AFS-14-141-E

March 13, 2014

 Exemption No. 10954

 Regulatory Docket No. FAA-2014-0069

Ms. Marguerite Anderson

Parent of Ashton Anderson

7310 East Cypress Street

Scottsdale, AZ 85257

Dear Ms. Anderson:

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 dated February 3, 2014, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Ashton Anderson for an exemption from § 121.311(b) of Title 14, Code of 

Federal Regulations (14 CFR). That exemption, if granted, would allow Ashton 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 Ashton’s case, although he is currently 16 years old, he will be over 18 

years old before this exemption terminates, therefore 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 Ashton.
2

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. 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 Ashton Anderson an exemption from 14 

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

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

the extent necessary to allow you 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 Ashton’s parents 

or a caregiver accompanying him. Ashton Anderson may only occupy a passenger seat with 

no passenger seated behind him. In addition, Ashton’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 February 28, 2019, unless sooner superseded or rescinded.

Sincerely,

/S/

John Barbagallo

Acting Deputy Director, Flight Standards

Enclosures