### u.s . Deportment of Transportation Federal Aviation Administration December 7, 2015

Mr. Marc Mitterando Parent ofLucchio Mitterando 4802 Kensington D ri ve San Diego, CA 921 1 6 D ear Mr. M itterando: Exe mp tion No. 13853 8 00 Independence Ave

. S W Washinglon

. DC 205 9 1

Regulatory D ocket No. FAA-20 15-4873

This letter i s to inform you that we have grant ed yo ur request for exemptio n. It transmits our decision, exp lain s its basis, and lists the conditions and limitation s of the exemp tion , including the date it end s. 

### T h e Basis for Our Decision B y letter received October 26 , 2015, you petit ioned the Federal Aviation Administratio n (FAA) on behalf of your son Lucchio Mitt erando f or an exem ption from § 121.31 1 (b) of Title 14, Code ofFederal Regu lations ( 14 CFR). That exemption, if granted , would allow Lucchio to exceed the specifi ed weight and/or height limit for an FAA-approved chi ld restraint system (CAReS , manufactured by AmSafe Corpo ration) during use of that child re straint system (CRS) aboard a United States ( U. S.)- reg i stered aircraft. The FAA has determined that good cause ex i sts fo r not publishing a summary of the petition in the Federal Register because the requested exemp tion would not set a precedent and any delay in acting on this petition would be detrimenta l to Luc chi o . The FAA has issued grants of exemption in circumstances s imil ar in all material respects to those presented in yo ur petition. 

### In Grant of Exemption No. 9834 (copy enclosed ), the FAA found that numero us people with phy s ical challeng es had previously completed fli g hts u s ing restraint systems that add ressed uniqu e physical needs regarding safety , s upport, and security in the same mann er of operations as described in this petition. The FAA further found that the p etition would not set any new precedents regarding the u se of restraint systems by persons with disabilities.

AFS -16- 0789- E2 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 ofExempt i on No. 9834; • the reasons stated by the FAA for grantin g the enclosed Grant of Exempt ion No. 9834 also apply to the situation you present; and • a grant of exemption i s 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 de legated to me, I hereby grant Lucchio Mitterando an exemption from 

### § 1 21.311 (b). 

### In addition , any air carrier or commercial operator operating under part 121 while Lucchio is aboard its aircraft is granted an exempt ion from 14 CFR 

### § 121.311 (b) to the extent necessary to a ll ow him to use an FAA-approved CRS aboard a U.S.-registered aircraft
. All operations under this exempt ion must be conducted with Lucchio's parent or a caregiver accompanying him. Lucchio may only occupy a passenger seat with no passenger seated behind him. In addition, Lucchio's parent or caregiver must cany a copy of this exemption and advise the air carrier about the contents of the exemption at l east 48 hours before the date of each flight. This exempt ion terminates on October 31 , 2020 , unless sooner superseded or rescinded. 

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# Jc,

John Barbagallo Deputy Director, Flight Standards Service

Enclosure