U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

March 17, 2015 

Ms. Tracey Borszem 

Parent of Luke Borszem 

4049 Hazy Lane 

Greenwood, IN 46142 

Dear Ms. Borszem: 

Exemption No. 11212 

800 Independence Ave .. S W 

Washinglon. D.C. 20591 

Regulatory Docket No. F AA-20 14-1129 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter posted to the docket on December 31, 2014, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Luke Borszem for an exemption from § 121.311 (b) of 

Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow 

Nicholas 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.) aircraft. 

In Luke's case, although he is currently 13 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 other petitioners and the reasons 

stated by the FAA for granting other exemptions also apply to the situation you present. 

The FAA has detennined 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 Luke. 

AFS-15-285-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. 

2 

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 would not set any new precedents regarding the use of restraint systems 

by persons with disabilities. 

Having reviewed your reasons for requesting an exemption, 1 find that-

• they are similar in all material respects to relief previously requested 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. §§ 106(f), 40113 and 44701 , which the FAA 

Administrator has delegated to me, I hereby grant Luke Borszem an exemption from 

§ 121.311 (b). ln addition, any air carrier or commercial operator operating under part 121 

while Luke is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the 

extent necessary to allow him to exceed the specified weight and/or limit for an FAAapproved CRS during use aboard a U.S. aircraft. 

All operations under this exemption must be conducted with Luke's parent or a caregiver 

accompanying him. Luke Borszem may only occupy a passenger seat with no passenger 

seated behind him. In addition, Luke'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 March 31 , 2020, unless sooner superseded or rescinded. 

Sincerely, 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 

Enclosures