AFS
- 12
- 461
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July 23, 2012 Exemption No. 10589 Regulatory

Docket No. FAA
- 2012
- 0 7 41

Ms. Mikael Stansfield Parent of Eleanor Stansfield 990 Bel Mar Drive Ogden, UT 84403 Dear Ms. Stansfield : This letter is to inform y ou that we have granted y our request for exemption. I t transmits our decision, explains its basis, and lists the conditions and limitations of the exemption, including the date it ends. **The Basis fo r Our Decision**  By letter received July 9 , 2012 , y ou petitioned the Federal Aviation Administrat ion (FAA) on behalf of Eleanor Stansfield for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR)
. That exemp tion , if gr anted, would allow Eleanor to exceed the specified weight limit for an FAA
- approved child restraint sy stem (CAReS, manufactured by AmSafe Corporation ) during use of that child restraint sy stem (CRS) aboard a United States (U.S.) aircraft. The FAA has dete rmined that good cause exists for not 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 detrimental to Eleanor
. The FAA has issued grant s of exemption in circumstances similar in all material respects to those presented in y our petition. I n Grant of Exemption No. 9834 (copy enclosed), the FAA found that numerous p eople with phy sical challenges had previously completed flights using2

restrai nt sy stems 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 the petition , if granted, would not set any new precedents regarding the use of restraint sy stems by persons with disabilities. Having reviewed y our reasons for requesting an exemption, I find that

—  they do not differ materially from those presented by

the petitioner in the enclosed grant.  the reasons stated by

the FAA for grantin g the enclosed exemption also apply to the situation y ou 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 Eleanor Stansfield exemption from 14 CFR § 121.311(b) (2)(iii)(B). In addition, any air carrier or commercial operator operating u nder part 121 while Eleanor is aboard its aircraft is gran ted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Eleanor to exceed the specified 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 Eleanor ’s parents or a caregiver accompanyin g her
. Eleanor Stansfield may only occupy a passenger seat with no passenger se ated behind her
. In addition, Eleanor ’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 30 , 2014 , unless sooner superseded or rescinded. Sincerely , /s/ Ray mond Towles. Acting Director, Flight Standards Service

Enclosure