U.S

.Deportment of Transportation Federal Aviation Administration March 17,2015

Ms. Heather Bird Parent of Elias Bird 23 Seitter Drive Kenora, ON CANADA P9NOH4 Dear Ms. Bird: Exemption No. 1121 I 800 Independence Ave

. . S W Wash ington
. DC 2059 1

Regulatory Docket No. FAA-20 15-0136

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 ofthe exemption, including the date it ends. 

### The Basis for Our Decision By letter posted to the proper docket on January 21, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalfofElias Bird for an exemption from 

### § 121.311 (b) ofTitle 14, Code ofFederal Regulations (14 CFR). That exemption, ifgranted, would allow Elias to exceed the specified weight and/or height limit for an FAA-approved child restraint system (CAReS , manufactured by AmSafe Corporation) during use ofthat child restraint system (CRS) aboard a United States (U.S.) aircraft. The FAA has determined that good cause exists for not publishing a summary ofthe 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 Elias. The FAA has issued grants ofexemption 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 in the same manner ofoperations as described in this petition. The FAA further found that the petition would not set any new precedents regarding the use ofrestraint systems by persons with disabilities. AFS-15-393--E

### 2 Having reviewed your r easons for requesting an exemption, I find that

- • they are similar in all material respects to reliefpreviously requested in the enclosed Grant ofExemption No. 9834; • the reasons stated by the FAA for granting the enclosed Grant ofExemption No. 9834 also apply to the situation you present; and • a grant ofexemption is in the public interest. 

### Our Decision Under the authority contained in 49 U.S.C. §§ 106(t), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Elias Bird an exemption from§ 121.3ll(b). In addition, any air carrier or commercial operator operating under part 121 while Elias is aboard its aircraft is granted an exemption from 14 CFR 

### § 121.311 (b) to the extent necessary to allow him to use an FAA-approved CRS aboard a U.S. aircraft. All operations under this exemption must be conducted with Elias's parent or a caregiver accompanying him. Elias Bird may only occupy a passenger seat with no passenger seated behind him. In addition, Elias 's parent or caregiver must carry a copy ofthis exemption and advise the air carrier about the contents ofthe exemption at least 48 hours before the date of each flight. This exemption terminates on March 31 , 2020 , unless sooner superseded or rescinded. Sincerely,

John Barbagallo Acting Deputy Director, Flight Standards Service

Enclosure