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

Dear 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

By letter received July 16, 2013, you petitioned the Federal Aviation Administration (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 exemption, if granted, would allow Gary 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 currently14 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 Gary.
2

The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant 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

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. 40113 and 44701, which the FAA Administrator 

has delegated 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 Gary is aboard its 

aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary to allow 

him to use an FAA-approved CRS aboard a U.S. aircraft.

All operations under this exemption must be conducted with at least one of Gary’s parents or 

a caregiver accompanying him. Gary Snipes may only occupy a passenger seat with no 

passenger seated behind him. 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, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich

Deputy Director, Flight Standards

 Service

Enclosures