Mark Atherley

122 Anderson Street East, Lot 53

Scottsboro, AL35769

Request to Use CARES Child Restraint System for Larger/Older Persons

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for ALIVIA

ATHERLEY to be able to use an FAA Approved Child Restraint System even though she exceeds the 

weight limits for the CRS. In addition, if my petition is granted, I request that any air carrier or commercial 

operator operating under part 121 while ALIVIA ATHERLEY is aboard its aircraft is granted an exemption 

from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow ALIVIA ATHERLEY to exceed the 

specified weight limit for an FAA-approved child restraint system during use of that child restraint system 

aboard an aircraft.

I believe the pertinent section from 14 CFR part 121 from which we seek relief is Section 121.311 Seats, 

safety belts, and shoulder harnesses.

My daughter is _10_ year’s old, weighs _47_ pounds, and is __50__ inches tall. My daughter’s physical 

condition is as follows: Cerebral Palsy. As a result of her physical condition, she needs the support and 

security provided by an FAA Approved Child Restraint, but because of her weight is incapable of 

compliance with the regulation. I am also submitting the following contact information: Mark

Atherley, 122 Anderson Street East, Lot 53 Scottsboro AL 35768 and cell phone is 256-244-3658.

No email address.

I understand that the regulation is written to create a high level of safety for each individual passenger by 

ensuring that they are securely restrained in their seats during all phases of flight. The regulation also 

ensures that an individual does not cause harm to other passengers on the airplane by being thrown into 

them during turbulent or emergency conditions.

I propose that ALIVIA ATHERLEY be allowed to occupy an FAA Approved Child Restraint (CARES, 

manufactured by AmSafe, Inc.), even though she exceeds the manufacturer’s weight limits. This ensures 

a high level of safety for ALIVIA ATHERLEY and a high level of safety for the other passengers and crew 

on the airplane. In fact, in ALIVIA ATHERLEY’s case, safety is greatly enhanced by the extra support 

and security that the FAA Approved Restraint System will provide during the entire flight.

Enhancing safety for ALIVIA ATHERLEY is in the public interest. In addition, the public interest is also 

served by the fact that the use of this FAA Approved Child Restraint System allows her to use 

commercial air transportation. Without the support and security of the FAA Approved Child Restraint 

System, she would be unable to fly commercially.
I also believe that, with certain limitations established by the FAA in a grant to this petition, there can be 

an equivalent level of safety to that provided by the affected regulation. The CARES restraint has been 

certified by the manufacturer for use by children 22- 44 pounds. However, the components of the CARES 

restraint are the same as those used in restraints for adults on aircraft and would maintain their integrity if 

used by someone who weighed several hundred pounds.

I believe that the limit of 44 pounds was established because, with the additional weight of the child 

attached to the seatback, the seatback would move forward more quickly in an accident scenario and this 

might cause a higher HIC load for the person seated in the seat behind the passenger using the CARES 

restraint (because the seatback moving forward more quickly would mean that it would not be there to 

attenuate the energy from the impact of the person seated behind the person using the CARES restraint).

In order to achieve an equivalent level of safety as that provided by the affected regulation, I propose that 

the FAA establish a limitation in a grant to this petition that ALIVIA ATHERLEY only sits in a passenger 

seat with no passenger seated behind her. Therefore, no unsafe condition would exist for a passenger 

seated behind ALIVIA ATHERLEY while she is using the CARES restraint. I also propose that all 

operations under this exemption be conducted with at least one of ALIVIA ATHERLEY’s parents or a 

caregiver accompanying him or her. In addition, I propose that ALIVIA ATHERLEY’s parent or caregiver 

must carry a copy of this exemption.

I also request that the processing of this petition not be delayed for publication and comment in the 

Federal Register. We want to travel from March 26-April 1, 2015 for a trip to Disney World. If you 

take the time to put this in the Federal Register, it will delay the process and we may not be able to travel 

in this time frame. If it is necessary to put a summary in the Federal Register, I submit the following:

This is a request for an exemption from FAR 121.311 (b) to the extent required for a child to use an FAA 

Approved Child Restraint System on an aircraft, even though the child exceeds the weight limits for the 

CRS. Due to physical challenges, without the support and security of this FAA Approved Child Restraint 

System, this child would be unable to fly. We request that this child be allowed to occupy an FAA 

Approved Child Restraint (CARES, manufactured by AmSafe, Inc.), even though she exceeds the 

manufacturer’s weight limits of 44 pounds. In this case, the safety of this child is greatly enhanced by the 

extra support and security that the FAA Approved Restraint System will provide for her during the flight.

Thank you for your consideration of this request.

Sincerely,

Mark Atherley