Thomas Cyr 

Vice Chair 

Rick Cyr 

Treasurer Lisa Anderson 

Lynn Bak 

Melinda Bedard 

Michael Celeste 

Adam Dunbar 

Brian Fournier 

Palrick Gaelani 

Beth Goodrich Ken Hayner 

Meredith Leiter 

Rebecca Marr 

Paul Meserve Phillip Poirier 

Carl Sheline 

STAFF 

Nancy Koglmeier 

President and CEO 

Kale Vickery 

Program Director 

Eileen Chretien 

Volunteer Director 

Sonya Purington 

Communicalions and 

Marketing Director 

Rebecca Learning 

Development Manager 

Meredith Jones 

Donor Care Manager 

Whitney Miller 

Office Manager 

COW" ACT 

477 Congress 

SuileMI 

Pordand, ME 041 0 I 

207-221 2306 [I) 

800-491-3171 [1) 

207-221-2028 m 

moine.wish.org 

To Whom it May Concern: 

I am writing to request an exemption from 14 CFR § 121 .311 (b) to the extent required 

for Zackery Weinberger to be able to use an FAA Approved Child Restraint System 

even though he exceeds the weight limits for the CRS. I am writing on behalf of 

Zackary, as I am the Program Director for Make-A-Wish Maine, and we are granting a 

wish to Zack which requires his transport on commercial aircraft in order to make his 

wish come true. I am also requesting expedition of this request as the family is 

scheduled to travel March 30-April5. 2016. I apologize for the rush request, but we 

have pulled this together very quickly for this family and are trying our best to cover all 

bases with regards to their travel plans. My formal request is as follows: 

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

for Zackary Weinberger 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 Zackary Weinberger is aboard its aircraft is granted an exemption from 14 CFR § 

121.311 (b)(2)(iii)(B) to the extent necessary to allow Zack 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. 

Zackary is 16 years old, weighs 1 00 pounds, and is 5 feet 8 inches tall. He suffers from a 

rare seizure disorder known as Lafora Disease and uses a wheelchair. 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 for Zackery's mother 

and primary caregiver, who will be traveling with him at all times: Christina 

Weinberger, 36 Pine Hill Road, Berwick, ME 03901 and finaweinberger@msn.com. 
to other passengers on the airplane by being thrown into them during turbulent or 

emergency conditions. 

I propose that Zackary 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 Zack and a high level of safety for the 

other passengers and crew on the airplane. In fact, in Zack'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 Zack 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 

a s 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 all operations under this exemption be conducted with at 
comment in the Federal Register. We are granting Zackery's special wish to travel to 

Walt Disney World, March 30-April 5, 2016. If you take the time to put this in the Federal 

Register. it will delay the process and he 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 .31 1 (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 supp ort and sec urity that the FAA Ap proved Restraint System will provide for 

him during the flight. 

Thank you for your consideration of this request. 

~ Kate Vickery 

Program Director 

Make-A-Wish Maine 

kvickerv@maine .wish.orq 

207-221-2306 

Wish Child: Zackary Weinberger 

Parent: 

Phone: 

Address: 

Christina Weinberger 

207-251-8203 

36 Pine Hill Road, Berwick. ME 03901