AFS

- 13

- 100

- E January 2, 2013

Exemption No. 10681

Regulatory Docket No. FAA

- 2012

- 1257

Ms. Tracy L. Ehrlich and Mr. Andrew Auchincloss

Parent s of Hannah Auch incloss

1215 5 th 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 o f the exemption,

including the date it ends.

The Basis for Our Decision

By letter received November 26, 2012 , you petitioned the Federal Aviation Administrat ion

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

Title 1 4, Code of Federal Regulations (14 CFR)

. That exemp tion , 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 restra int

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 o n this petition would be det rimental 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 nu merous p eople with physical challenges had 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 fou nd 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 present ed 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 containe d 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

u nder part 121 while Hannah Auchincloss i s aboard its aircraft is gra n ted 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 operation s under this exemption must be conducted w ith at least one of

Hannah Auchincloss’ parents or a caregiver accompanying her

. Hannah Auchincloss may

only occupy a passenger seat with no passenger se ated behind her

. In addition, Hannah

Auchincloss’ parent o r 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.

Sincere ly,

/s/

Michael J. Zenkovick

Acting Director, Flight Standards Service

Enclosure