AFS

- 13

- 462

- E August 26, 2013 Exemption No. 10854 Regulatory Docket No. FAA

- 2013

- 0648

Ms

. Rene West

Parent of Gary Snipes 111 Virginia Drive, Apt. E16 Centralia, WA 98531

De ar Ms. West :

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 Our Decision

B y letter received July 16, 2013 , you petitioned the Federal Aviation Administrat ion (FAA)

on behalf of Gary Snipes 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 Gar y 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 Gary’s case, although he is currently1 4 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 diffe r 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 exem ption would not set a precedent and any delay in acting on this petition would be det rimental to Gary

.2

The FAA has issued grants of exemption in circumstances similar in all material respects to those pre sented in your petition. In Grant of Exemption No s . 7831 and 8264 (cop ies enclosed), t he FAA found that numerous p eople with physical challenges had previously completed flights using restraint systems

. The use of these restraint systems addressed unique

p hysical 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 wi th 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 G rant of Exemption Nos. 7831 and 8264

.

• the reasons stated by the FAA for granting the enclosed Grant of E xemption 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. 40113 and 44701, which the FAA Administrator has deleg ated to me, I hereby grant Gary Snipes an exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121 while G ary is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary to allow

h im to use an FAA

- approved CRS aboard a U.S. aircraft

.

All operations under this exemption must be conducted w ith at least one of Gary’s parents or a caregiver accompanying h im

. Gary Snipes may only occupy a passenger seat with no

passenger se at ed behind h im

. In addition, Gary’ 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 August 31 , 201 8 , unle ss sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards

Service

Enclosure s