AFS

- 13

- 489

- E August 29, 2013

Exemption No. 10859

Regulatory Docket No: FAA

- 2013

- 0678

Ms. Joanne Davis

Parent of Billy Davis

6 Belvedare Drive Montrose 3765

Victoria, Australia

Dear Ms. Davis :

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 recei ved July 29, 2013 , you petitioned the Federal Aviation Administrat ion (FAA)

on behalf of Billy Davis for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of

Federal Regulations (14 CFR)

. That exemp tion , if granted, would allow Billy to exceed t he

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.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exem ption would not set a precedent and any

delay in acting on this petition would be det rimental to Billy

.

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 p eople with physical challenges had previously completed flights using

restraint systems that addressed unique physica l 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 precedents regarding the use of restraint systems by

persons with dis abilities.2

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 G rant

of Exemption No 9834

.

• the reasons stated by the FAA for granting the enclosed Gran t of E xemption 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 Billy Davis an exemption from § 121.311(b). In addition,

any air carrier or commercial operator operating under part 121 while Billy 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 w ith at least one of Billy ’s parents or a caregiver accompanying h im

. Billy Davis may only occupy a passenger seat with no

passenger se ated behind h im

. In additi on, Billy’ 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 September 30, 201 8 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich

Acting Deputy Director, Flight Standards

Service

Enclosure