U.S

.Deportment of Transportation Federal Aviation Administration 

### March 27 , 2015

Ms. Lorraine G. Hendrickson Parent ofNicholas 

### J. Gard 1351 East Anderson Drive Palatine , IL 60074 Dear Ms. Hendrickson: Exemption No. 11246 800 I ndependen c e Ave

. . S w Wash ington

. D

.C

. 2059 1



### Regulatory Docket No. FAA-20 15-0628

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 posted to the docket on March 12 , 2015 , you petitioned the Federal Aviation Admini s tration (FAA) on behalf of your son Nicholas 

### J. Gard for an exemption from 

### § 121.311 (b) of Title 14 , Code of Federal Regulations (14 CFR). That exemption , if granted , would allow Nicholas 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 Nicholas ' case, although he is currently 14 years old , he will be over 18 years old before this exemption t e rminates; therefore , an exemption must also be granted from the requirement in 

### § 121.311 (b) that the individual be a " child "

. However, the reasons for requesting this exemption do not differ materially from those pre sented 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 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 Nicholas.

AFS-15-812-EThe FAA has issued grants ofexemption 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 comp leted fli ghts using restraint systems. 

### 2

T he use of these restraint systems addressed unique physical needs regarding safety, support, and securi ty in the same manner of operati ons as described in this petiti on. The FAA further found that the petition wou ld not set any new precedents regarding the u se of restraint systems by persons w ith disabilities. Having reviewed your reason s for requesting an exemption , I find that

- • they are s imilar in all material re spects to re li ef previously requested in the enclosed Grant of Exemption Nos. 783 1 and 8264; • the reasons stated by the FAA for grantin g the enc losed Grant of Exemption Nos. 7831 and 8264 also app ly to the situation you present; and • a grant ofexemption is in the public interes t. 

### Our Decision Under the authority contai ned in 49 U.S.C. 

### §§ 106(t) , 40113 and 44701 , which the FAA Administrator has delegated to me , I hereby grant Nicholas 1. Gard an exe mption from 

### § 121.311 (b). In addition, any air carrier or commercial operator operating under part 121 whi le Nicho las is aboard its a ircraft 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 FAAapproved CRS during u se aboard a U.S.-registered aircraft. All operations under this exemption must be conducted with Nicholas ' par e nt or a caregiver accompanying him

. Nicholas J. Gard may only occupy a passenger seat with no passenger sea ted behind him. In add itio n, Nicholas ' parent or care g iver mu st carry a co py of this exemption and advise th e air carrier about the con t ents of the exemption at least 48 hours before the date of each t1ight. This exemption terminates o n March 3 1 , 2020 , unless sooner s uperseded or rescinded. Sincerely,

John Barbagallo Acting Deputy D:irector, Flight Standards Service E nclo s ur es