AFS

- 13

- 041

- E November 7, 2012

Exemption No. 10655

Regulatory Docket No. FAA

- 2012

- 1179

Mr. and Mrs. Chris Guerrero

Parent of Ryan Guerrero

1133 South Whipp oorwill Lane

Palatine, IL 60067

Dear Mr. and Mrs. Guerroro :

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,

includin g the date it ends.

The Basis for Our Decision

By letter received October 25, 2012 , you petitioned the Federal Aviation Administrat ion

(FAA) on behalf of Ryan Guerrero 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 Ryan

Guerrero 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 Sta tes (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 Ryan Guerrero

.

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 ha d previously completed 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 n ot 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 gran t.

• 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 Admin istrator

has delegated to me, I hereby grant Ryan Guerrero exemption from

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

u nder part 121 while Ryan Guerrero 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 Ryan Guerrero 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

Ryan Guerrero ’s parents or a caregiver accompanying him

. Ryan Guerrero may only occupy a

passenger seat with no passenger se ated behind him

. In addition, Ryan Guerrero ’s parent or

caregiver must carry a copy of this exemption and advise the air ca rrier about the contents of

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

This exemption terminates on November 30, 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovick

Acting Deputy Director, Flight Standards

Service

Enclosure