AFS

- 15

- 2905

- E July 24, 2015

Exemption No. 12158 Regulatory Docket No. FAA

- 20 15

- 2838

Ms. Illyana Boria

Parent of Alicia Jillian Gonzalez 2061 Watson Avenue, 2 nd Floor Bronx, NY 10472

Dear Ms. Boria:

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 Ba sis for Our Decision

By letter posted to the docket on July 10, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of your daughter Alicia Jillian Gonzalez for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (1 4 CFR). That exemption, if granted, would allow Alicia 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 Unit ed States (U.S.)

- registered 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 wo uld be detrimental to Alicia

.

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 p ersons with physical c hallenges 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 would no t set any new precedent 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. 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 4 9 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Alicia Jillian Gonzalez an exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121

while Alicia is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary to allow her to use a n FAA

- approved CRS aboard a U.S.

- registered aircraft

.

All operations under this exemption must be conducted with Alicia’s parent or a caregiver

acc ompanying her. Alicia may only occupy a passenger seat with no passenger seated behind her. In addition, Alicia’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 befo re the date of each flight.

This exemption terminates on July 31, 2020, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service

Enclosure