AFS

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- E July 14, 2013

Exemption No. 10822 Regulatory Docket No. FAA

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- 0 599

Mr. Kevin Mulholland 505 Piping Rock Drive Chesapeake, VA 23322

Dear Mr. Mulholland :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated July 1 , 2013

, you petitioned the Federal Aviation Administration (FAA) 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 you 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 your case, because

y ou are over 18 years of age, an exemption must also be granted from the requ irement in § 121.311(b), that the individual be a “child”.

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 acti ng on this petition would be detrimental to you

.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant s of Exemption No s . 7831 and 8264 (cop ies enclosed), t he FAA found that numerous p eople with physical challenges had previously completed flights using restraint systems

. The use of these restraint systems addressed unique physical needs regarding safety, support, and security in the same manner of operations as2

described in t his 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 disabilities.

Having reviewed your reasons for requesting an exemption, I find that

—

• they do not dif fer materially from those presented by the petitioner in the enclosed G rant of Exemption No. 7831

.

• the reasons stated by the FAA for granting the enclosed Grant of E xemption No. 7831 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 you ( Kevin Mulholland ) exemption from § 121.311(b). In addition, any air carrier or commercial o perator operating under part 121 while you are aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary to allow

you to exceed the specified weight limit for an FAA

- approved CRS during use of that CRS

aboard a U.S. aircr aft.

All operations under this exemption must be conducted with at least a caregiver accompanying you

. You may only occupy a passenger seat with no passenger seated behi nd

you . In addition, you or your caregiver must carry a copy of this exemption and a dvise the air carrier about the contents of the exemption at least 48 hours before the date of each flight.

This exemption t erminates on Jul y 31 , 201 8 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosures