AFS-14-349-E 

July 29, 2014 

 Exemption No. 11033 

 Regulatory Docket No. FAA-2014-0441 

Mr. Orlando Morales 

Parent of Nicole M. Morales 

346 Alfredo Galvez Street, Borinquen Gardens 

San Juan, PR 00926 

Dear Mr. Morales: 

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 June 26, 2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Nicole M. Morales for an exemption from § 121.311(b) of Title 14, Code of Federal 

Regulations (14 CFR). That exemption, if granted, would allow Nicole 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 Nicole’s case, since she will be an adult before this exemption expires, 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 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 Nicole. 

The FAA has issued grants of exemption 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 

completed flights using restraint systems. 
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The use of these restraint systems 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 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 Nos. 7831 and 8264; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 7831 

and 8264 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, I hereby grant Nicole M. Morales an exemption from 

§ 121.311(b). In addition, any air carrier or commercial operator operating under part 121 

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

extent necessary to allow her to exceed the specified weight limit for an FAA-approved CRS 

during use aboard a U.S. aircraft. 

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

or a caregiver accompanying her. Nicole M. Morales may only occupy a passenger seat with 

no passenger seated behind her. In addition, Nicole’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 August 31, 2019, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 

Enclosures