AFS-12-468-E July 30, 2012

Exemption No. 10592 Regulatory Docket No. FAA-2012-0763

Ms. Stacy Morales Relative of Stephen Czerniejewski

206 Willow Drive Collinsville, IL 62234

Dear Ms. Morales:

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 July 13, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Stephen Czerniejewski for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Stephen 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 exemption would not set a precedent and any delay in acting on this petition would be detrimental to Stephen.

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 FAA2

found that numerous people with physical challenges 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 the 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 enclosed 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 Stephen Czerniejewski exemption from 14 CFR § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating under part 121 while Stephen is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Stephen 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 with at least one of Stephen’s parents or a caregiver accompanying him. Stephen Czerniejewski may only occupy a passenger seat with no passenger seated behind him. In addition, Stephen’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 July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/

John Duncan Acting Director, Flight Standards

Service

Enclosure