U.S. Deporlment 

of Transportation 

Federal Aviation 

Administration 

June 10, 2015 

Mr. Mark Atherley 

Parent of Alivia Atherley 

122 Anderson Street East 

Lot 53 

Scottsboro, AL 35769 

Dear Mr. Atherley: 

Exemption No. I I 780 

800 Independence Ave .. S w 

Washinglon. 0 C 20591 

Regulatory Docket No. F AA-20 15-0853 

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 posted to the docket on March 31 , 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of your daughter Ali via Atherley for an exemption from 

§ 121.311 (b) of Title 14, Code of Federal Regulations ( 14 CFR). That exemption, if granted, 

would allow Ali via to exceed the specified weight and/or height 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.)-registered 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 Alivia. 

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 persons 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 would not set any new precedent regarding the use of restraint systems by persons 

with disabilities. 

AFS-15-I 074-E 
2 

Having reviewed your reasons for requesting an exemption, I find that-

• they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9834; 

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9834 also 

apply to the situat~on you present; and 

• a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. §§ I 06(t), 40113 and 4470 I, which the FAA 

Administrator has delegated to me, I hereby grant Alivia Atherley an exemption from 

§ 121.311 (b). In addition, any air carrier or commercial operator operating under part 121 

while Alivia is aboard its aircraft is granted an exemption from 14 CFR § 121.3ll(b) to the 

extent necessary to allow her to use an FAA-approved CRS aboard a U.S.-registered aircraft. 

All operations under this exemption must be conducted with Alivia's parent or a caregiver 

accompanying her. Alivia may only occupy a passenger seat with no passenger seated behind 

her. In addition, Alivia'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 April 30, 2020, unless sooner superseded or rescinded. 

Sincere ly, 

~34~ 

John Barbagallo 

Deputy Director, Flight Standards Servi ce 

Enclosure