AFS

- 13

- 3 39

- E May 23 , 2013

Exemption No. 10777

Regulatory Docket No. FAA

- 20 1 3

- 03 77

Ms

. Nicole Hill

Parent of Kyle Hill

Curkish, Bailieborough

County Cavan, Ireland

Dear Ms. Loucks :

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 let ter received April 1 8, 2013 , you petitioned the Federal Aviation Administrat ion (FAA)

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

Federal Regulations (14 CFR)

. That exemp tion , if granted, would allow Kyle to e xceed 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 f or 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 Kyle

.

The FAA has issued grants of exemption in circumstances si milar 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 p hysical 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 restraint systems by

persons wi th 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 appl y to the

situation you present ; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority containe d in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegated to me, I hereby grant Kyle Hill exemption from 14 CFR § 121.311(b) (2)(iii)(B).

In addition, any air carrier or commercial operator operating u nder part 121 while Kyle is

aboard its aircraft is gra n ted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent

necessary to allow Kyle to exceed the specifie d 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 w ith at least one of Kyle ’s parents or a caregiver accompanying him

. Kyle Hill may only occupy a pas senger seat with no passenger

se ated behind him

. In addition, Kyle ’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.

Th is exemption terminates on May 31 , 201 8 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service

Enclosure