AFS

- 13

- 3 66

- E June 14 , 2013

Exemption No. 1079 9

Regulatory Docket No. FAA

- 20 1 3

- 0 412

Mr. Edward Berger

Parent of Benjamin Berger

2 Forest Hills Boulevard

Rensselaer, NY 12144

Dear Mr. Berger :

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 May 7 , 2013 , you petitioned the Federal Aviation Administrat ion (FAA) on

behalf of Benjamin Berger 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 al low Benjamin 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 go od 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 Benjamin

.

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 contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegated to me, I hereby grant Benjamin Ber ger an exemption from § 121.311(b). In

addition, any air carrier or commercial operator operating under part 121 while Benjamin is

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

to allow him to use an FAA

- appr oved CRS aboard a U.S. aircraft

.

All operations under this exemption must be conducted w ith at least one of Benjamin ’s

parents or a caregiver accompanying him

. Benjamin Berger may only occupy a passenger seat

with no passenger se ated behind him

. In addition, Benjamin ’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 June 30 , 201 8 , unless sooner superseded or rescinded.

Sincerely,

/ s/

Michael J . Zenkovich

Acting Deputy Director, Flight Standards

Service

Enclosure