Serving the following counties: Broome, Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, 

Madison, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, Tioga, Tompkins

April 22, 2014

Re: Request to Use CARES Child Restraint System for Jesse Rounds

To Whom It May Concern:

My name is Amanda Timmerman and I work for the Make-A-Wish® Central New 

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

required for wish child Jesse Rounds 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 Jesse Rounds is aboard its aircraft is granted an 

exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow Jesse 

Rounds 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.

Jesse Rounds will be receiving a wish to go to Disney World through the Make-AWish Central New York. Our mission is to grant the wishes of children with lifethreatening medical conditions to enrich their lives with hope, strength and joy. 

Jesse Rounds is 8 years old, weighs 47 pounds, and is 48 inches tall. One of Jesse’s 

many physical challenges includes his Cerebral Palsy, a condition that limits his 

body movement making it impossible for him to sit up on his own without the help a 

support system. 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. My contact information is at the 

bottom of this letter, but I am also submitting the following contact 

information for Jesse’s mother Hilary:

Hilary Rounds

10192 Chesebro Road

West Edmeston, NY 13485

Rounds617@yahoo.com

(607) 373-1451

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 

Make-A-Wish® Central New York

5005 Campuswood Drive

East Syracuse, New York 13057

315.475.WISH , 800.846.WISH

315.475.9476 fax

www.makeawishcny.org
Serving the following counties: Broome, Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, 

Madison, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, Tioga, Tompkins

cause harm to other passengers on the airplane by being thrown into them during 

turbulent or emergency conditions.

I propose that Jesse Rounds 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 Jesse Rounds

and a high level of safety for the other passengers and crew on the airplane. In fact, 

in Jesse’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 Jesse Rounds 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 air transportation. Without the support and 

security of the FAA Approved Child Restraint System, he 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 Jesse Rounds only sits in a passenger seat with no passenger seated behind 

him. Therefore, no unsafe condition would exist for a passenger seated behind Jesse 

Rounds while he is using the CARES restraint. I also propose that all operations 

under this exemption be conducted with at least one of Jesse Rounds’ parents 

accompanying him. In addition, I propose that Jesse Rounds’ parent 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 June 1, 2014 – June 7, 2014. 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:
Serving the following counties: Broome, Cayuga, Chenango, Cortland, Herkimer, Jefferson, Lewis, 

Madison, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, Tioga, Tompkins

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.

Amanda Timmerman 

Program Services Manager 

Make-A-Wish® Central New York

5005 Campuswood Drive

East Syracuse, NY 13057

Phone: (315) 475.9474

Fax: (315) 475.9476

E-mail: atimmerman@makeawishcny.org