AFS-12-109-E December 22, 2011

Exemption No. 10414 Regulatory Docket No. FAA-2011-1355

Ms. Brooke Shimabukuro Parent of Kylie Shimabukuro 17204 Spinning Avenue Torrance, CA 90504

Dear Ms. Shimabukuro:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and the conditions and limitations of the exemption, including the

date it ends.

The Basis for Our Decision

By letter received December 1, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Kylie Shimabukuro for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Ms. Shimabukuro 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

an 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 Kylie Shimabukuro.

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, such as those people described in Grants of Exemption No. 7831 and 8264 (copies enclosed), had previously completed flights using restraint systems that addressed unique physical needs regarding safety, support, and2

security in the same manner of operations as described in this petition. The FAA further found that that 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 of exemption;

 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 Ms. Kylie Shimabukuro an exemption from 14 CFR § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating under part 121 while Ms. Shimabukuro is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Ms. Shimabukuro to exceed the specified weight limit for an FAA-approved CRS during use of that CRS aboard an

aircraft.

All operations under this exemption must be conducted with at least one of Ms. Shimabukuro’s parents or a caregiver accompanying her. Ms. Shimabukuro may only occupy a passenger seat with no passenger seated behind her. In addition, Ms. Shimabukuro’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 January 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure