AFS

- 13

- 314

- E May 13, 2013

Exemption No. 1076 6

Regulatory Docket No. FAA

- 20 1 3

- 03 24

Mr. Ken Shirtcliff

Parent of Joseph Shirtcliff

2849 Perlette Lane

Bend, OR 97701

Dear Mr. Shirtcliff :

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

B y letter received April 5 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA) on

behalf of Joseph Shirtcliff 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 all ow Joseph 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 exem ption would not set a precedent and any

delay in acting on this petition would be det rimental to Joseph

.

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 completed flights using

restraint systems that ad dressed 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 precedents regarding the use of restraint syste ms 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 stated by the FAA for granting the enclosed exe mption also apply to the

situation you 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 Joseph Shirtcliff exemption from

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

u nder part 121 while Joseph is aboard its aircraft is gra n ted an exemption from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow J oseph 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 Joseph ’s parents

or a caregiver accompanying him

. J oseph Shirtcliff may only occupy a passenger seat with no

passenger se ated behind him

. In addition, Joseph ’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 h ours

before the date of each flight.

This exemption terminates on May 31 , 2015 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Z enkovich

Acting Deputy Director, Flight Standards

Service

Enclosure