AFS-13-432-E

July 14, 2013

 Exemption No. 10823

 Regulatory Docket No. FAA-2013-0566

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 Administration (FAA) on 

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

Regulations (14 CFR). That exemption, if granted, would allow Breasia 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 movement on the surface, takeoff and landing.

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 Breasia.

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. 8264 (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 

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

persons 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 granting 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 the 

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

in aircraft during all phases of flight, including movement on the surface, takeoff 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 the 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, takeoff and landing. 

All operations under this exemption must be conducted with 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, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service

Enclosure