AFS

- 13

- 3 7 1

- E June 14, 2013

Exemption No. 1080 1

Regulatory Docket No. FAA

- 20 1 3

- 0 4 3 5

Ms

. Penny Hanlon

Parent of Gabrielle Hanlon

7330 Woodland Drive, Suite 201

Indianapolis, IN 46278

Dear Ms. Hanlon :

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 O ur Decision

By letter received May 10 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA)

on behalf of Gabrielle Hanlon for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code

of Federal Regulations (14 CFR)

. That exemp tion , if granted , would allow Gabrielle 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.

The FAA has determi ned that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exem ption would not set a precedent and any

delay in acting on this petition would be det rimental to Gabrielle

.

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 p eople with physical challenges had previously completed flights using

restrain t 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 the2

petition , if granted, would not set any new precedents regarding the use o f 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 p etitioner in the enclosed grant ;

• 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 Gabrielle Hanlon an exemption from § 121.311(b). In

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

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

to allow h er to u se an FAA

- approved CRS aboard a U.S. aircraft

.

All operations under this exemption must be conducted w ith at least one of Gabrielle ’s parents

or a caregiver accompanying her

. Gabrielle Hanlon may only occupy a passenger seat with no

passenger se ated behi nd her

. In addition, Gabrielle ’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 June 30 , 201 8 , unless s ooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards Service

Enclosure