### U.S

.Deportment ofTransportation 

### Federal Aviation Administration 

### August 08, 2014

Mr. Ahmad Abu

-Laila Parent ofNoor Abu-Laila 9393

- 131A Surry, Canada V3V6Z4
Dear Mr. Abu-Laila: 800 I ndependence 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

. 1064 1 from§ 121.311(b) ofTitle 14, Code ofFederal 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 Ifyou 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 ofyour 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 H ear From You 

## Ifwe do not hear fTom you within 20 days, we may close the docket without notifying you further. Ifyou 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 ofthe extension and transmitting the grant or denial to you) typically takes about 45 -60 days. When the FAA grants this type ofextension, 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 ifa 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 ofCARES 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 ofapproved 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) tha t 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 ofour 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-seatslf r ontier-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

-800-37 1- 2778) --Small MPS accommodates users up to 80 lbs. and 50 inches tall, Large 

# AMPS 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 ofthe labeling on a CRS that indicates that it is FAA approved for use in aircraft

.

Sincerely,

Michelle Ferritto Acting Manager, Airmen and Airspace Rules DivisionV

.S

. C V V E I\ 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 dis

position 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 i t 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 exempt ion and subm it 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 w hole; (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 summa ry 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 exempt ion 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 e xemption 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 outs ide th e United States, we will vetif y 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 pet i tions for exemption in th e FEDERAL REGISTER. The information includes-

(a) The docket number of t h e petition:

(b) The citation to the rule or rules from which the petit i oner requested re- lief;

(c) The name of the petitioner; (d) The petitioner's summary of the action requested and the reasons for re- questing i t; and



### (e) A 

### request for comments to assist FAA in evaluating the pe tition. 

### 30 14 CFR Ch

. I (1-1-11 Edition) § 11.87 Are there circumstances in which FAA may decide not to publish a summary o f my petition f o r exe mption? The FAA may not publish a summar y 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 p etition 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 F AA 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 ex emp· 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 e xe mption ifit is denied? Yes, you may petition FAA to recon- sider your petit i on denial. You must submit your request to the address to which you sent your original petition, and FAA must receive i t 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 fac

### tual error in our deni al of your original pe t ition; or