AFS

- 13

- 122

- E December 20, 2012

Exemption No. 10676 Regulatory Docket No. FAA

- 2012

- 1309

Ms. Paola Calderon

Parent of Thomas Bello Calderon 621 Oak Street, SE

Mi nneapolis, MN 55414

Dear M s. Calderon :

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 December 11 , 2012 , you petitioned the Federal Aviation Administrat ion (FAA) on behalf of Thomas Bello Calderon for an exemption from § 121.311(b)(2)(iii)(B) of

Title 14, Code of Federal Regulations (14 CFR)

. T hat exemp tion , if granted, would allow

Thomas Bello Calderon 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 exem ption would not set a precedent and any delay in acting on this petition would be det rimental to Thomas Bello Calderon

.

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 p eople with physical challenge s 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 the2

petition , if granted, wou ld 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 containe d in 49 U.S.C. 40113 and 44701, which the FAA A dministrator has delegated to me, I hereby grant Thomas Bello Calderon exemption from

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

u nder part 121 while Thomas Bello Calderon is aboard its aircraft is gra n te d an exemption

from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Thomas Bello Calderon

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

Thomas Bello Calderon ’s parents or a caregiver accompanying him

. Thomas Bello Calderon may only occupy a passenger seat with no passenger se ated behind him

. In addition, Thomas

Bello Calderon ’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 January 31, 2015 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards Service

Enclo sure