U.S. Department 

of Transportation 

Federal Aviation 

Administration 

April 14, 2014 

Ms. Karla Auten 

Parent of Erik 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-2014-0183 

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 dated March 20,2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Erik Xavier Auten for an exemption from§ 121.311(b) ofTitle 14, Code ofFederal 

Regulations (14 CFR). That exemption, if granted, would allow Erik to exceed the specified 

weight limit tor 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 exemption would not set a precedent and any 

delay in acting on this petition would be detrimental to Erik. 

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 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 of operations as described in this petition. The FAA further found that the 

AFS-14-203-E 
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, I find that2 

• they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9834; 

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9834 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 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 of Erik'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 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, 2018, unless sooner superseded or rescinded. 

Sincerely, 

J ohn arbagallo 

Acting Deputy Director, Flight Standards Service 

Enclosure