US Department 

of Transportation 

Federal Aviation 

Administration 

April 28, 2015 

Ms. Robertine Benson 

Caregiver of Mr. Thomas Westlake 

402 South Division Street 

Carson City, NV 89703 

Dear Ms. Benson: 

Exemption No. 11444 

800 Independence Ave .. S W 

Washington. D.C 20591 

Regulatory Docket No. F AA-20 14-0710 

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 posted to the docket on March 23, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Mr. Thomas Westlake for an exemption from 

§ 121.311 (b) of Title 14, Code of Federal Regulations ( 14 CFR). That exemption, if granted, 

would allow Mr. Westlake to exceed the specified weight and/or height limit for an FAAapproved child restraint system (CAReS, manufactured by AmSafe Corporation) during use of 

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

In Mr. Westlake's case, since he is an adult, 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 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 Mr. Westlake. 

AFS-15-897-E 
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 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 are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption Nos. 7831 and 8264; 

• the.reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 7831 

and 8264 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(t), 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Mr. Thomas Westlake an exemption from 

§ 121.311 (b). In addition, any air carrier or commercial operator operating under part 121 

while Mr. Westlake 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 

FAA-approved CRS during use aboard a U.S.-registered aircraft. 

All operations under this exemption must be conducted with a caregiver accompanying him. 

Mr. Thomas Westlake may only occupy a passenger seat with no passenger seated behind 

him. In addition, Mr. Westlake'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 tlight. 

This exemption terminates on April 30, 2020, unless sooner superseded or rescinded. 

Sincerei ~A;Ji, 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 

Enclosures