents or a caregiver accompanying him. Ethan Fonseca may only occupy a passenger seat with no passenger seated behind him. In addition, Ethan’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 terminates on August 31, 2019, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service

Enclosure