US. Department 

of Tronsporrolioo 

Federal Aviation 

Administration 

November I I, 2015 

Ms. Nancy Lemus 

Parent 

136 Landers Lane 

New Castle, DE 19720 

Dear Ms. Lemus: 

800 Independence Ave . S W 

Wash1ngton. 0 C 20591 

This letter is to infonn you that we are unable to process your request for an exemption from 

§ 121.31 1 (b) of Title 14, Code of Federal Regulations (14 CFR). This letter also explains why 

we can not process your request and what you should do in the next 30 days. 

Why We Cannot Process Your Request 

We entered your October 29,2015 request into the Federal Docket Management System 

(FDMS) under docket number: F AA-20 15-525 1, but we are unable to process your request 

any further. The information you provided does not comply with the requirements of§ 11.8 1 

(copy enclosed). For the FAA to consider your request any further, please visit 

http://kidsflysafe.com/instructions/cares-for-special-needs-flyers/ and scroll down until you 

see the template that you need and paste that infonnation into a letter, fill in a ll of the 

necessary blanks and bold items and after you finish the letter go to the FDMS at 

'..vww.regulations.gov and type your docket number (F AA-20 15-5251) to open your docket 

and then upload your letter. 

Once the r AA receives your complete request. processing the exemption (technical analysis. a 

decision regarding a grant or denial of the exemption and transmitting the grant or denial to 

you) typically takes about 45-60 days. When the FAA grants this type of exemption, it is 

usually effective for five years. However, in the event that you may wish to take your first 

flight before we are able to process completely your request for an exemption, we wanted to 

give you some information and options so you can make informed choices regarding your 

travel. 

If a chi ld exceeds the weight limit or the height limit for CARES, FAA regulations prohibit 

the use of CARES during taxi, takeoff and landing on U.S. aircraft. However, even if a child 

exceeds 44 pounds or 40 inches, he or she can use CARES anytime except for taxi, takeoff 
and landing (which means there is no regulation that prohibits use of CARES during cruise 

flight). 

2 

You may also wish to think about using an FAA Approved CRS that can accommodate a 

larger child. Air carriers are required to allow the use of approved CRS if a child is within the 

approved weight and height requirements and a ticket has been purchased for the child. The 

FAA does not recommend any particular CRS, but there are some websites where you can 

find CRSs (approved for use in automobiles and aircraft) that can be used with children up to 

150 pounds and five feet tall and I have also attached the websites at the end of this letter. The 

FAA considers anyone who has not reached their 18th birthday to be a child for the purpose of 

our regulations regarding CRSs; therefore, a child could use a CRS that accommodates their 

weight and height on any US airline until they turn 18 years of age. 

What You Should Do 

If you want us to process your exemption request any further, you must send the infonnation 

described earlier to reach us within 30 days. We will consider the docket on your request 

open until we receive the required information from you. Please note that § 11.63( d) requires 

you to send your petition for exemption at least 120 days before the proposed effective date of 

the exemption. 

If We Do Not Hear From You 

If we do not hear from you within 30 days, we will close the docket without notifying you 

fu11her. If you have any questions or require additional time, you may call (202) 267-7977. 

Sincerely, 

en a 

Program f\nalyst 

Airspace Rules Division 

Enclosure 
fAA Approved CRS that can accommodate a larger child--

(1) Columbia Medical-- http://www.columbiamedical.com -- l-562-282-0244-- Child 

TheraPedic Positioning Seat, CM2000 

3 

(2) Adaptive Mall -- http://wwvl.adaptivcma ll.com -- 1-800-3 7 1-2778 -- Can-ie Tumbleforms 

(3) Brittax -- http://\\\\W.britaxusa.com 

(4) Diona-- http://us.diono.com/en/car-scats/radian-rxt -- Radian RXT 

(5) Adaptive Mall-- http://www.adaplivema ll.com -- 1-800-371-2778 -- Special Tomato. 
A U THlNTU;AT(flVj U ~ C..OVERN:'\1EZ... T tNF(')AMAl iON 

C PO 

Federal Aviation Administration, DOT 

(3) The rccordkeeping and t'eporting 

burdens of your proposed action and 

whom the burdens would affect. 

(4) The effect of your proposed action 

on the quality of the natural a nd social 

environments. 

H1.73 How docs FAA process petitions for ntlemaking? 

After we have detct·mined the disposition of your petition. we will contact you in writing about our decision. 

The FAA may respond to your petition 

for rulemaking in one of the following 

ways: 

(a) If we determine that your petition 

justifies om· taking the a.ction you suggest. we may issue an NPRM or 

ANPRM. We will do so no latet· than 6 

months after the date we rece ive yom· 

petition. In making our decision. we 

consider: 

(1) The immediacy of the safety or security concerns you raise; 

(2) The priority of other issues the 

FAA must deal with: and 

(3) The rcsoru·ces we have availa ble 

to address these issues. 

(b) If we ha ve issuccl an ANPRM or 

NPRM on the subject matter of your 

petition. we will consider your arguments for a rule change as a commen t 

in cotmcction with the rulema king proceeding. We will not treat your pet ition as a separate action. 

(c) Jf we have begun a rulemaking 

project in the subject area of your petition. we will consider your comments 

and arguments for a rule change as 

part of that project. We will not treat 

your petition as a sepa rate action. 

(d) If we have tasked ARAC to study 

the gcnc t·al subject area of your petition. we will ask ARAC to review and 

evaluate your proposed action. We will 

not treat yom· petition as a sepa rate 

action. 

