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1 Walter W. Whelan, Esq. (SBN 106655) 

E-mail: walt@whelanlawgroup.com 

2 Brian D. Whelan, Esq. (SBN 256534) 

E-mail: brian@whelanlawgroup.com , . , .~ .. "; c, . \ J r, ·" 

3 WHELAN LAW GROUP, A Professional Corporation 

7447 North First Street, Suite 201 

4 Fresno, California 93720 

Telephone: (559) 437-1079 

5 Facsimile: (559) 437-1720 

6 Attorneys for: Petitioners VINCENT WHELAN and CAROL ZAPATA WHELAN 

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OFFICE OF THE SECRETARY OF TRANSPORTATION, 

FOR THE UNITED STATES OF AMERICA 

11 In RePetition for Rule Change of Title 14 ) Case No. 

CFR, Part 382.81(d) [Pertaining to Disabled ) 

12 Seating Accommodations] ) 

) PETITION FOR RULE CHANGE UNDER 

13 v. ) 49 CFR 5.11 

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TO THE UNITED STATES SECRETARY OF TRANSPORTATION: 

PETITIONERS VINCENT WHELAN and CAROL ZAPATA WHELAN 

("Petitioners") hereby petition, pursuant to 49 CFR 5.11, for a modification to 14 CFR 382.81(d) 

on the following grounds: 

Petitioners seek to amend 14 CFR 382.81(d) to broaden the scope of disabled 

passengers who shall be afforded bulkhead seat accommodations because, without such an 

accommodation, a substantial number of passengers suffering pain or discomfort from prolonged 

sitting in a flex-kneed position because of their disability will continue to go unaccommodated. 

Petitioners propose the following amended language for 14 CFR 382.81: 

/Ill 

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/Ill 

/Ill 

·\ Profes.SIOn;tl Corpontton 

7+-1-7 N. Ftrst St., Ste. 201 

Frt".o;no, CA 9.'.720 

559-437-1079 

559-.t37-1720 

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PETITION FOR RULE CHANGE UNDER 49 CFR 5.11 
\\1H.:Lm L1w ()roup, 

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A Prufessmn,1l C(Jq)(>Litlon 

7447 i'-.'. First St., Ste. 201 

r<'resno, c \ 9.1720 

559-437-1079 

'l-19-07 -1720 

"(d) For a passenger with a fused or immobilized leg or a 

passenger with leg or hip impairment who experiences 

increased pain or discomfort from prolonged sitting in a flexkneed position, you must provide a bulkhead seat or other seat 

that provides greater leg room than other seats, on the side of an 

aisle that better accommodates the individual's disability. If a 

premium price is charged by the carrier for bulkhead or other 

similar seating, the carrier may require the disabled passenger 

to pay the premium price as a condition for receiving the 

accommodation." 

Petitioner VINCENT WHELAN is an adult male resident of Orange County, 

California, who has Fibrodysplasia Ossificans Progressiva ("FOP"), which condition causes him 

to experience increased pain and discomfort from prolonged sitting in a flex-kneed position. The 

FOP symptoms experienced by VINCENT WHELAN include significant leg and hip 

impairment. Petitioner VINCENT WHELAN is a medical student who periodically must travel 

interstate by means of commercial air carriers. On August 8, 2011, Petitioner VINCENT 

WHELAN sought an accommodation for his disability by requesting a bulkhead seat to be made 

available to him during a Continental Airlines flight from New Jersey to Orange County, 

California. The requested accommodation was denied. 

Petitioner CAROL ZAPATA WHELAN is the mother ofPetitioner VINCENT 

WHELAN. Petitioner CAROL ZAPATA WHELAN specializes in disabled advocacy for 

persons suffering from rare genetic conditions such as FOP. (For more information regarding 

FOP, see www.IFOPA.org.) Petitioner CAROL ZAPATA WHELAN was also a passenger on 

the August 8, 2011 Continental Airline flight from New Jersey to Orange County, California, and 

participated in requesting an accommodation for her son, which request was denied by 

Continental Airlines. 

Many persons suffering from FOP, including Petitioner VINCENT WHELAN, 

suffer pain and discomfort from prolonged sitting in a flex-kneed position. In addition, pain of 

any kind for someone with FOP may cause the triggering of a flare-up, which can result in the 

permanent fusing of joints, including hips, knees, elbows, etc. For the Continental Airlines 

flight in question, a bulkhead seat was available in that no other passenger had been assigned to 

that bulkhead seat. Nonetheless, Petitioner VINCENT WHELAN's request was denied. 

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PETITION FOR RULE CHANGE UNDER 49 CFR 5.1 I 
1 Accordingly, Petitioners respectfully request that the Department of 

2 Transportation undertake the necessary amendment process so that the scope of 14 CFR 

3 282.81 (d) be amended to address the needs of all disabled persons (not just FOP passengers), 

4 whose leg or hip impairments cause them to experience increased pain or discomfort from 

5 prolonged sitting in a flex-kneed position. 

\\'hdan Lri.V c;roup, 

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7 Dated: January 17, 2012 

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10 Dated: January 17, 2012 

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.\ Profession,tl Corpnr.:ttion 

7H7 !\". Fa·st St., Ste. 201 

Fresno, C \ 93720 

559--B7~107 ) 

559--B?-1720 

VINCENT WELAN, Petitioner 

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PETITION FOR RULE CHANGE UNDER 49 CFR 5.11