U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

August 08, 2014 

Mr. Ahmad Abu-Laila 

Parent ofNoor Abu-Laila 

9393-131A 

Surry, Canada V3V6Z4 

Dear Mr. Abu-Laila: 

800 Independence Ave .. S W 

Washington. D.C. 20591 

This letter is to inform you that we are unable to process your request for an extension of 

Exemption No. 10641 from§ 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). 

This letter also explains why we can not process your request and what you should do in the 

next 20 days. 

Why We Cannot Process Your Request 

We entered your July 24, 2014 extension request into the Federal Docket Management System 

(FDMS) under docket number: FAA-2012-0979; but we are unable to process your request 

any further. The information you provided does not comply with the requirements of§ 11 .81 

(copy enclosed). For the FAA to consider your request any further, please visit 

http://kidsflysafe.com/instructions/cares-for-special-needs-flyers/ and scroll down until you 

see template letter #2 "Request for an Extension of a Previously Granted Exemption to use 

CARES for Larger/Older Persons". Cut and paste that information into a letter, fill in all of 

the necessary blanks and bold items and after you finish the letter go to the FDMS at 

www.regulations.gov and type your docket number (FAA-2012-0979) to upload your letter. 

What You Should Do 

If you want us to process your extension request any further, you must send the information 

described earlier to reach us within 20 days, in order for us to be able to positively overlap the 

expiration of your active current Exemption. We will consider the docket on your request 

open for the 20 days noted to give you time to provide the required information from you. 

If We Do Not Hear From You 

If we do not hear fTom you within 20 days, we may close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677. 
2 

If We Do Hear From You 

Once the FAA receives your complete request, processing the extension (technical analysis, a 

decision regarding a grant or denial of the extension and transmitting the grant or denial to 

you) typically takes about 45-60 days. When the FAA grants this type of extension, it is 

usually effective for five years. 

However, in the event that you do not secure the extension on time and you wish to fly before 

you secure an extension, we wanted to give you some information and options so you can 

make informed choices regarding your travel. 

If a child exceeds the weight limit or the height limit for CARES, FAA regulations prohibit 

the use of CARES during taxi, takeoff and landing on U.S. aircraft. However, even if a child 

exceeds 44 pounds or 40 inches, he or she can use CARES anytime except for taxi, takeoff 

and landing (which means there is no regulation that prohibits use of CARES during cruise 

flight). 

You may also wish to think about using an FAA Approved Child Restraint System (CRS) that 

can accommodate a larger child. Air carriers are required to allow the use of approved CRSs 

if a child is within the approved weight and height requirements and a ticket has been 

purchased for the child. The FAA does not recommend any particular CRS; however, below 

we have provided some websites where you can fmd CRSs (approved for use in automobiles 

and aircraft) that can be used with children up to 150 pounds and five feet tall. The FAA 

considers anyone who has not reached their 18th birthday to be a child for the purpose of our 

regulations regarding CRSs; therefore, a child could use a CRS that accommodates their 

weight and height on any US airline until they turn 18 years of age. 

Websites listing FAA Approved CRS that can accommodate a larger child--

(1) Columbia Medical--http://www .columbiamedical.com (Phone- 1-562-282-0244) --

Child TheraPedica Positioning Seat, CM2000-- Accommodates users up to 102 lbs and up 

to 5 feet tall- FAA Approved for use in aircraft. 

(2) Carrie Tumbleforms--(Adaptive Mall- http://www.adaptivemall.com (Phone- 1-800-

371-2778) Elementary Carrie Seat 4641M--For children up to 60 lbs--FAA approved for use 

in aircraft. 

(3) Brittax--http://www.britaxusa.com (Phone- 1-888-427-4829) (High Capacity 

Convertibles- Up to 65 lbs- Models: Marathon, Marathon CS, Decathlon, Boulevard, 

Boulevard CS, Advocate CS) (One model- Frontier 85 SICT accommodates users up to 85 

lbs. and 4 feet nine inches tall- http://wvvw.britaxusa.com/car-seatslfrontier-85-sict#)--All 

models arc FAA approved for use on aircraft. 
3 

(4) Diono- (bttp://us.diono.com/en/car-seats/radian-rxt) Radian RXT (Approx $250-280) 

(Phone- 253-268-2500 or 855-463-4666) accommodates users up to 80 lbs. and 4 feet nine 

inches tall - Is FAA approved for use in aircraft. 

(5) Special Tomato- -Adaptive Mall- http://www.adaptivemall.com (Phone- 1-800-371-

2778) --Small MPS accommodates users up to 80 lbs. and 50 inches tall, Large A MPS 

accommodates users up to 150 lbs. and 60 inches tall--Both models are FAA approved for use 

in aircraft. 

I have also included an image of the labeling on a CRS that indicates that it is FAA approved 

for use in aircraft. 

Sincerely, 

Michelle Ferritto 

Acting Manager, Airmen and 

Airspace Rules Division 
V.S. CV VEI\N M EN;;; INFOR.MI\'J'ION 

CPO 

Federal Aviation Administration, DOT 

(3) The recordkeeping and reporting 

burdens of your proposed action and 

whom the burdens would affect. 

(4) The effect of your proposed action on the quality of the natural and social 

environments. 

§ 11.73 How does FAA process peti- tions for rulemaking? 

After we have determined the disposition of your petition, we will con- tact you in writing about our decision. 

The FAA may respond to your petition 

for rulemaking in one of the following 

ways: 

(a) If we det ermine that your petition 

justifies our t aking the action you suggest, we may issue an NPRM or ANPRM. We will do so no later than 6 

months after the date we receive your 

petition. In making our decision, we consider: 

(1) The immediacy of the safety or se- curity concerns you raise; 

(2) The priority of other issues the 

FAA must deal with; and 

(3) 1'he resources we have available 

to address these issues. 

