AFS

- 12

- 553

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October 15, 2012 Exemption No. 10642 Regulatory

Docket No. FAA

- 2012

- 1022

Mr. William Miller Parent of Nolan Miller 1576 Horseshoe Drive Manasquan, NJ 08736 Dear Mr. Miller : This letter is to inform y ou that we have granted y our request for exemption. I t transmits our decision, explains its basis, and lists the conditions and limitations of the exemption, including the date it end s. **The Basis for Our Decision** By letter received September 17, 2012 , y ou petitioned the Federal Aviation Administrat ion (FAA) on behalf of Nolan Miller 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 Nolan Miller to exceed the specified weight limit for an FAA

- approved child restraint sy stem (CAReS, manufactured by

AmSafe Corporation ) during use of that child restraint sy stem (CRS) aboard a United States (U.S.) aircra ft. 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 to Nolan Miller

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in y our petition. I n Grant of Exemption No. 9834 (copy enclosed), the FAA found that numerous p eople with phy sical challenges had previously compl eted flights using2

restraint sy stems that addressed unique phy sical needs regarding safety , support, and security in the same manner of operations as described in this petition. The FAA further found that the petition , if granted, would not set any new pre cedents regarding the use of restraint sy stems by persons with disabilities. Having reviewed y our 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 sta ted by

the FAA for granting the enclosed exemption also apply to the situation y ou 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 Administrator has deleg ated to me, I hereby grant Nolan Miller exemption from 14 CFR § 121.311(b) (2)(iii)(B). In addition, any air carrier or commercial operator operating u nder part 121 while Nolan Miller is aboard its aircraft is gran ted an exemption from 14 CFR § 121.311(b)( 2)(iii)(B) to the extent necessary to allow Nolan Miller 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 conducted w ith at least one of Nolan Miller’s parents or a caregiver accompanying him

. Nolan Miller may only occupy a passenger seat with no passenger se ated behind him. In addition, Nolan Miller’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 October 31, 2014 , unless sooner superseded or rescinded. Sincerely , /s/ John S. Duncan Deputy Director, Flight Standards Service

Enclosure