AFS-12-379-E 

May 31, 2012 

 Exemption No. 10553 

 Regulatory Docket No. FAA-2012-0544 

Ms. Tracy McGinnis 

Parent of Brendan B. McGinnis 

5960 Dudley Court 

Arvada, CO 80004 

Dear Ms. McGinnis: 

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 May 14, 2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Brendan McGinnis 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 Brendan 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 Brendan. 

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 Brendan McGinnis exemption from 14 CFR 

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

part 121 while Brendan is aboard its aircraft is granted an exemption from 14 CFR 

§ 121.311(b)(2)(iii)(B) to the extent necessary to allow Brendan 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 Brendan’s parents 

or a caregiver accompanying him. Brendan McGinnis may only occupy a passenger seat with 

no passenger seated behind him. In addition, Brendan’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 June 30, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service 

Enclosure