AFS-12-070-E November 09, 2011

Exemption No. 10386 Regulatory Docket No. FAA-2011-1236

Ms. Dana Butler Wish Program Coordinator

Make-A-Wish Foundation of MA and RI 181 Park Avenue, Suite 12 West Springfield, MA 01089

Dear Ms. Butler:

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 submission received November 2, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Jeremy Rivera 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 Mr. Rivera 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 an aircraft.

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 Jeremy Rivera.

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. 10056 (copy enclosed), the FAA found that the petitioner also required relief from § 121.311(b)(2)(iii)(B). This states, in part, “The child must be properly secured in the restraint system and must not exceed the specific weight limit for the restraint system.” The FAA recognized that compliance with this specific2

requirement was the responsibility of the certificate holder not the individual. However, in that unique situation, the FAA believed that the public interest was not served by requiring the petitioner to ask air carriers to petition the FAA on his/her behalf every time the petitioner wished to travel on a commercial air carrier. 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;

 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 Mr. Jeremy Rivera an exemption from 14 CFR § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating under part 121 while Mr. Rivera is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Mr. Rivera to exceed the specified weight limit for an FAA-approved CRS during use of that child restraint system aboard an

aircraft.

All operations under this exemption must be conducted with at least one of Mr. Rivera’s parents or a caregiver accompanying him. Mr. Rivera may only occupy a passenger seat with no passenger seated behind him. In addition, Mr. Rivera’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, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service

Enclosure