AFS

- 13

- 3 55

- E June 06, 2013

Exemption No. 1078 9 Regulatory Docket No. FAA

- 20 13

- 0 402

Ms. Michelle Hernandez

Parent of Xavier Hernandez

5535 West 64 th Street Chicago, IL 60638

Dear M s

. Herna ndez :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By l etter dated May 1 , 2013 , you petitioned the Feder al Aviation Administration (FAA) on

behalf of Xavier Hernandez 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 Xavier Hernandez 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 Xavier ’s case, although he is currently 1 6 years old, he will be over 18 years old before this exemption terminates , therefore an exemption must also be granted from the requirement in § 121.311(b), that the individual be a “child”. However, the reasons for requesting this exemption d o 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 t he 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 you

.2

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant s of Exemption No s . 7831 and 8264 (cop ies enclosed), t he FAA found that numerous p eople with physical challenges had previously completed flights using restraint systems

. The use of these restraint systems address ed 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 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 p etitioner in the enclosed grant;

• the reasons stated by the FAA for granting the enclosed exemptio n 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 Xavier Hernandez an ex emption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121 while Xavier is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary

to allow him to use an FAA

- approved CRS ab oard a U.S. aircraft

.

All operations under this exemption must be conducted with at least a caregiver accompanying Xavier

. Xavier Hernandez may only occupy a passenger seat with no passenger seated behi nd him . In addition, Xavier ’s 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 t erminates on May 31 , 2018 , unless sooner superseded or rescinded.

Sincerely,

John S. Duncan Deputy Director, Flight Standards

Service

Enclosures