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

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- 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

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Wish Central New York

. Our mission is to grant the wishes of children with life

threatening 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 J**  **esse’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 1 3057 315.475.WI SH , 800.846.WI SH 315.475.9476 fax www.makeawishcny.orgServing 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

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- Wish® Central New York 5005 Campuswood Drive East Syracuse, NY 13057 Phone: (315) 475.9474 Fax: (315) 475.9476 E

- mail: atimmerman@makeawishcny.org