AFS

- 15

- 804

- E March 23, 2015

Exemption No. 11219 Regulatory Docket No. FAA

- 20 15

- 0583

Ms. Angela Hoder

Parent of Emily Hoder 329 Township Road, Apartment 303A Toronto, OH 43946

D ear M s. Hoder :

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 posted to the proper docket on March 9, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of your daughter Emily Hoder for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted,

would allow Emily to exceed the specified weight and/or height 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.) register ed 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 Emi ly

.

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 p ersons with physical challenges had previously c ompleted flights using 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 would not set any new precedent re garding the use of restraint systems by persons

with disabilities.2

Having reviewed your reasons for requesting an exemption, I find that

—

• they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 983 4 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9834 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. §§ 106(f), 40113 a nd 44701, which the FAA Administrator has delegated to me, I hereby grant Emily Hoder an exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121

while Emily is aboard its aircraft is granted an exemption fr om 14 CFR § 121.311(b) to the extent necessary to allow her to use an FAA

- approved CRS aboard a U.S. registered aircraft

.

All operations under this ex emption must be conducted with Emily ’s parent or a caregiver accompanying her. Emily Hoder may only occup y a passenger seat with no passenger seated behind her. In addition, Emily ’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 exe mption terminates on March 31, 2020, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service

Enclosure