U.S

.Department ofTransportation Federal Aviation Administration April 16, 2015 Exemption No. 11346 800 Independence Ave

.. S W Wash ington. D

. C 2059 1

Regulatory Docket No. FAA-20 15-0656

Mr. Duckens Etienne and Mrs. Katy Ann Etienne Parents ofNicholas Chavez 218 Guilford Street Lebanon, PA 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 ofthe 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 ofFederal Regulations ( 14 CFR). That exemption, ifgranted, 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 ofthat 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 ofthe 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 ofexemption in circumstances similar in all material respects to those presented in your petition. In Grant ofExemption No. 9834 (copy enclosed), the FAA found that numerous people with physical challenges had previously completed flights using restraint systems.

AFS-15-875-E2 The use ofthese restraint systems addressed unique physical needs regarding safety, support, and security in the same manner ofoperations as described in this petition. The FAA further found that the petition would not set any new precedents regarding the use ofrestraint systems by persons with disabilities. Having reviewed your reasons for requesting an exemption, I find that

- • they are similar in all material respects to reliefpreviously requested in the enclosed Grant ofExemption No. 9834; • the reasons stated by the FAA for granting the enclosed Grant ofExemption No. 9834 also apply to the situation you present; and • a grant ofexemption 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 ofNicholas' 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 ofthe exemption at least 48 hours before the date ofeach flight. This exemption terminates on April 30, 2020, unless sooner superseded or rescinded. Sincerely,

John Barbagallo Acting Deputy Director, Flight Standards Services

Enclosures