To Whom It May Concern: July 13, 2015

I am writing to request an exemption from FAR 121.311 (b) for my daughter Aizlynn R. 

Burningham and an exemption from 121.311 (a) (2) and 121.311 (c) (1) for the certificate 

holder who is operating the airplane on which we are flying. My daughter’s physical 

condition is as follows: Aizlynn is three years old and suffers from Spinal Muscular 

Atrophy, type 1, a neuromuscular disease that renders her unable to move. Aizlynn 

cannot swallow, so she is fed by g-tube. She cannot sit up, hold her head up, crawl, 

walk, or move her arms and legs at all. She uses a non-invasive (nasal mask) 

bipap/ventilator to help her breathe, and needs oral suctioning to clear her secretions. 

She lies in a prone position, completely flat, nearly all of the time. She tolerates being 

upright only for short time periods, and then, only with support of her torso and with her 

ventilator in use. As a result of her physical condition, Aizlynn is physically incapable of 

literal compliance with the regulation. 

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 my daughter use an E-Z-ON Modified Vest (model 101M2), which is a 

restraint system that will be securely strapped across a passenger seat with the seatbelt 

installed in the seat. One of her parents or her nurse will sit next to her at all times to be 

able to tend to her needs during the flight, and her legs will rest on that person’s lap. 

Alternatively, we could lay her across two seats, with the third seat in the row occupied 

by a parent or her nurse. The E-Z-ON Modified Vest is dynamically tested and meets 

FMVSS213. Aizlynn will lie across a seat for the flight and her restraint will not block any 

passenger’s view of the “fasten seat belt” sign, “no smoking” sign or any required exit 

sign. It will also be placed in such a manner that its location does not restrict access to 

or use of any required emergency or regular exit, or of the aisle in the passenger 

compartment. Aizlynn will travel with no fewer than two adults trained in her care.

My proposal would satisfy the intended purposes of the regulation by ensuring that 

Aizlynn is securely restrained by her restraint system and the restraint system itself is 

securely restrained by the aircraft seat belt. This ensures a high level of safety for 

Aizlynn and a high level of safety for the other passengers and crew on the airplane.

This provides an equivalent level of safety to that provided by a seat belt fastened 

around Aizlynn. In fact, in my daughter’s case, safety is greatly enhanced by the extra 

support and security that the restraint system will provide for her during the entire flight. 

Enhancing safety for Aizlynn is in the public interest. In addition, the public interest is 

also served by the fact that the use of this restraint system allows my daughter to use 

commercial air transportation. Without the support and security of this specially 

designed restraint system, she would be unable to fly commercially.

I believe that the same reasons, concerning the level of safety that would be provided 

under the proposed exemption, and that the proposed exemption would be in the public 

interest, that the FAA has found to be sufficient, and serve as the basis upon which 

Exemption No. 26267 was issued, and under which operations have been safely 
conducted, are equally applicable to my petition, and are sufficient to demonstrate that 

my proposed exemption should be granted.

I also request that the processing of this petition not be delayed for publication and 

comment in the Federal Register. We want to travel in October of this year. Thank you 

for your consideration.

Sincerely,

Stephanie Burningham 

801-698-3351

smankel@msn.com