AFS

- 14

- 348

- E July 9, 2014

Exemption No. 11024 Regulatory Docket No. FAA

- 20 1 4

- 0439

Mr. Ashok Kumar

Parent of Suchir Kumar

555 West 53 rd Street, #945 New York, N Y 10019

D ear M r. Kumar :

This letter is to inform you that we have granted your request for an 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 June 26, 2014

, you petitioned the Federal Aviation Administrat ion (FAA) on behalf of Suchir Kumar for an exemption from § 121.311(b) of Title 14, Code of Federal Regulations (14 CFR)

. That exemp tion

, if granted, woul d allow Suchir to exceed the specified weight limit for an FAA

- appro ved child restraint system (CARE S, 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 cau se exists for not publishing a summary of the petition

in the Federal Register because the requested exem ption would not set a precedent and any delay in acting on this petition would be det rimental to Suchir

.

The FAA has issued grants of exemption in cir cumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA

f

ound that numerous p eople with physical challenges had previously completed flights using restraint systems that addre ssed 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 precedents regarding the use of restraint syste ms by persons

wi th 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. 9834 ;

• the reasons stated by the FAA for granting the enc losed 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

, and 44701, which the FAA Administrator has delegated to me, I hereby grant Suchir Kumar an exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121

while Suchir is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the
extent necessary to allow h im to use an FAA

- approved CRS aboard a U.S. aircraft

.

All operations under this exemption must be conducted w ith at least one of Suchir ’ s parents or a caregiver accompanying h im

. Suchir Kumar may only occupy a passenger seat with no

passenger se at ed behind h im

. In addition, Suchir ’ 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 Ju ly 3 1 , 201 9 , unle ss sooner superseded or rescinded.

Sincerely,

/S/

Ric ardo Domingo Acting Deputy Director, Flight Standards Service

Enclosure