AFS-12-490 -E 

August 22, 2012 

 Exemption No. 10606 

 Regulatory Docket No. FAA-2012-0833 

Ms. Jennifer Moore 

Parent of Kristen Burke-Moore 

101 Overhill Road 

Montevallo, AL 35115 

Dear Ms. Moore: 

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 August 1, 2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Kristen Burke-Moore 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 Kristen 

Burke-Moore 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 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 Kristen Burke-Moore. 

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 people with physical challenges had previously completed flights using 

restraint systems that addressed unique physical needs regarding safety, support, and security 
2 

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— 

 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 contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Kristen Burke-Moore exemption from 

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

under part 121 while Kristen Burke-Moore is aboard its aircraft is granted an exemption from 

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Kristen Burke-Moore 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 with at least one of 

Kristen Burke-Moore parents or a caregiver accompanying her. Kristen Burke-Moore may 

only occupy a passenger seat with no passenger seated behind her. In addition, Kristen 

Burke-Moore 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 August 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service 

Enclosure