AFS

- 12

- 551

- E October 18, 2012

Exemption No. 10647

Regulatory Docket No. FAA

- 2012

- 1020

Ms. Kelly P. Auz

Parent of Mateo A Coello Auz

3259 Vishaal Drive

Orla ndo, FL 32817

Dear Ms. Auz :

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 f or Our Decision

By letter received September 14, 2012 , you petitioned the Federal Aviation Administrat ion

(FAA) on behalf of Mateo A Coello Auz 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

Mateo A Coello Auz 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 Mateo A Coello A uz

.

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 co mpleted flights using

restraint systems that addressed unique physical needs regarding safety, support, and security2

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 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 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 containe d in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has de legated to me, I hereby grant Mateo A Coello Auz exemption from

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

u nder part 121 while Mateo A Coello Auz is aboard its aircraft is gra n ted an exemption from

14 CF R § 121.311(b)(2)(iii)(B) to the extent necessary to allow Mateo A Coello Auz 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 o ne of

Mateo A Coello Auz’s parents or a caregiver accompanying him

. Mateo A Coello Auz may only occupy a passenger seat with no passenger se ated behind him

. In addition, Mateo A

Coello Auz’s parent or caregiver must carry a copy of this exemption and ad vise the air carrier

about the contents of the exemption at least 48 hours before the date of each flight.

This exemption terminates on October 31, 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards

Service

Enclosure