US

. Department of Transportation Federal Aviation Administration May 18 , 2015

Mr. Thomas and Mrs. Lis a Gaynord Parents ofTimothy Gaynord 33 Forest Glen Dri ve Scranton , PA 18504 Dear Mr. and Mr s . Gaynord: Exe mption No. 1 1614 800 Independence Ave

.. S w Wash i nglon

. DC 20591

Reg ulatory D ocke t No. F AA-20 15-0925

This letter is to inform you that we have granted your requ es t for exemption. It transmits our decision , exp lain s it s basis , and gives you the conditions and limitations of the exemption , includin g th e date it e nds. The Basis for Our Decision By letter posted to th e docket on April 8 , 2015 , you p e tition e d th e Federal Aviation Administration (FAA) on behalf of yo ur so n Timothy Gaynord for an exemption from § 121.311 (b) of Title 1 4, Code of Federal Reg ula tions (14 CFR). T hat exe mption , if g rante d , would allow Timothy to exceed the specified weight and/or h e ight limit for an FAA-approved child restraint syste m (CAReS, manufactured by AmSafe Corporation) during use of that child restraint system (CRS) aboard a United S tates (U .S.)-r eg istered aircraft. In Timothy's case , since he is an adult , an exe mption must also b e gra nte d from th e requirem e nt in § 121.311 (b) that th e individual b e a " child." However, the reasons for req uesting thi s exe mption do not diff e r materially from those presented b y other petitioners , and th e rea so ns stated by the FAA for granting other exemptions also apply to the situation y ou present. The FAA has d e te rmin e d that good cause ex ists for not publishing a summary of th e petition in the Federal R eg i s t e r , b eca us e the requested exemption would not set a prece dent , and any del ay in acting on this petition would be detrim e ntal to Timothy.

AFS-15-1067-E2 The FAA ha s issue d g rant s of exempt ion in c ircums t ances s imilar in a ll mate ri a l respects to those pr esented in your petiti on. In Gra nt s of Exe mption Nos. 7831 and 8264 (co pi es e nclo se d) , th e FAA found th at numerou s perso ns w ith p hys ical c h allenges had previously co mpleted flig hts using restraint systems. The use of these restra in t systems addressed uniqu e physical needs regarding safety , s upp ort, and sec urit y in the same manner of operations as described in thi s pe tit ion. The FAA further f ound th at the pet ition would no t set any n ew precedents rega rding the use of restrain t sys t e ms by pe rsons wit h disabilities. Havi ng r eviewed your reasons for r eq ue s tin g an exemption, I fi nd that

- • th ey are s imilar in a ll mate rial r espec ts to r e li ef pr evio usly r eq uested in th e enclosed Grants of Exemptio n No s. 7831 and 8 264; • the reasons s tated by th e FAA for gran tin g th e enclo se d Grant s of Exe mption Nos. 7831 and 8264 also app ly to th e si tuation you pr esen t ; and • a gra nt of exempt ion is in the public interest. Our Deci s ion Unde r the au th o rity con t a in ed in 49 U.S.C. §§ I 06(1) , 40 113 a nd 44701 , whic h the FAA Administrator has delegated to m e, 1hereby g r a nt Timothy Gayno rd an exe mption from § 121.311 (b)
. In add iti on, any a ir carrier or commercial ope rato r o pera tin g under part 121 wh il e T im othy i s aboard it s aircraft is granted an exe mption from 14 CF R § 12 1 .3 11 (b) to th e exte nt necessar y to allow him to exceed th e spec ifi ed we ight and/or height limit for an FAAapproved CRS dur ing use aboard a U.S.- r egistered aircraft. A ll ope rations under this exemptio n must be co nducted w ith at least o ne of Timothy's parents o r a car eg iver accompanying him. Ti mothy Gay nord may only occupy a passenger seat with no passenge r seated behind him. In add iti on , Timothy ' s parent or caregiver mu s t carry a copy of this exempt ion a nd adv ise the a i r carrier about the co ntent s of th e exe mption at least 48 hours befor e th e dat e of eac h flight. T hi s exemptio n terminates on Apr il 30 , 2020 , unless soo n er s up erseded o r rescinded.



# Sincerely~~~

Joh n Barbagallo Deputy Director, Flight Standards Service Enclos ures