AFS-13-441-E

July 14, 2013

 Exemption No. 10822

 Regulatory Docket No. FAA-2013-0599

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 FAAapproved 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 

you are over 18 years of age, an exemption must also be granted from the requirement 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 acting 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 Grants of Exemption Nos. 7831 and 8264 (copies 

enclosed), the FAA found that numerous people 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 as 
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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 disabilities.

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 Grant

of Exemption No. 7831.

• the reasons stated by the FAA for granting the enclosed Grant of Exemption 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 operator 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. aircraft.

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 behind 

you. In addition, you or your 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 July 31, 2018, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service

Enclosures