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

required for Anthony to be able to use an FAA Approved Child Restraint System even 

though he 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 

Anthony is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b)(2)(iii)(B) to the extent necessary to allow Anthony 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 son is 7 year’s old, weighs 52 pounds, and is ______ inches tall. My son’s physical 

condition is as follows; lissencephaly which is a brain abnormality. As a result of his

physical condition, he needs the support and security provided by an FAA Approved 

Child Restraint, but because of his weight is incapable of compliance with the 

regulation. I am also submitting the following contact information: 

Steven Rivituso 

Private Pilot

Certificate Number 3729070

Shorebird LLC Cessna Stationair N51964

and Patricia Rivituso

1112 Woodbridge Way West Chester, PA 19380

Steverivituso@verizon.net

pattyriv@verizon.net

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 Anthony be allowed to occupy an FAA Approved Child Restraint 

(CARES, manufactured by AmSafe, Inc.), even though he exceeds the manufacturer’s 

weight limits. This ensures a high level of safety for Anthony and a high level of safety 

for the other passengers and crew on the airplane. In fact, in Anthony’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 the safety for Anthony 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 him to use commercial and private air transportation. Without the support and 

security of the FAA Approved Child Restraint System, he would be unable to fly.

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 

Anthony only sits in a passenger seat with no passenger seated behind him. Therefore, 

no unsafe condition would exist for a passenger seated behind Anthony while he is 

using the CARES restraint. I also propose that all operations under this exemption be 

conducted with at least one of Anthony’s parents or a caregiver accompanying him or 

her. In addition, I propose that Anthony’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 November 22,30th. 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 timeframe.

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 he 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 him during the flight.

Thank you for your consideration of this request.

Steven Rivituso