AFS-14-139-E 

February 4, 2014 

 Exemption No. 10925 

 Regulatory Docket No. FAA-2013-1128 

Ms. Judy Wells 

Parent of Emily Wells 

127 NW 21st Street 

McMinnville, OR 97128 

Dear Ms. Wells: 

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 December 23, 2013, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Emily Wells for an exemption from § 121.311(b) of Title 14, Code of 

Federal Regulations (14 CFR). That exemption, if granted, would allow Emily 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. In Emily’s case, although she is currently17 years old, she will be over 18 

years old before this exemption terminates, 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 presented by the 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 Emily. 
2 

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 

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

of Exemption No. 9834; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9834 

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(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, Emily Wells is granted an exemption from § 121.311(b). 

In addition, any air carrier or commercial operator operating under part 121 while Emily is 

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

to allow her to use an FAA-approved CRS aboard a U.S. aircraft. 

All operations under this exemption must be conducted with at least one of Emily’s 

parents or a caregiver accompanying her. Emily Wells may only occupy a passenger seat 

with no passenger seated behind her. In addition, Emily’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 March 31, 2019, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 

Enclosure