U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

April 16, 2015 

Mr. Jeremy Bernau and Mrs. Lynn Bernau 

Parents of Jonathan Bernau 

50 l Falcon Crest Lane 

El Dorado Hills, CA 95762 

Dear Mr. and Mrs. Bernau: 

Exemption No.ll349 

600 Independence Ave .. S.W. 

Washington. DC. 20591 

Regulatory Docket No. F AA-20 14-0652 

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 March 13, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of your son Jonathan Bern au for an exemption from 

§ 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, 

would allow Jonathan 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 Jonathan's case, although he is currently 15 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 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 Jonathan. 

AFS-15-87 I-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 ofthesc 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, l find that-

• they are similar in all material respects to re lief previously requested in the enclosed 

Grants 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. §§ I 06((), 40113 and 44701 , which the FAA 

Administrator has delegated to me, I hereby grant Jonathan Bernau an exemption from 

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

while Jonathan is aboard its aircraft is granted an exemption from 14 CFR § 12 1.311 (b) to the 

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

All operations under this exemption must be conducted with one of Jonathan's parents or a 

caregiver accompanying him. Jonathan Bernau may only occupy a passenger seat with no 

passenger seated behind him. In addition, Jonathan'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 April 30, 2020, unless sooner superseded or rescinded. 

Sincerely, 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 

Enclosures