Make-A-Wish® Hudson Valley

832 South Broadway

Tarrytown, New York 10591

914-478-9474 – Main Number

914-478-8245 - Fax

914-478-7916 – Direct Line

shodne@hudson.wish.org ~ e-mail address

To Whom It May Concern,

I am writing to request an exemption from 14 CFR § 121.311(b) to the extent required for Jetmir Qosaj 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 Jetmir is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent 

necessary to allow Jetmir 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.

Jetmir Qosaj is __15___ year’s old, weighs _94__ pounds, and is 4’5”__ inches tall. Jetmir’s physical 

condition is Cerebral Palsy. 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: Sharon Hodne, Wish Coordinator, Make-A-Wish

Hudson Valley, 832 S. Broadway, Tarrytown, NY 10591 / email: shodne@hudson.wish.org

Parent Names: Besa & Bardhyl Qosaj, 37 Hillside Terrace, Monroe, NY.

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

emergency conditions.

I propose that Jetmir 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 Jetmir and 

a high level of safety for the other passengers and crew on the airplane. In fact, in Jetmir’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 Jetmir 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 Jetmir only sits in a passenger seat with no passenger seated 

behind her. Therefore, no unsafe condition would exist for a passenger seated behind Jetmir while he is using 

the CARES restraint. I also propose that all operations under this exemption be conducted with at least one of 

Jetmir’s parents or a caregiver accompanying him or her. In addition, I propose that Jetmir’s parent or caregiver 

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 March 20-26, 2016. 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:

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.

Sincerely,

Sharon Hodne, Wish Coordinator