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### 1 WalterW. Whelan, Esq. (SBN 106655) E-mail: walt@whelanlawgroup.com 2 Brian D. Whelan, Esq. (SBN 256534) E-mail: brian@whelanlawgroup.com ,.,**.~** 

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### 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 7 

### 8 9 10 OFFICE OF THE SECRETARY OF TRANSPORTATION, FORTHEUNITED STATES OF AMERICA

11 InRePetition for Rule Change ofTitle 14 ) Case No. CFR, Part 382.81(d) [Pertaining to Disabled ) 12 Seating Accommodations] ) ) PETITION FORRULE CHANGE UNDER 13 v. ) 49 CFR 5.11 

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### 22 23 24 25 26 27 28 TO THE UNITED STATES SECRETARY OF TRANSPORTATION: PETITIONERS VINCENT WHELAN and CAROL ZAPATA WHELAN ("Petitioners") herebypetition, 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 broadenthe scope ofdisabled passengers who shall be afforded bulkhead seat accommodations because, without such an accommodation, a substantial number ofpassengers suffering pain or discomfort from prolonged sitting in a flex-kneed positionbecause oftheir disability will continue to go unaccommodated. Petitionerspropose the following amended language for 14 CFR 382.81: 

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·\ Profes.SIOn;tl Corpontton 7+-1-7 N. Ftrst St., Ste. 201

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

559-437-1079 559-.t37-1720 1 PETITION FORRULE CHANGE UNDER 49 CFR 5.11\\1H.:Lm L1w ()roup, 1 

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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 passengerwith 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 mustprovide a bulkhead seat orother seat that provides greater leg room than other seats, on the side ofan aisle that better accommodates the individual's disability. 

### Ifa 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."

PetitionerVINCENT WHELAN is an adult male resident ofOrange County, California, who has Fibrodysplasia Ossificans Progressiva ("FOP"), which condition causes him to experience increasedpain and discomfort from prolonged sitting in a flex-kneed position. The FOP symptoms experiencedby VINCENT WHELAN include significant leg and hip impairment. PetitionerVINCENT WHELAN is a medical student who periodicallymust travel interstate by means ofcommercial air carriers. On August 8, 2011, PetitionerVINCENT WHELAN sought an accommodation for his disability by requesting a bulkhead seat to bemade available to him during a Continental Airlines flight from New Jersey to Orange County, California. The requested accommodation was denied. PetitionerCAROL ZAPATAWHELAN is the mother ofPetitionerVINCENT WHELAN. Petitioner CAROL ZAPATA WHELAN specializes in disabled advocacy for persons suffering from rare genetic conditions such as FOP. (For more informationregarding FOP, see www.IFOPA.org.) Petitioner CAROL ZAPATAWHELANwas also a passengeron the August 8, 2011 Continental Airline flight from New Jersey to Orange County, California, and participated inrequesting an accommodation for her son, whichrequest was denied by Continental Airlines. Manypersons suffering from FOP, including Petitioner VINCENT WHELAN, sufferpain and discomfort from prolonged sitting in a flex-kneed position. In addition, pain of anykind for someone with FOP may cause the triggering ofa flare-up, which canresult inthe permanent fusing of joints, including hips, knees, elbows, etc. Forthe Continental Airlines flight in question, a bulkhead seat was available in that no otherpassengerhadbeen assigned to that bulkhead seat. Nonetheless, PetitionerVINCENT WHELAN's request was denied. 2 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 ofall disabled persons (notjustFOP passengers), 4 whose leg orhip impairments cause them to experience increased pain ordiscomfort from 5 prolonged sitting in a flex-kneed position.

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### 7 Dated: January 17, 2012 8 

### 9 10 Dated: January 17, 2012 11 12 13 14 

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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

3 PETITION FOR RULE CHANGE UNDER 49 CFR 5.11