AFS-14-011-E December 2, 2013

Exemption No. 10900 Regulatory Docket No. FAA-2013-0923

Ms. Sandra Cuevas

Parent of Michael Alvarez 2065 Grand Concourse, Apt. 506 Bronx, NY 10453

Dear Ms. Cuevas:

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 October 23, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of Michael Alvarez for an exemp tion from § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). That exem ption, if granted, would allow Michael Alvarez 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 Michael’s case, although he is currently15 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 the 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 you.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, if granted, 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 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 contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Michael Alvarez an exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121 while Michael 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 of

that CRS aboard a U.S. aircraft.

All operations under this exemption must be conducted with at least one of Michael’s parents or a caregiver accompanying Michael. Michael Alvarez may only occupy a passenger seat with no passenger seated behind him. In addition, Michael’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 November 30, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service

Enclosures