U.S.Department ofTransportation Federal Aviation Administration April 14, 2014

Ms . Karla Auten Parent ofErik Xavier Auten 4026 Flowing Path San Antonio, TX 78247 Dear Ms. Auten: Exemption No. 10978 800 Independence Ave .. SW Washington . 0 C. 20591

Regulatory Docket No. FAA-20 14-0 1 83

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 ofthe exemption, including the date it ends. 

### The Basis for Our Decision By letter dated March 20,2014, you petitioned the Federal Aviation Administration (FAA) on behalfofErik Xavier Auten for an exemption from§ 121.311(b) ofTitle 14, Code ofFederal Regulations (14 CFR) . That exemption, ifgranted, would allow Erik to exceed the specified weight limit tor an FAA-approved child restraint system (CAReS, manufactured by AmSafe Corporation) during use ofthat child restraint system (CRS) aboard a United States (U .S .) aircraft. The FAA has determined that good cause exists for not publishing a summary ofthe 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 Erik. The FAA has issued grants ofexemption in circumstances similar in all material respects to those presented in your petition. In Grant ofExemption No . 9834 (copy enclosed), the FAA found that numerous people with physical challenges had previously completed flights using restraint systems that 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 AFS-14-203-Epetition would not set 

### any new precedents regarding the use ofrestraint systems by persons with disabilities. Having reviewed your reasons for requesting an exemption, I find that2

• they are similar in all material respects to reliefpreviously requested in the enclosed Grant ofExemption No. 9834; • the reasons stated by the FAA f or granting the enclosed Grant ofExemption No. 9834 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(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Erik Xavier Auten · an exemption from 

### § 121.311(b). 

### In addition, any air carrier or commercial operator operating under part 121 while Erik is aboard its aircraft is granted an exemption from 14 CFR 

### § 121.311 (b) to the extent necessary to allow him to use an FAA-approved CRS aboard a U.S. aircraft. All operations under this exemption must be conducted with at least one ofErik's parents or a caregiver accompanying him. Erik Xavier Auten may only occupy a passenger seat with no passenger seated behind him . In addition, Erik's parent or caregiver must carry a copy ofthis exemption and advise the air carrier about the contents ofthe exemption at least 48 hours before the date ofeach flight. This exemption terminates on April 30, 2018, unless sooner superseded or rescinded. Sincerely,

J ohn arbagallo Acting Deputy Director, Flight Standards Service Enclosure