US Department ofTransportation Federal Aviation Administration April 28, 2015

Ms. Robertine Benson Caregiver ofMr. Thomas Westlake 402 South Division Street Carson City, NV 89703 Dear Ms. Benson: Exemption No. 11444 800 Independence Ave

. . S W Washi ngton

. D

.C 20591

Regulatory Docket No. FAA-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 ofthe 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 behalfofMr. Thomas Westlake for an exemption from 

### § 121.311(b) ofTitle 14, Code ofFederal Regulations ( 14 CFR). That exemption, ifgranted, 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 ofthe 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 ofexemption in circumstances similar in all material respects to those presented in your petition. In Grants ofExemption Nos. 7831 and 8264 (copies enclosed), the FAA found that numerous people with physical challenges had previously completed flights using restraint systems. The use ofthese restraint systems addressed unique physical needs regarding safety, support, and security in the same manner ofoperations as described in this petition. The FAA further found that the petition would not set any new precedents regarding the use ofrestraint systems by persons with disabilities. Having reviewed your reasons for requesting an exemption, I find that

- • they are similar in all material respects to reliefpreviously requested in the enclosed Grant ofExemption Nos. 7831 and 8264 ; • the

.reasons stated by the FAA for granting the enclosed Grant ofExemption Nos. 7831 and 8264 also apply to the situation you present; and • a grant ofexemption 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 ofthis exemption and advise the air carrier about the contents ofthe exemption at least 48 hours before the date ofeach 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