AFS-13-355-E

June 06, 2013

 Exemption No. 10789

 Regulatory Docket No. FAA-2013-0402

Ms. Michelle Hernandez

Parent of Xavier Hernandez

5535 West 64th Street

Chicago, IL 60638

Dear Ms. Hernandez:

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 letter dated May 1, 2013, you petitioned the Federal 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 currently16 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 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 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 Grants of Exemption Nos. 7831 and 8264 (copies 

enclosed), the FAA found that numerous people with physical challenges had previously 

completed flights using restraint systems. The use of these restraint systems 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 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 Xavier Hernandez an exemption 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 aboard 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 behind 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 terminates on May 31, 2018, unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Deputy Director, Flight Standards

Service

Enclosures