U.S

.Deporlment of Transportation Federal Aviation Administration June 10, 2015

Mr. Mark Atherley Parent ofAlivia Atherley 122 Anderson Street East Lot 53 Scottsboro , AL 35769 Dear Mr. Atherley: Exemption No. I I 780 800 In dependence Ave

. . S w Wash inglon

. 0 C 20591

Regulatory Docket No. FAA-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 ofthe exemption, including the date it ends. 

### The Basis for Our Decision By l e tter posted to the docket on March 31 , 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of your daughter Alivia Atherley for an exemption from 

### § 121.311 (b) ofTitle 14, Code ofFederal Regulations ( 14 CFR). That exemption, if granted, would allow Alivia to exceed the specified weight and/or height limit for an FAA-approved child restraint system (CAReS , manufactured by AmSafe Corporation) , during use ofthat 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 ofthe 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 ofexemption 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 precede nt regarding the use ofrestraint 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 ofExemption 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 ofexemption is in the public interest. 

### Our Decision Under the authority contained in 49 U.S.C. 

### §§ I06(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 ofthis exemption and advise the air carrier about the contents ofthe exemption at least 48 hours before the date ofeach flight. This exemption terminates on April 30, 2020 , unless sooner superseded or rescinded. Sincer e ly,

# ~34~
John Barbagallo Deputy Director, Flight Standards Servi ce

Enclosure