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 AmSa fe 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 the2

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