AFS-12-136-E January 13, 2012

Exemption No. 10436 Regulatory Docket No. FAA-2011-1392

Ms. Jean Mcelearney Parent of Jamie Mcelearney 35 Ripley Road Medford, MA 02155

Dear Ms. Mcelearney:

This letter is to inform you that we have granted your 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 received December 18, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Jamie Mcelearney for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Ms. Mcelearney to exceed the specified weight limit for an FAA-approved child restraint system (CAReS, manufactured by AmSafe Corpor ation) during use of that child restraint system (CRS) aboard an aircraft.

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 Jamie Mcelearney.

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 Nos. 7831 and 8264 (copies enclosed), had previously completed flights2

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 Grant of Exemption Nos. 7831 and 9834 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 petitioner in the enclosed grant of Exemption Nos. 9834, 7831 and 8264;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 9834, 7831, and 8264; 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. Mcelearney an exemption from 14 CFR § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating under part 121 while Ms. Mcelearney is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Ms. Mcelearney to exceed the specified weight limit for an FAA-approved CRS during use of that CRS aboard an aircraft.

All operations under this exemption must be conducted with at least one of Ms. Mcelearney’s parents or a caregiver accompanying her. Ms. Mcelearney may only occupy a passenger seat with no passenger seated behind her. In addition, Ms. Mcelearney’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 terminates on January 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure