AFS

- 13

- 052

- E November 14, 2012

Exemption No. 10657

Regulatory Docket No. FAA

- 2012

- 11 96

Mr. Michael Ricci

Parent of Andrew Ricci

256 Gallant Fox Lane

Webster, NY 14580

Dear Ms. Hensley :

This letter is to inform you that we have g ranted 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 October 25 , 2012 , you petitioned the Fe deral Aviation Administrat ion

(FAA) on behalf of Andrew Ricci 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 Andrew to

exceed the specified weight limit for an FAA

- a pproved 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

i n 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 Andrew

.

The FAA has issued grants of exemption in circumstances similar in all material respects to

those pre sented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA2

found that numerous p eople with physical challenges had previously completed flights using

restraint systems that addressed unique physical needs regarding safety, support, an d 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 disabilities.

Having reviewed your reas ons for requesting an exemption, I find that

—

• they do not differ materially from those presented by the petitioner in the enclosed grant.

• the reasons stated by the FAA for granting the enclosed exemption also apply to the

situation you present ; and

• a gran t of exemption is in the public interest.

Our Decision

Under the authority containe d in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegated to me, I hereby grant Andrew Ricci exemption from

14 CFR § 121.311(b) (2)(iii)(B). In addition, an y air carrier or commercial operator operating

u nder part 121 while Andrew is aboard its aircraft is gra n ted an exemption from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Andrew to exceed the

specified weight limit for an FAA

- approved C RS during use of that CRS aboard a U.S.

aircraft.

All operations under this exemption must be conducted w ith at least one of Andrew ’s parents

or a caregiver accompanying him

. Andrew Ricci may only occupy a passenger seat with no

passenger s e ated behind him

. In addition, Andrew ’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 No vember 30

, 201 4 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards

Service

Enclosure