AFS-12-429-E 

June 22, 2012 

 Exemption No. 10569 

 Regulatory Docket No. FAA-2012-0619 

Mr. Steven Smith 

Parent of Avery Smith 

113 North Street 

Tewksbury, MA 01876 

Dear Mr. Smith: 

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 June 5, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Avery Smith 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 Avery 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 Avery. 

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 
2 

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

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 Avery Smith exemption from 

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

under part 121 while Avery is aboard its aircraft is granted an exemption from 

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Avery 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 Avery’s parents or 

a caregiver accompanying him. Avery Smith may only occupy a passenger seat with no 

passenger seated behind him. In addition, Avery’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 July 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/S/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service 

Enclosure