US Deportment ofTransportation Federal Aviation Administration March 27, 2015 Exemption No. 11232 800 Independence Ave

.. S.W

. Wash in glon

. DC

. 2059 1

Regulatory Docket No. FAA-20 15-0360
Mr. Kevin K. Fenske and Mrs. Shannon M. Fenske Parents ofMarissa R. Fenske 215 Emerald Drive Reeseville, WI 53579 Dear Mr. and Mrs. Fenske: 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 ofthe exemption, including the date it ends. 

### The Basis for Our Decision By letter posted to the proper docket on February 12, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalfofyour daughter Marissa R. Fenske for an exemption from § 121.311(b) ofTitle 14, Code of Federal Regulations ( 14 CFR). That exemption, ifgranted, would allow Marissa to exceed the specified weight and/or height limit for an FAA-approved child restraint system (CARES , manufactured by 

### AmSafe Corporation) during use ofthat child restraint system (CRS) aboard a Unite States (U.S.)-registered aircraft. 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 Marissa. The FAA has issued grants ofexemption in circumstances similar in all material respects to those presented in your petition. In Grant ofExemption No. 9834 (copy enclosed), the FAA found that numerous persons with physical challenges had previously completed flights using restraint systems that 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 precedent regarding the use ofrestraint systems by persons with disabilities.

AFS-15-674-E2 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 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 ofexemption is in the public interest. Our Decision Under the authority contained in 49 U.S.C. 

### §§ I06(f), 40II3 and 4470I , which the FAA Administrator has delegated to me, I hereby grant Marissa R. Fenske an exemption from 

### § 121.311 (b). In addition, any air carrier or commercial operator operating under part 121 while Marissa is aboard its aircraft is granted an exemption from 14 CFR 

### § 121.31I(b) to the extent necessary to allow her to use an FAA-approved CRS aboard a U.S. registered aircraft. All operations under this exemption must be conducted with at least one ofMarissa' s parents or a caregiver accompanying her. Marissa R. Fenske may only occupy a passenger seat with no passenger sea ted behind her. In addition , Marissa' s parent(s) or 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 flight. This exemption terminates on March 3I, 2020, unless sooner superseded or rescinded. Sincerely,

John Barbagallo Acting Deputy D irector, F light Standards Services

Enclosure