AFS

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- E October 21, 2013

Exemption No. 10877 Regulatory Docket No. FAA

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- 0 785

Mr. Manuel Lopez Parent of Hector Lopez

1171 Sherwood Avenue Elgin, IL 60120

Dear Mr. Lopez :

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 Septem ber 5 , 2013 , you petitioned the Federal Aviation Administration (FAA) on behalf of Hector Lopez for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). The exemption, if granted, would permit Hector Lopez to travel in a Columb ia Medical Spirit Adjustable Positioning System without occupying an FAA

- approved seat or berth with a separate belt properly secured about him during movement on the surface, takeoff, and landing.

The FAA has determined that good cause exists for not p ublishing 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 Hector

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 7831 (copy enclosed), the FAA found that the proposed exemption provided an equivalent level of safety to the affected section. In this grant, the airplane seatbelt re quired by § 121.311(b) that was to be fastened

about the individual would instead secure either the Ortho Kinetics Travel Chair Model 6332 or the MERU Travel Chair into the passenger seat

. The FAA further found that the petition , if2

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 G rant
of E xemption No. 7831

.

• the reasons stated by the FAA for granting the enclosed Grant of E xemption 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. 40 113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Hector Lopez exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121 while Hector is aboard its aircraft is granted an exempti on from 14 CFR § 121.311(b) to the extent necessary to allow

him to use the Columbia Medica l Spirit Adjustable Positioning System aboard a U.S. aircraft.

All operations under this exemption must be conducted with a caregiver accompanying

Hector

. Hector

, while seated in the Columbia Medica l Spirit Adjustable Positioning System

, must be secured with the internal restraint system. The Columbia Medical Spirit Adjustable Positioning System must be secured in the airplane passenger seat by means of the airplan e passenger seatbelt in accordance with the instructions provided with the Columbia Medical Spirit Adjustable Positioning System

. In addition, Hector’s caregiver must carry a copy of this exemption and advise the air carrier about the contents of the exem ption at least 48 hours before the date of each flight.

This exemption t erminates on October 31 , 201 8 , unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards Service

Enclosures