AFS

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- E July 14, 2013

Exemption No. 10823

Regulatory Docket No. FAA

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- 0 5 66

Ms

. Brittany Barton

Parent of Breasia Barton

1505 Garden Plaza, Apt. No. N5

Columbia, SC 29204

Dear Ms. Barton :

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 June 7 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA) on

behalf of Breasia Barton for an exemption from § 121.311(b) of Title 14, Code of Federal

Regulations (14 CFR)

. That exemp tion , if granted, would allow B reasia to occupy a Child

Restraint System (Britax Traveler Plus)

, not certified for use aboard a United States (U.S.)

aircraft, during all phases of flight, including moveme nt on the surface, takeoff and landing.

The FAA has determined that good cause exi sts 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 Breasia

.

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

those presented in your petition. In Grant of Exemption No. 8264 (copy enclosed), the FAA

found that numerous p eople 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

petition , if granted, would not set any new precedents regarding the use of restraint systems by

pe rsons with disabilities.2

Having reviewed your reasons for requesting an exemption, I find that

—

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

of Exemption No. 8264;

• the reasons stated by the FAA for grantin g the enclosed Grant of Exemption No. 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. 40113 and 44701, which the FAA Administrator

has delegated to me, I hereby grant Breasia Barton an exemption from § 121.311(b) to th e

extent that would allow Breasia to occupy a Child Restraint System that is not certified for use

in aircraft during all phases of flight, includin g movement on the surface, take off and landing.

In addition, any air carrier or commercial operator, operating under part 121 , while Breasia is

aboard, is granted an exemption from 14 CFR §§121.311 (b) and 121.311(c) to th e extent that

would allow Breasia to occupy a CRS that is not certified for use in aircraft during all phases

of flight, including movement on the surface, take off and landing.

All operations under this exemption must be conducted w ith at least one of Breasia ’s parents

or a caregiver accompanying her

. In addition, Breasia ’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 July 31 , 201 8 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service

Enclosure