AFS-13-100-E

January 2, 2013

 Exemption No. 10681

 Regulatory Docket No. FAA-2012-1257

Ms. Tracy L. Ehrlich and Mr. Andrew Auchincloss

Parents of Hannah Auchincloss

1215 5th Avenue, 7C

New York, NY 10029

Dear Ms. Ehrlich and Mr. Auchincloss:

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 November 26, 2012, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Hannah Auchincloss for an exemption from § 121.311(b)(2)(iii)(B) of 

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

Hannah Auchincloss 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 exemption would not set a precedent and any 

delay in acting on this petition would be detrimental to Hannah Auchincloss.

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 people with physical challenges had previously completed flights using 

restraint systems that addressed unique physical needs regarding safety, support, and security 
2

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

has delegated to me, I hereby grant Hannah Auchincloss exemption from 

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

under part 121 while Hannah Auchincloss is aboard its aircraft is granted an exemption from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Hannah Auchincloss 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 with at least one of 

Hannah Auchincloss’ parents or a caregiver accompanying her. Hannah Auchincloss may 

only occupy a passenger seat with no passenger seated behind her. In addition, Hannah 

Auchincloss’ 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 January 31, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovick

Acting Director, Flight Standards Service

Enclosure