AFS

- 13

- 307

- E May 02, 2013

Exemption No. 1075 9 Regulatory Docket No. FAA

- 20 13

- 0 311

Mr. Jeffrey Hoffman

2913 Patten Hill Drive Matthews, NC 28105

Dear Mr. Hoffman :

This letter is to infor m you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated April 1 , 2013 , you petitioned the Federal Aviation Administration (FAA) an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow you to exceed the specified weight limit for an FAA

approved child r estraint system (CAReS, manufactured by AmSafe Corporation) during use of that child restraint system (CRS) aboard a United States (U.S.) aircraft. In your case, becau se you are over 18 years of age, an exemption must also be granted from the requirement in § 121.311(b), that the individual be a “child”. However, the reasons for requesting this exemption do not differ materially from those presented by the other petitioners and the reasons stated by the FAA for granting other exemptions also apply to the situation you
present.

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 detrimen tal to you

.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant s of Exemption No s . 7831 and 8264 (cop ies enclosed), t he FAA found that numerous p eople with physical challen ges had previously2

completed flights using restraint systems

. The use of these restraint systems addressed unique physical needs regarding safety, support, and security in the same manner of operations as described in this petition. The FAA further found t hat 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 b y 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 you ( Jeffrey Hoffman ) exemption from § 121.311(b). In addition, any air carrier or commercial operator operating under part 121 while you are aboard its aircraft is granted an exemption from 14 CFR § 121.311(b) to the extent necessary to allow

you 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 a ca regiver accompanying you

. You may only occupy a passenger seat with no passenger seated behi nd

you . In addition, you or your caregiver must carry a copy of this exemption and advise the air carrier about the contents of the exemption at least 48 hours be fore the date of each flight.3

This exemption t erminates on May 31 , 2015 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight

Standard s S ervice

Enclosures