November

25, 2015 Via Online Submission

and First Class Mail United States Department

of Transportation
Docket Management System 400 th St. S.W., Rm. PL401 Washington,

D.C. 20591-0001 Re: Exemption

No. 8264E (docket number FAA-2004-17184) Dear People, We are writing

to request

an extension

of the Exemption

No.: 8264 (docket number FAA-2004- 17184) from
14 CFR (FAR Section)-121.311(b)

and 14 CFR (FAR Section) -121.311(c)(1). The exemption

was obtained

to allow our son, Patrick Regan, who has

a severe neuromuscular disorder,

to travel

on

a commercial airline lying down during

all phases

of flight, including ground movement, takeoff,
and landing, using the E-Z-ON Modified Vest restraint system, which

is a restraint system that will be securely strapped across three passenger seats, using the airplane's existing

lap belts. Our son has

a neuromuscular disorder which causes significant weakness

of his skeletal muscles.

As

a result,

he has developed scoliosis, chronic respiratory insufficiency, and fatigues quickly.

He
is ventilator-dependent.

As

a result

of his tracheostomy

he cannot speak and uses nonverbal communication

to communicate

most

of his needs.

He cannot walk at all. He cannot

sit up without customized support. Even when

he
is adequately supported,

he cannot

sit up for periods

of time longer than about
40 minutes without becoming extremely fatigued, experiencing extreme physical discomfort

and difficulty breathing.

As

a result

of his physical condition, Patrick

is physically incapable

of literal compliance

with the regulation. The E-Z-On Modified Vest

is dynamically tested and meets FMVSS213

and

is specifically designed

to safely restrain

a passenger

who must
be transported

in a horizontal/recumbent position.

It is manufactured

by

a company
that manufactures restraint systems

for school buses. Our son will lie down across three seats

in a row for the entire flight and his 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.

An illustration
from the manufacturer showing

the use of the E-Z-On Modified Vest for restraining

a passenger

who

is being transported

in a horizontal/recumbent,

was forwarded

to you under separate cover when we made our original request. That information

is still accurate

and the instructions

for the use of the vest have not changed since our original exemption request.
Our son's physical requirements

have not changed since the letter we submitted dated November

27, 2013, requesting

an extension

of this exemption (granted 1/16/2014). Although

he
is now
21 years old, he
is small for his age.
He

is less than

5 feet tall. And he only weighs approximately 85 lbs., and therefore

he
is still within the 100
lb. weight limit that permits
him
to use the E-Z-On Modified Vest according

to manufacturer's guidelines. Our proposal would satisfy
the intended purposes

of the regulation

by ensuring
that our son

is securely restrained

by his restraint system
and the restraint system itself

is securely restrained by the aircraft seat belts. This ensures

a high level

of safety
for Patrick and

a high level

of safetyPage2of3fortheotherpassengersandcrewontheairplane.TheE-Z-OnModifiedVestprovidesatleastanequivalentlevelofsafetytothatprovidedbyaseatbeltfastenedaroundPatrick.Infact,inourson'scase,safetyisgreatlyenhancedbytheextrasupportandsecuritythathisrestraintsystemwillprovideforhimduringtheentireflight.Moreover,theE-Z-OnModifiedVestwillbesecuredbymorethanoneoftheairplaneseatbelts.Enhancingsafetyforoursonisinthepublicinterest.Inaddition,thepublicinterestisalsoservedbythefactthattheuseofthisrestraintsystemallowsoursontousecommercialairtransportation.Withoutthesupportandsecurityofthisspeciallydesignedrestraintsystem,whichwillallowoursontobetransportedwhilelyingdown,oursonwouldbeunabletoflycommerciallyduehisphysicaldisabilities.Webelievethatthesamereasonsconcerningthelevelofsafetythatwouldbesatisfiedbyourproposedexemption,andthesamepublicinterestthatwouldbeservedbygrantingourproposal,wereatissueinExemptionNo.26267whichtheFAAfoundtobesufficientandwhichservedasthebasisuponwhichExemptionNo.26267wasissued.WeunderstandthatoperationshavebeensafelyconductedunderExemptionNo.26267whichareequallyapplicabletoouroriginalexemptionandthesubsequentextensionsofsame,andaresufficienttodemonstratethatourson'sproposedexemptionextensionshouldbegranted.Acopyofanotefromourson'spulmonologistsupportingthisrequestwassubmittedwithouroriginalrequestandourson'smedicalconditionhasnotchangedsincethatrequestwassubmittedandapproved.Pleasecontactusviatelephone,facsimiletransmissionoremaillistedbelowifanyadditionalinformationordocumentationisneeded.Afederalregistersummarycouldread:"SuzanneK.lshii-ReganandMatthewD.Regan,PatrickRegan'sparents,seektocontinuePatrick'sExemptionNo.:8264(docketnumberFAA-2004-17184)from14CFR(FARSection)-121.311(b)and14CFR(FARSection)-121.311(c)(1).Theseregulationsgenerallyrequirethatallpassengerssitupright.Patrickhasaneuromuscularconditionthatkeepshimfromsittinguprighteveninaprotectivechairformorethanabout40minutesatatime.Theexemptionallowshimtolieacrossthreeseatsofanairplane,wearingaprotectivevest.PetitionersbelievethatPatrickandhisfellowpassengersareassafeusingthisprocedureastheywouldbeundertheregulations,andthatitisinthepublicinterestforindividualswithPatrick'sdisabilitytobeabletotravel."Itisourhopethatifthisexemptionrequestisgranted,thattheexemptionwillalsoapplytootherindividualsinsituationssimilartoourson's,whobecauseofphysicalweaknessmusttravelinarecumbentpositionwhileflyingbycommercialairline.RequestforExtensionofExemptionNo.8264docketnumberFAA-24-17184

### Page

3 of3 Thank you for your consideration

of this request

to extend
the Exemption

No. 8264. (docket number FAA-2004-17184).

Suzanne

K

. lshii-Regan,

P.O

. A.(i.e.attorneyin-fact
for Patrick Regan) Matthew

D. Regan Parents

of Patrick Regan Contact Information:

6726 Double Tree
Ct. Anchorage, Alaska 99507 (907)346-4166
(home phone) (907)277 -4657 (office fax) E-mail address: mattregan@aol.com 

### Request

for Extension

of Exemption

No. 8264 docket number

F AA-24-17184