AFS

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- 039

- E November 16, 2012

Exemption No. 10660

Regulatory Docket No. FAA

- 2012

- 1177

Ms. Jennifer Graham

Parent of David LeDoux III

808 Bieber Street , NE.

Salem, OR 97301

Dear Ms. Graham :

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

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

(FAA) on behalf of David LeDoux III for an exemption from § 121.311(b)(2)(iii)(B) of

Title 14, Code of Federal Regulations (14 CFR)

. That ex emp tion , if granted, would allow

David 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 David

.

The FAA has is sued 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 FAA2

found that numerous p eople with physical challenges had previously completed flights usi ng restraint systems that addressed unique physical needs regarding safety, support, and security

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 regardin g 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 f or 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 delegated to me, I he reby grant David LeDoux III exemption from

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

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

14 CFR § 121.311(b)(2)(iii)(B) to the e xtent necessary to allow David 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 David ’s parents or a caregiver accompanyi ng him

. David LeDoux III may only occupy a passenger seat with no

passenger se ated behind him

. In addition, David ’s parent or caregiver must carry a copy of

this exemption and advise the air carrier about the contents of the e xemption at least 48 hours

before the date of each flight.

This exemption terminates on Novem ber 30

, 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards

Service

Enclosure