AFS-10-243-E May 3, 2010 Exemption No. 10056 Regulatory Docket No. FAA-2010-0440

Ms. Robin Canale

Parent of Jessica Nicole Canale 1420 East Roseville Parkway, Suite 140 Roseville, CA 95661

Dear Ms. Canale:

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 April 16, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Jessica Nicole Canale for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). That exemp tion, if granted, would allow Ms. Canale 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 aboard an

aircraft.

The FAA finds that you also require relief from § 121.311(b)(2)(iii)(B). This states, in part, “The child must be properly secured in the restraint system and must not exceed the specific weight limit for the restraint system.” The FAA recognizes that compliance with this specific requirement is the responsibility of the certificate holder, not the individual. However, in this unique situation, the FAA believes that the public interest is not served by requiring Ms. Canale to ask air carriers to petition the FAA on her behalf every time she and her family

wish to travel on a commercial air carrier.

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 Jessica Nicole Canale.2

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, such as those people described in Grants of Exemption No. 7831 and 8264 (copies enclosed), had previously completed flights using restraint systems that 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 that 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 petitioners in the enclosed grants of exemption;

 the reasons stated by the FAA for granting the enclosed exemptions 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 Ms. Jessica Nicole Canale an exemption from § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating under part 121 while Ms. Canale is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Ms. Canale to exceed the specified weight limit for an FAA-approved child restraint system during use of that child restraint system aboard an aircraft.

All operations under this exemption must be conducted with at least one of Ms. Canale’s parents or a caregiver accompanying her. Ms. Canale may only occupy a passenger seat with no passenger seated behind her. In addition, Ms. Canale’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 flight3

This exemption terminates on May 31, 2010, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosures