AFS

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- E May 13, 2013

Exemption No. 1076 5

Regulatory Docket No. FAA

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- 03 21

Ms

. Ebony Phillip

Parent of Samayah Phillip

11511 208 th 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 Decis ion

By letter received April 5 , 2013 , you petitioned the Federal Aviation Administrat ion (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 exemp tion , 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 g ood cause 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 Samayah

.

The FAA has issued grants of exemptio n 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 eople with physical challenges had previously completed flights using

restraint systems th at 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 the2

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 enclose d exemption also apply to the

situation you present ; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority containe d in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegated to me, I hereby grant Samayah Phil lip exemption from

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

u nder part 121 while Samayah is aboard its aircraft is gra n ted an exemption from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to all ow 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 w ith at least one of Samayah ’s parents

or a caregiver accompanying hi m

. Samayah Phillip may only occupy a passenger seat with no

passenger se ated 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