AFS

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- E Exemption No. 10949 Regulatory Docket No. FAA

- 20 1 4

- 0080

March 6, 2014

Mrs . Melanie Thieleke

Parent of Timo Thieleke

Strabe 48 Nr. 3

12623 Berli n GERMANY

Dear M r s. Thieleke :

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 February 6, 2014 , you petitioned the Federal Aviation Administrat ion (FAA) on behalf of Timo Thieleke for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR)

. That exemp tion

, will allow Tim o 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. In Timo’s case, currently only his height exceeds manufacturer’s limits, although his weight may exceed the manufacturer’s limits prior to the termination date of this grant of exemption. However, the reasons for requesting this exemption do not differ materially from those presented by the other petitioners and the reasons stated by the FAA for granting other exemptions also apply to the situation you present.

The FAA has determined that good cause exists 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 Timo

.2

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 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 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 are simil ar 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 i s 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 Timo Thieleke an exemption from § 121.311(b)

. In addition, any air carrier or commercial ope rator operating under part 121 while Timo is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow h im to use an FAA

- approved CRS aboard a U.S. aircraft

.

All operations under this exemption must b e conducted w ith at least one of Timo ’ s parents or a caregiver accompanying h im

. Timo Thieleke may only occupy a passenger seat with no

passenger se ated behind h im

. In addition, Timo ’ s parent or caregiver must carry a copy of this exemption and advise th e air carrier about the contents of the exemption at least 48 hours before the date of each flight.

This exemption terminates on February 28 , 201 9 , unless sooner superseded or rescinded.

Sincerely,

/S/ John Barbagallo

Enclosure3

Project No.: A FS

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- 161

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Project Officer: _______________

A RM

- 101:VCastaneda : 02 / 11 /201 4 :Doc# 38132

ARM

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MRS MELANIE THIELE KE

PARENT OF TIMO THIELEKE

STRABE 48 NR 3

12623 BERLIN

GERMANY