u.s. Deportment 

of Transportation 

Federal Aviation 

Administration 

December 7, 2015 

Mr. Marc Mitterando 

Parent ofLucchio Mitterando 

4802 Kensington Drive 

San Diego, CA 921 1 6 

Dear Mr. Mitterando: 

Exemption No. 13853 

800 Independence Ave . S W 

Washinglon. DC 20591 

Regulatory Docket No. F AA-20 15-4873 

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 October 26, 2015, you petitioned the Federal Aviation Administration 

(FAA) on behalf of your son Lucchio Mitterando for an exemption from § 121.31 1 (b) of 

Title 14, Code of Federal Regulations ( 14 CFR). That exemption, if granted, would allow 

Lucchio to exceed the specified weight and/or height 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.)-registered 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 Lucchio. 

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 would not set any new precedents regarding the use of restraint systems by persons 

with disabilities. 

AFS-16-0789-E 
2 

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 

ofExemption 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, I hereby grant Lucchio Mitterando an exemption from 

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

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

extent necessary to allow him to use an FAA-approved CRS aboard a U.S.-registered aircraft. 

All operations under this exemption 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 least 48 hours before the date 

of each flight. 

This exemption terminates on October 31 , 2020, unless sooner superseded or rescinded. 

sincerelycr ~ Jc, 

John Barbagallo 

Deputy Director, Flight Standards Service 

Enclosure