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 exemption, 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 security 
2 

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