(b) If we have issued an ANPRM or NPRM on the subject matter of your 

petition, we will consider your arguments for a rule change as a comment 

in connection with the rulemaking proceeding. We will not treat your petition as a separate action. 

(c) If we have begun a rulemaking 

project in the subject area of your petition, we will consider your comments 

and arguments for a rule change as part of that project. We will not treat 

your petition as a separate action. 

(d) If we have tasked ARAC to study 

the general subject area of your petition, we will ask ARAC to review and 

evaluate your proposed action. We wil.ll 

not treat your petition as a separate 

action. 

(e) If we determine that the issues 

you identify in your petition may have 

merit, but do not address an immediate 

safety concern or cannot be addressed 

because of other priorities and resource constraints, we may dismiss your peti- tion. Your comments and arguments 

for a rule change will be placed in a 

database, which we will examine when we consider future rulemaking. 

29 

§ 11.81 

§ 11.75 Does FAA invite public com- ment on petitions for rulemaking? 

Generally, FAA does not invite public comment on petitions for rule- making. 

§ 11.77 Is there any additional information I must include in my peti- tion for designating airspace? 

In petitions asking FAA to establish, 

amend, or repeal a designation of airspace, including special use airspace, 

you must include all the information 

specified by §11.71 and also: 

(a) The location and a description of 

the airspace you want assigned or designated; 

(b) A complete description of the ac- tivity or use to be made of that airspace, including a detailed description 

of the type, volume, duration, time, 

and place of the operations to be con- ducted in the area; 

(c) A description of the air navigation, air traffic control, surveillance, 

and communication facilities available 

and to be provided if we grant the designation; and 

(d) The name and location of the 

agency, office, facility, or person who 

would have authority to permit the use of the airspace when it was not in use for the purpose to which you want it 

assigned. 

§ 11.81 What information must I include in my petition for an exemption? 

You must include the following infor- mation in your petition for an exemption and submit it to FAA as soon as you know you need an exemption. 

(a) Your name and mailing address 

and, if you wish, other contact information such as a fax number, telephone number, or e-mail address; 

(b) The specific section or sections of 

14 CFR from which you seek an exemption; 

(c) The extent of relief you seek, and 

the reason you seek the relief; 

(d) The reasons why granting your re- quest would be in the public interest; 

that is, how it would benefit the public as a whole; 

(e) The reasons why granting the ex- emption would not adversely affect 

safety, or how the exemption would 

provide a level of safety at least equal 
§ 11.83 

to that provided by the rule from 

which you seek the exemption; 

(f) A summary we can publish in the 

FEDERAL REGISTER, stating: 

(1) The rule from which you seek the 

exemption; and 

(2) A btief description of the nature 

of the exemption you seek; 

(g) Any additional information, views or arguments available to support your 

request; and 

(h) If you want to exercise the privileges of your exemption outside the 

United States, the reason why you 

need to do so. 

§ 11.83 How can I operate under an ex- emption outside the United States? 

If you want to be able to operate 

under your exemption outside the 

United States, you must reque.st this 

when you petition for relief and give us the reason for this use. If you do not 

provide your reason or we determine 

that it does not justify this relief, we will limit your exemption to use within 

the United States. Before we extend 

your exemption for use outside the United States, we will vetify that the 

exemption would be in compliance with 

the Standards of the International 

Civil Aviation Organization (ICAO). If 

it, would not, but we still believe it 

would be in the public interest to allow 

you to do so, we will file a difference 

with ICAO. However, a foreign country 

still may not allow you to operate in 

that country without meeting the ICAO standard. 

§ 11.85 Does FAA invite public com- ment on petitions for exemption? 

Yes, FAA publishes information 

about petitions for exemption in th e FEDERAL REGISTER. The information 

includes-

(a) The docket number of t he petition: 

(b) The citation to the rule or rules 

from which the petitioner requested re- lief; 

(c) The name of the petitioner; 

(d) The petitioner's summary of the 

action requested and the reasons for re- questing it; and 

(e) A request for comments to assist 

FAA in evaluating the petition. 

30 

14 CFR Ch. I (1-1-11 Edition) 

§ 11.87 Are there circumstances in 

which FAA may decide not to publish a summary of my petition for exemption? 

The FAA may not publish a summary 

of your petition for exemption and re- quest comments if you present or we find good cause why we should not 

delay action on your petition. The factors we consider in deciding not to re- quest comment include: 

(a) Whether granting your petition would set a precedent. 

(b) Whether the relief requested is 

identical to exemptions granted previously. 

(c) Whether our delaying action on your petition would affect you adversely. 

(d) Whether you filed your petition in a timely manner. 

§ 11.89 How much time do I have to 

submit comments to FAA on a peti- tion for exemption? 

The FAA states the specific time allowed for comments in the FEDERAL 

REGISTER notice about the petition. We 

usually allow 20 days to comment on a petition for exemption. 

§ 11.91 How does FAA inform me of its 

decision on my petition for exemp· tion? 

The FAA will notify you in writing 

about its decision on your petition. A copy of this decision is also placed in 

the public docket. We will include the 

docket number associated with your 

petition in our letter to you. 

[Docket No. FAA- 200!)..22982. 71 FR 1485, Jan. 10, 20061 

§ 11.101 May I ask FAA to reconsider 

my petition for rulemaking or peti· 

tion for exemption if it is denied? 

Yes, you may petition FAA to recon- sider your petition denial. You must 

submit your request to the address to 

which you sent your original petition, 

and FAA must receive it within 60 days 

after we issued the denial. For us to ac- cept your petition, show the following: 

(a) That you have a significant additional fact and why you did not present 

it in your original petition; 

(b) That we made an important factual error in our denial of your original 

petition; or