AFS-14-363-E August 7, 2014

Exemption No. 11040 Regulatory Docket No. FAA-2014-0459

Ms. Jennifer Swann Parent of Kennedy Swann

125 Jamaica Circle Placentia, CA 92870

Dear Ms. Swann:

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 July 2, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of Kennedy Swann for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if gr anted, would allow Kennedy to be secured by a personal safety belt, the E-Z-ON Modified Vest, wh ile 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 Kennedy.

The FAA has issued a grant 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 precedence 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. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, Kennedy Swann is granted an exemption from 14 CFR 121.311(b), that allows Kennedy to be secured by the E-Z-ON Modified Vest while aboard a U.S. aircraft. In addition, any air carrier or commercial operator operating under part 121 while Kennedy is aboard its aircraft is granted an exemption from 14 CFR 121.311(b) to the extent necessary to allow her to properly use the E-Z-ON Modified Vest aboard a U.S. aircraft. Proper use require s that the E-Z-ON Modified Vest be installed on Kennedy and in turn secured to the airplane passenger seats using, at least two, of the

aircraft seat belts in accordance with the manufacturer’s instructions.

All operations under this exemption must be conducted with both of Kennedy Swann’s parents or one parent and a caregiver accompanying her. In addition, one of Kennedy’s parents 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 August 31, 2019, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service

Enclosure