U.S. Department 

of Transportation 

Federal Aviation 

Administration 

September 4, 2015 

Ms. Sharon Rai 

Caregiver of Caleb Rai 

10171 Number Five Road 

Richmond, BC V7A 4£3 

Dear Ms. Rai: 

Exemption No. 12762 

800 Independence Ave .. S W 

Washington. DC 20591 

Regulatory Docket No. F AA-20 15-3377 

This letter is to infonn 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 posted to the docket on August 6, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Caleb Rai for an exemption from§ 121.3ll(b) ofTitle 14, 

Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Caleb to 

exceed the specified weight and/or height 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. 

In Caleb's case, although he is currently 15 years old, he will be over 18 years old before this 

exemption terminates; therefore, an exemption must also be granted from the requirement in 

§ 12 1.31 1(b) that the individual be a "child". However, the reasons for requesting this 

exemption do not differ materially from those presented by other petitioners and the reasons 

stated by the FAA for granting other exemptions also apply to the situation you present. 

The FAA has determined that good cause exists for not publishing a summary ofthe 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 Caleb. 

AFS-1 5-3464-E 
2 

The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grants of Exemption Nos. 7831 and 8264 (copies 

enclosed), the FAA found that numerous people with physical challenges had previously 

completed flights using restraint systems. The use of these restraint systems addressed unique 

physical needs regarding safety, support, and security in the same mrumer of operations as 

described in this petition. The FAA further found that the petition would not set any new 

precedents regarding the use of restraint systems by persons with disabilities. 

Having reviewed yom; reasons for requesting an exemption, I find that-

• they are similar in all material respects to relief previously requested in the enclosed 

Grants of Exemption Nos. 7831 ru1d 8264; 

• the reasons stated by the FAA for granting the enclosed Grants of Exemption Nos. 7831 

and 8264 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. §§ 106(t), 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Caleb Rai an exemption from § 121.311 (b). 

In addition, any air caiTier or commercial operator operating under part 121 while Caleb is 

aboard its aircraft is granted an exemption from 14 CFR § 121.311 (b) to the extent necessary 

to allow him to exceed the specified weight and/or height limit for an FAA-approved CRS 

during use aboard a U.S.-registered aircraft. 

All operations under this exemption must be conducted with Caleb's parent or a caregiver 

accompanying him. Caleb may only occupy a passenger seat with no passenger seated behind 

him. ln addition, Caleb'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 31, 2020, unless sooner superseded or rescinded. 

Sincerely, 

John Barbagallo 

Deputy D:irector, Flight Standards Service 

Enclosures