AFS

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- E March 25, 2013

Exemption No. 10728 Regulatory Docket No. FAA

- 201 3

- 0248

Mr. Anthony Bonfiglio

Parent of Sara Bonfiglio 1215 West Fairy Chasm Road

River Hills, WI 53217

Dear M r. Bonfiglio :

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 received, March 8, 2013

, you petitioned the Federal Aviation Administration (FAA)

on behalf of Sara Bonfiglio for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). That exe mption, if granted, would allow Sara Bonfiglio 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 U.S. aircraft. In Sara ’s cas e, because she is over 18 years of age, 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 exem ption would not set a precedent and any delay in acting on this petition would be det rimental to Sara

.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 p eople 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 precedents regarding the use of restraint systems by persons with disabilities.

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

—

• t hey 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 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 Sara Bonfiglio an exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121 while Sara is aboard its aircraft is granted an exemption from § 121.311(b) to the extent necessary to allow Sara 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 exemp tion must be conducted w ith a caregiver accompanying Sara

. Sara Bonfiglio may only occupy a passenger seat with no passenger se ated behind her

. In addition, Sara ’s 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 April 30, 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Direct, Flight Standards

Service

Enclosure