AFS-12-517-E 

September 13, 2012 

 Exemption No. 10627 

 Regulatory Docket No. FAA-2012-0916 

Mr. Scott Scherbarth 

Parent of H. A. Rain Scherbarth 

3149 Stargazer Court 

Fort Collins, CO 80521 

Dear Mr. Scherbarth: 

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 August 23, 2102, you petitioned the Federal Aviation Administration 

(FAA) on behalf of H. A. Rain Scherbarth for an exemption from § 121.311(b)(2)(iii)(B) of 

Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow 

H. A. Rain Scherbarth to exceed the specified weight limit for 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 H. A. Rain Scherbarth. 

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 
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petition, if granted, 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 that— 

 they do not differ materially from those presented by the petitioner in the enclosed grant. 

 the reasons stated by the FAA for granting the enclosed exemption 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 H. A. Rain Scherbarth exemption from 

14 CFR § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating 

under part 121 while H. A. Rain Scherbarth is aboard its aircraft is granted an exemption from 

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow H. A. Rain Scherbarth to 

exceed the specified weight limit for an FAA-approved CRS during use of that CRS aboard a 

U.S. aircraft. 

All operations under this exemption must be conducted with at least one of 

H. A. Rain Scherbarth’s parents or a caregiver accompanying him. H. A. Rain Scherbarth 

may only occupy a passenger seat with no passenger seated behind him. In addition, H. A. 

Rain Scherbarth’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 September 30, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service 

Enclosure