AFS

- 13

- 400

- E July 24, 2013

Exemption No. 10834

Regulatory Docket No. FAA

- 20 1 3

- 0 4 98

Ms

. Susan Fideck

Parent of Jonathan Terrance William Fidek

1023 Kingsmere Road

Saskatoon, S askatchewan S7J 5A7

Dear Ms. Fideck :

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.

Th e Basis for Our Decision

By letter received May 31 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA)

on behalf of Jonathan Terrance William Fidek 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

Jonathan 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.) air craft.

The FAA has determined 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 det rimental to Jonathan

.

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 p eople with physical challenges had previously comple ted flights using

restraint systems that addressed unique physical 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 prec edents 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 petitioner in the enclosed grant.

• the reasons stat ed 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 delega ted to me, I hereby grant Jonathan Terrance William Fidek an exemption from

§ 121.311(b). In addition, any air carrier or commercial operator operating under part 121

while Jonathan is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) t o 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 w ith at least one of Jonathan ’s parents

or a caregiver accompanying h im

. Jonathan Terrance William Fidek may only occupy a passenger seat with no passenger se ated behind h im

. In addition, Jonathan ’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 , 201 8 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich

Deputy Director, Flight

Standards Service

Enclosure