US Deportment 

of Transportation 

Federal Aviation 

Administration 

March 27, 2015 

Exemption No. 11232 

800 Independence Ave .. S.W. 

Washinglon. DC. 20591 

Regulatory Docket No. F AA-20 15-0360 

Mr. Kevin K. Fenske and Mrs. Shannon M. Fenske 

Parents of Marissa 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 of the 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 behalf of your daughter Marissa R. Fenske for an 

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

exemption, if granted, would allow Marissa to exceed the specified weight and/or height limit 

for an FAA-approved child restraint system (CARES, manufactured by Am Safe Corporation) 

during use of that 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 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 Marissa. 

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 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 of operations as described in this petition. The FAA further found that the 

petition would not set any new precedent regarding the use of restraint systems by persons 

with disabilities. 

AFS-15-674-E 
2 

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 

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 of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. §§ I 06(f), 40 II3 and 4470 I, 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 of Marissa's parents 

or a caregiver accompanying her. Marissa R. Fenske may only occupy a passenger seat with 

no passenger seated behind her. In addition, Marissa's parent(s) 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 March 3I, 2020, unless sooner superseded or rescinded. 

Sincerely, 

John Barbagallo 

Acting Deputy Director, Flight Standards Services 

Enclosure