(e) If we determine that the issues 

you identify in your petition may have 

merit, but do not address an immediate 

safety concern or cannot be addressed 

because of other priorities and resource 

constt'aints. we may dismiss your petition. Your comments and arguments 

for a rule change will be placed in a 

database. which we will examine when 

we consider future rulemaking. 

29 

§ 11.81 

* 11.75 Does FAA invite public com- ment on petitions for rule making? 

Generally. FAA does not invite public comment on petitions for rule- making. 

* 11.77 Is there a n y a dditional infor- mation I must include in my p etition for designating airsp ace? 

In petitions asking FAA to establish. 

amend. or repeal a designation of airspace. including special use a irspace. 

you must include a ll the information 

specified by§ 11.71 a nd also: 

(a) The location and a description of 

the airspace you want assigned or designated: 

(b) A complete description of the ac- tivity or use to be made of that airspace. including a detailed description 

of the type. volume, dm·ation . time, 

and place of the operations to be conducted in the area: 

(c) A description of tho a ir navigat ion. a ir traffic control. surveillance, 

and commm1ication facilities available 

and to be provided if we grant the designation; and 

(d) The name and location of the 

agency. office, facility. or person who 

would have a uthority to permit the use 

of the airspace when it was not in use 

for the purpose to which you want it 

assigned . 

§ 11.81 What information must I in- clude in my petition for an exemption? 

You must include the fo llowing information in your petition for an exemption and submit it to FAA as soon as you know you need an exemption. 

(a) Your name and mailing address 

and. if you wish, other contact information s uch as a fax number. telephone number. or e-mail address; 

(b) The specific section or sections of 

14 CFR from which you seek an exemption; 

(c) The extent of relief you seck. and 

the reason you seek the relief: 

(d) The reasons why granting your request would be in the public interest: 

that is, how it would benefit the public as a whole; 

(e) The reasons why granting the exemption would not adversely affect 

safety. or bow the exemption would 

provide a level of safety at least equal 
§ 11.83 

to t hat provided by the rule from 

wh ich you seek the exempt ion: 

(f) A s umma ry we can publish in the 

FEDERAL REGISTER. stating: 

(1) The r ule from which you seek the 

exemption: a nd 

(2) A brief description of the nature 

of the exempt ion you seek : 

(g) Any additiona l information. views 

or argumen ts available to support your 

request: a nd 

(h) If you want to exet•cise the privileges of your exemption outside the 

Uni ted States. the reason why you 

need to do so. 

* 11.83 How can I operate under an ex- emption outside the United States? 

If you want to be able to operate 

under your exemption o utside the 

United States, you must request this 

1vhen you petit io n for relief a nd give us 

the reason for this usc. If you do not 

provide your reason or we determine 

thn.t it does not justify this relief. we 

will limit your exemption to usc within 

the Uni ted States. Before we extend 

your exemption for use outside· t he 

United States. we will verify that the 

exemption would be in compliance with 

the Sta ndards of the Internationa l 

Civil Aviation Organization (ICAO). If 

it would not. but we still believe it 

would be in the public interest to allow 

you to do so, we will file a difference 

with ICAO. However. a foreign country 

still may not a llow you to operate in 

that coun try without meeting t he 

ICAO standard. 

§ 11.85 Docs FAA invite public com- ment on petitions for e xemption? 

Yes. FAA publishes information 

about petit ions for exempt ion in t he 

FEDBRAL REGISTER. The informa.t ion includes-

(a) The docket number of the petition: 

(b) The citation to the rule or rules 

from which the petitioner requested relief: 

(c) The name of the petitioner: 

(d) The petitioner's summary of the 

action requested and the reasons for J'eq uesting it : and 

(c) A request for comments to assist 

FAA in evaluating the petition. 

30 

14 CFR Ch. I (1 - 1- 11 Edition) 

§ 11.87 Are there circumstances in 

which FAA may decide not to publish a summary of my petition for exemption? 

The FAA may not publish a s umma ry 

of your petition for exemption a nd req uest comments if you present or we 

find good cause why we s hould not 

delay action on your petition. The factors we consider in deciding not to request commen t inc lude: 

(a) Whether gra nting your peti t lon 

wo uld set a preceden t. 

(b) Whether the relief requested is 

identical to exemptions granted pre- viously . 

(c) Whethe1· our delaying action on 

yom petition would affect you ad- versely . 

(d) Whether you fil ed your petition in 

a timely manner. 

§ 11.89 How much time do I have to s ubmit comments to FAA on a peti· tion for exemption? 

The F AA states the specific time a llowed for comments in the F EDERAL 

REGISTER notice about the pe ti t ion. We 

us ua lly allow 20 days to comment on a 

petition for exemption. 

§ 11.91 How does FAA inform me of its 

decision on my petition for cxemp· tion? 

The FAA will notify you in wr iting 

a bout its decision on your petit ion. A 

copy of this decisio n is also placed in 

t he public docket. We will include the 

docket numbe r associated wit h your petition in our letter to you. 

[Docket No. FAA- 2005-22982. 71 FR 1485. Jan . 

10. 2006] 

§ 11.101 May I ask FAA to reconsider my petition for rulemaking or peti· 

tion for exemption if it is denied? 

Yes. you may petition FAA to recon- sider your petit ion denia l. You must 

submit your req uest to the address to 

which you sent your original petit ion, 

and F AA must t•eceive it wit hin 60 days 

a fter we issued the denial. For us to accept your petit ion. show the fo llowing: 

(a) Tha t you ha ve a sig nifican t addit io nal fact a nd why you did not present 

it in your origina l pet ition: 

(b) That we made an impor tant factual error in our denia l of your original 

petition: or