AFS

- 13

- 005

- E October 26, 2012

Exemption No. 10651

Regulatory Docket No. FAA

- 2012

- 1060

Ms. Bridget Golden

Parent of Jack Patrick Balogh

328 Park Street

Menasha, WI 54952

Dear Ms. Golden :

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 September 26, 2012 , you petitioned the Federal Aviation Administrat ion

(FAA) on behalf of Jack Patrick Balogh for an exemption from § 121.311(b)(2)(iii)(B) of

Title 14, Code of Federal Regulations (14 CFR)

. That e xemp tion , if granted, would allow

Jack Patrick Balogh 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.

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 Jack Pa trick Balogh

.

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

those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA

found that numerous p eople with physical challenges had pre viously completed flights using2

restraint systems that 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 se t 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.

• th e 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 containe d in 49 U.S.C. 40113 and 44701, which the FAA Administra tor

has delegated to me, I hereby grant Jack Patrick Balogh exemption from

14 CFR § 121.311(b) (2)(iii)(B). In addition, any air carrier or commercial operator operating

u nder part 121 while Jack Patrick Balogh is aboard its aircraft is gra n ted an exemptio n from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Jack Patrick Balogh 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 w i th at least one of

Jack Patrick Balogh’s parents or a caregiver accompanying him

. Jack Patrick Balogh may

only occupy a passenger seat with no passenger se ated behind him

. In addition, Jack Patrick

Balogh’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 October 31, 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Directo r, Flight Standards

Service

Enclosure