AFS-13-313-E

May 13, 2013

 Exemption No. 10765

 Regulatory Docket No. FAA-2013-0321

Ms. Ebony Phillip

Parent of Samayah Phillip

11511 208th Street

Cambria Heights, NY 11411

Dear Ms. Phillip:

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 April 5, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Samayah Phillip 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 Samayah 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 Samayah.

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 

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 
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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 Samayah Phillip exemption from 

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

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

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

or a caregiver accompanying him. Samayah Phillip may only occupy a passenger seat with no 

passenger seated behind him. In addition, Samayah’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 May 31, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards

Service

Enclosure