us. Deportment 

of Tronsportotioo 

Federal Aviation 

Administration 

August 9, 2016 

Ms. Jennifer Moore 

Parent of Kristen Burkes-Moore 

101 Overhill Road 

Montevallo, AL 35115 

Dear Ms. Moore: 

Exemption No. 17049 

800 Independence 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 lists 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, 2016, you petitioned the Federal Aviation 

Administration (FAA) on behalf of your 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 child restraint system (CAReS, manufactured by AmSafe 

Corporation) during use of that child restraint system (CRS) aboard a United States (U.S.)-

registered aircraft. 

In Kristen's case, although she is currently 14 years old, she 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 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 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 exemption would not set a precedent, and any delay in 

acting on this petition would be detrimental to Kristen. 

AFS-16-12040-E 
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 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 of exemption 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