AFS-11-053-E 

Dec 13 2010 

 Exemption No. 10176 

 Regulatory Docket No. FAA-2010-1131 

Ms. Jodie Cerovich 

Parent of Christian Cerovich 

609 Autumnwood Trail 

Oshawa, ON 

L1K 3A9 

Dear Ms. Cerovich: 

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

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated October 28, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Christian Cerovich for an exemption from § 121.311(b) of Title 14, Code of 

Federal Regulations (14 CFR). That exemption, if granted, would allow Christian Cerovich to 

exceed the specified weight limit for an FAA-approved child restraint system (CAReS, 

manufactured by AmSafe Inc.) during use of that child restraint system aboard an 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 Christian Cerovich. 

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. 10056 (copy enclosed), the FAA 

found that the petitioner also required relief from § 121.311(b)(2)(iii)(B). This states, in part, 

“The child must be properly secured in the restraint system and must not exceed the specific 

weight limit for the restraint system.” The FAA recognized that compliance with this specific 
2 

requirement was the responsibility of the certificate holder, not the individual. However, in 

that unique situation, the FAA believed that the public interest was not served by requiring 

the petitioner to ask air carriers to petition the FAA on their behalf every time the petitioner 

wished to travel on a commercial air carrier. The FAA further found that the 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 don’t differ materially from those presented by the petitioner in the enclosed grant of 

exemption; 

 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 contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Mr. Christian Cerovich an exemption from 

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

under part 121 while Mr. Cerovich is aboard its aircraft is granted an exemption from 

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

specified weight limit for an FAA-approved child restraint system during use of that child 

restraint system aboard an aircraft. 

All operations under this exemption must be conducted with at least one of Mr. Cerovich’s 

parents or a caregiver accompanying him. Mr. Cerovich may only occupy a passenger seat 

with no passenger seated behind him. In addition, Mr. Cerovich’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 January 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service 

Enclosure