AFS

- 13

- 40 9

- E July 24, 2013

Exemption No. 10830

Regulatory Docket No. FAA

- 20 1 3

- 0 507

Ms

. Linda Larach Cohen

Parent of Marco Cohen

28 East 22 nd Street, Apt. 6

New York, NY 1001 0

Dear Ms. Cohen :

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 Deci sion

By letter received June 6 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA) on

behalf of Marco Cohen for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of

Federal Regulations (14 CFR)

. That exemp tion , if granted, would allo w Marco 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.

The FAA has determined that good ca use 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 Marco

.

The FAA has issued grants of exemption in cir cumstances 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 addre ssed 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 G rant

of Exemption No. 9834

.

• the reasons stated by the FAA for granti ng the enclosed Grant of Exemption No. 9834 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 Marco Cohen an exemption from § 121.311(b). In

addition, any air carrier or commercial operator operating under part 121 while Marco is

aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary

to all ow him to use an FAA

- approved CRS aboard a U.S. aircraft

.

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

. Marco Cohen may only occupy a passenger seat with no

passenger se ated be hind h im

. In addition, Marco ’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 July 31 , 201 8 , unless soo ner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovick

Acting Deputy Director, Flight Standards

Service

Enclosure