AFS-11-404-E August 29, 2011

Exemption No. 10344 Regulatory Docket No. FAA-2011-0815

Mr. Nathan Andrew Streeter 767 Mulberry Lane Davis, CA 95616

Dear Mr. Streeter:

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 July 27, 2011, you petitioned the Federal Aviation Administration (FAA) for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). The exemption, if granted, would permit you to travel in either a Tumble Forms Carrie Seat Junior or a Columbia Medical 2400 Spirit Adjustable Positioning System APS Car Seat, without your occupying an FAA-approved seat or berth with a separate belt properly secured about you during movement on the surface, takeoff, and landing. The FAA finds that you also require relief from § 135.128(a).

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 you.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 7831 (copy enclosed), the FAA found that the proposed exemption provided an equivalent level of safety to the affected section. In this grant, the airplane seatbelt required by § 121.311(b) that was to be fastened

about the individual would instead secure eith er the Ortho Kinetics Travel Chair Model 6332 or the MERU Travel Chair into the passenger seat.2

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. 7831;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 7831 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. Nathan Andrew Streeter an exemption from 14 CFR §§ 121.311(b) and 135.128(a) to the extent necessary to permit him to travel in either a Tumble Forms Carrie Seat Junior or a Columbia Medical 2400 Spirit Adjustable Positioning System APS Car Seat without him occupying an FAA-approved seat or berth with a separate belt properly secured about him during movement on the surface, takeoff, and landing, subject

to the conditions and limitations described below.

Conditions and Limitations

1. Nathan, while seated in either the Tumble Forms Carrie Seat Junior or Columbia Medical 2400 Spirit Adjustable Positioning System APS Car Seat, must be secured with the travel chair’s internal restraint system. The Tumble Forms Carrie Seat Junior or Columbia Medical 2400 Spirit Adjustable Positioning System APS Car Seat must be secured in the airplane passenger seat by means of the airplane passenger seatbelt in accordance with the instructions provided with the Tumble Forms Carrie Seat Junior or Columbia Medical 2400 Spirit Adju stable Positioning System APS Car Seat.

2. A parent or guardian must accompany Nathan on each flight conducted under this exemption. Nathan’s parent or guardian must carry a copy of this exemption while on

board the aircraft.

This exemption terminates on August 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure