AFS-14-035-E 

December 4, 2013 

 Exemption No. 10903 

 Regulatory Docket No. FAA-2013-0992 

Ms. Shari Duncan 

Parent of Nickolas Duncan 

429 X Street SE 

Tumwater, WA 98501 

Dear Ms. Duncan: 

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 November 15, 2013, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Nickolas Duncan 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 

Nickolas to exceed the specified weight limit for an FAA-approved child restraint system 

(CAReS, manufactured by AmSafe Corporation) during use of that child restraint system 

(CRS) aboard a United States (U.S.) aircraft. In Nickolas’ case, although he is currently13 

years old, he will be over 18 years old before this exemption terminates, therefore 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 the 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 Nickolas. 
2 

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 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, if granted, would not set any new precedence 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 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. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Nickolas Duncan an exemption from § 121.311(b). In 

addition, any air carrier or commercial operator operating under part 121 while Nickolas is 

aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary 

to allow him to use an FAA-approved CRS aboard a U.S. aircraft. 

All operations under this exemption must be conducted with at least one of Nickolas’ parents 

or a caregiver accompanying him. Nickolas Duncan may only occupy a passenger seat with 

no passenger seated behind him. In addition, Nickolas’ 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 30, 2018, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosure