AFS

- 13

- 106

- E December 4, 2012

Exemption No. 10665

Regulatory Docket No. FAA

- 2012

- 1272

Mr. Denis Goldenberg

Parent of Jacob D. Goldenberg

289 English Place

Basking Ridge, NJ 07920

Dear Mr. Goldenberg :

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 e nds.

The Basis for Our Decision

By letter received November 27, 2012 , you petitioned the Federal Aviation Administrat ion

(FAA) on behalf of Jacob D. Goldenberg 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

Jacob D. Goldenberg 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 State s (U.S.) aircraft.

The FAA has determined 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 t o Jacob D. Goldenberg

.

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 challenge s 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 the2

petition , if granted, wou ld 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.

• 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 containe d in 49 U.S.C. 40113 and 44701, which the FAA A dministrator

has delegated to me, I hereby grant Jacob D. Goldenberg exemption from

14 CFR § 121.311(b) (2)(iii)(B). In addition, any air carrier or commercial operator operating

u nder part 121 while Jacob D. Goldenberg is aboard its aircraft is gra n ted an exemption from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Jacob D. Goldenberg to

exceed the specified weight limit for an FAA

- approved CRS during use of that CRS aboard a

U.S. aircraft.

All operations under this exemption must be con ducted w ith at least one of

Jacob D. Goldenberg ’s parents or a caregiver accompanying him

. Jacob D. Goldenberg may

only occupy a passenger seat with no passenger se ated behind him

. In addition, Jacob D.

Goldenberg ’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, 2015 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service

Enclosure