U.S. Department 

of Transportation 

Federal Aviation 

Administration 

April 16, 2015 

Exemption No. 11346 

800 Independence Ave .. S W 

Washington. D.C 20591 

Regulatory Docket No. F AA-20 15-0656 

Mr. Duckens Etienne and Mrs. Katy Ann Etienne 

Parents ofNicholas Chavez 

218 Guilford Street 

Lebanon, P A 1 7046 

Dear Mr. and Mrs. Etienne: 

This letter is to inform 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 posted to the proper docket on March 13,2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption from§ 121.311(b) ofTitle 14, Code of Federal 

Regulations ( 14 CFR). That exemption, if granted, would allow Nicholas to exceed the 

specified weight and/or height 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.)-registered 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 Nicholas. 

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. 

AFS-15-875-E 
2 

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 that the petition 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 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 enclosed 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. §§ l06(t), 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Nicholas Chavez an exemption from 

§ 121.311 (b). In addition, any air carrier or commercial operator operating under part 121 

while Nicholas is aboard its aircraft is granted an exemption from 14 CFR § 121.311 (b) to the 

extent necessary to allow him to exceed the specified weight and/or height limit for an FAAapproved CRS during use aboard a U.S.-registered aircraft. 

All operations under this exemption must be conducted with at least one of Nicholas' parents 

or a caregiver accompanying him. Nicholas Chavez may only occupy a passenger seat with no 

passenger seated behind him. In addition, Nicholas' 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 April 30, 2020, unless sooner superseded or rescinded. 

Sincerely, 

John Barbagallo 

Acting Deputy Director, Flight Standards Services 

Enclosures