## us. Deportment of Tronsportotioo Federal Aviation Admini stration August 9 , 2016 Ms. Jennifer Moore Parent ofKristen Burkes-Moore 101 Overhill Road Montevallo , AL 35115 Dear Ms. Moore: Exemption No. 17049 800 In dependence Ave . S W Washington . DC 2059t Regulatory Docket No. F AA-20 12-0833

This letter is to inform you that we are not able to grant your request for an extension of exemption No. I 0606 because it has already expired. However, we have granted a new exemption, and this letter transmits our decision, explains its basis, and li sts the conditions and limitations of the new exemption, including the date it ends. 

### The Basis for Our Decision By letter posted to the public docket on June 7 , 20 16, you petitioned the Federal Aviation Administration (FAA) on behalf ofyour daughter Kristen Burkes-Moore for an extension of exemption No. 10606 from§ 121.311(b) ofTitle 14, Code of Federal Regulations (14 CFR) . However, since that exemption has expired, we processed your request as a new exemption. That new exemption, if granted, would allow Kristen to exceed the specified weight and/or height limit for an FAA-approved ch ild restraint system (CAReS , manufactured by AmSafe Corporation) during us e of that child restraint system (CRS) aboard a United States (U.S .) - regi s tered aircraft . In Kristen 's case, although s he is currently 14 years old, she will be over 1 8 years old before this exemption terminates ; therefore , an exemption must also be granted from the requirement in § 121 . 3 11 (b), that the individual be a " child". However, the reasons for this exemption do not differ materially from those presented by other petitioners , and the reasons stated by the FAA for granting other exemptions also apply to the s ituation you present. The FAA has determined that good ca u se exists for not publi shing a summary of the petition in the Federal Register, because the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Kristen . AFS-16-12040- EThe FAA has issued grants ofexemption 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 ofoperations as described in this petition. The FAA further found that the exemption 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 fmd that- • they are similar in all material respects to relief previously requested in the enclosed Grants of Exemption Nos. 7831 and 8264; • the reasons stated by the FAA for granting the enclosed Grants of Exemption Nos. 7831 and 8264 also apply to the situation you present; and • a grant ofexemption is in the public interest. Our Decision Under the authority contained in 49 U.S.C. §§ 106(t), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Kristen Burkes-Moore an exemption from § 121.311 (b). In addition, any air carrier or commercial operator operating under part 121 while Kristen is aboard its aircraft is granted an exemption from 14 CFR § 121.311 (b) to the extent necessary to allow her to exceed the specified weight and/or height limit for an FAAapproved CRS during use aboard a U . S.-registered aircraft. 2

All operations under this exemption must be conducted with Kristen ' s parent or a caregiver accompanying her. Kristen may only occupy a passenger seat with no passenger seated behind her. In addition, Kristen's parent or caregiver must carry a copy of this exemption and advise the air carrier about its contents at least 48 hours before the date of each flight. This extension tenninates on August 31, 2021, unless sooner superseded or rescinded.



# Sincere~ 

# 3

**~~~** John Barbagallo Deputy Director, Flight Standards Service Enclosures