AFS

- 13

- 009

- E November 8, 2012

Exemption No. 10656

Regulatory Docket No. FAA

- 2012

- 10 94

M r

. David Carter

Parent of Alexis Carter

6893 Hillside Drive SW.

Navarre, O H 44662

Dear M r

. Carter :

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 received October 5 , 2012 , you petitioned the Federal Aviation Administrat ion (FAA)

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

Federal Regulations (14 CFR)

. That exemp tion , if grante d, would allow Alexis 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.

The FAA has determine d 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 Alexis

.

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

those presented 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 sys tems 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 res traint 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.

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

has delegated to me, I hereby grant Alexi s Carter exemption from

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

u nder part 121 while Alexis 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 Alexis 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 w ith at least one of

Alexis ’s parents or a caregiver accompanying her

. Alexis Carter may only occupy a passenger

seat with no passenger se ated behind her

. In addition, Alexis ’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 November 30 , 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovick

Acting Deputy Director, Flight Standards

Service

Enclosure