AFS

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Exemption No. 10813

Regulatory Docket No. FAA

- 20 1 3

- 0549

Mr. Nicholas Carino

Parent of Gianni Carino

3 Rebecca Lane

Stoneham, MA 02180

Dear Mr. Carino :

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 Ou r Decision

By letter received June 18 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA)

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

Federal Regulations (14 CFR)

. That exemp tion , if granted, w ould allow Gianni 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 determined th at 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 Gianni

.

The FAA has issued grants of exemp tion 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 the2

petition , if granted, would not set any new precedents regarding the use of restrai nt 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 encl osed 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 Gianni Ca rino an exemption from § 121.311(b). In

addition, any air carrier or commercial operator operating under part 121 while Gianni is

aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary

to allow him to use an FAA

- appro ved CRS aboard a U.S. aircraft

.

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

or a caregiver accompanying him

. Gianni Carino may only occupy a passenger seat with no

passenger se ated behind him

. In addition, Gianni ’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 July 31 , 201 8 , unle ss sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards

Service

Enclosure3

Project No.: A FS

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Project Officer: _______________

A RM

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MR NICHOLAS CARINO

PARENT OF GIANNI CARINO

3 REBECCA LANE

STONEHAM MA 02180