US Department 

of Transportation 

Federal Aviation 

Administration 

August 28, 20 15 

Ms. Asuncion Reyes 

Make-A-Wish Foundation 

Owen Morales 

32-64 441h Street 

Astoria, NY lll 03 

Dear Ms. Reyes: 

Exemption No. 12661 

800 Independence Ave . S W 

washing1on. DC 20591 

Regulatory Docket No. FAA-20 15-2852 

This letter is to infonn you that we have granted you 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 posted to the docket on July I 0, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Owen Morales for an exemption from § 121.31 1 (b) of 

Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow 

Owen to exceed the specified weight and/or height limit for an FAA-approved child restraint 

system (CAReS, manufactured by Am Safe Corporation) during use of that child restraint 

system (CRS) aboard a United States (U.S.)-registered aircraft. 

The FAA has determined that good cause exists for not publishing a sununary 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 Owen. 

The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 9834 (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, suppot1, and security 

in the same manner of operations as described in this petition. The FAA further found that the 

petition would not set any new precedents regarding the use of restraint systems by persons 

with disabilities. 

AFS-15-29 10-E 
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. 9834; 

• the reasons stated by the FAA for granting 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. §§ 106(f), 40113 and 4470 1, which the FAA 

Administrator has delegated to me, I hereby grant Owen Morales an exemption from 

§ 12 1.31 1 (b). In addition, any air cruTier or commercial operator operating under part 12 1 

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

extent necessary to allow him to exceed the specified weight and/or height limit for an FAAapproved CRS during use aboard a U.S.-registered aircraft. 

All operations under this exemption must be conducted with Owen's parent or a caregiver 

accompanying him. Owen may only occupy a passenger seat with no passenger seated behind 

him. In addition, Owen'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 tenninates on July 31 , 2020, unless sooner superseded or rescinded. 

Sincerely, 

John Barbagallo 

Deputy Director, Flight Standards Service 

Enclosures