AFS

- 13

- 12 4

- E December 19, 2012

Exemption No. 10675

Regulatory Docket No. FAA

- 2012

- 1 3 25

Ms. Cindy Ogden

Parent of Abigail Ogden

7705 Tackabury Road

Earlville, NY 13332

Dear Ms. Ogden :

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 re ceived December 12 , 2012 , you petitioned the Federal Aviation Administrat ion

(FAA) on behalf of Abigail Ogden 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 allow Abigail 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 exis ts 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 Abigail

.

The FAA has issued grants of exemption in circumsta nces similar in all material respects to

those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA2

found that numerous p eople with physical challenges had previously completed flights using

restraint systems that addressed u nique 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

per sons 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 al so 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 Administrator

has delegated to me, I hereby grant Abigail Ogden exemption fr om

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

u nder part 121 while Abigail is aboard its aircraft is gra n ted an exemption from

14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Abigail to ex ceed 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

Abigail ’s parents or a caregiver accompanying her

. Abigail Ogd en may only occupy a

passenger seat with no passenger se ated behind her

. In addition, Abigail ’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 t he date of each flight.

This exemption terminates on December 31 , 201 4 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Acting Director, Flight Standards Service

Enclosur e