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Via Online Submission and First Class Mail 

United States Department of Transportation Docket Management System 

400 7tt1 St. S.W., Rm. PL401 

Washington, D.C. 20591-0001 

Re: Exemption No. 8264E (docket number FAA-2004-17184) 

Dear People, 

DEC 0 9 2915 

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 ofthis 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 

851bs., 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 safety 
Pagel of3 

for the other passengers and crew on the airplane. 

The E-Z-On Modified Vest provides at least an equivalent level of safety to that provided by a 

seat belt fastened around Patrick. In fact, in our son's case, safety is greatly enhanced by the 

extra support and security that his restraint system will provide for him during the entire flight. 

Moreover, the E-Z-On Modified Vest will be secured by more than one of the airplane seat belts. 

Enhancing safety for our son is in the public interest. In addition, the public interest is also 

served by the fact that the use of this restraint system allows our son to use commercial air 

transportation. Without the support and security of this specially designed restraint system, 

which will allow our son to be transported while lying down, our son would be unable to fly 

commercially due his physical disabilities. 

We believe that the same reasons concerning the level of safety that would be satisfied by our 

proposed exemption, and the same public interest that would be served by granting our 

proposal, were at issue in Exemption No. 26267 which the FAA found to be sufficient and which 

served as the basis upon which Exemption No. 26267 was issued. We understand that 

operations have been safely conducted under Exemption No. 26267 which are equally applicable 

to our original exemption and the subsequent extensions of same, and are sufficient to 

demonstrate that our son's proposed exemption extension should be granted. 

A copy of a note from our son's pulmonologist supporting this request was submitted with our 

original request and our son's medical condition has not changed since that request was 

submitted and approved. Please contact us via telephone, facsimile transmission or email listed 

below if any additional information or documentation is needed. 

A federal register summary could read: 

"Suzanne K. lshii-Regan and Matthew D. Regan, Patrick Regan's parents, seek to continue 

Patrick's 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). These regulations generally require that 

all passengers sit upright. Patrick has a neuromuscular condition that keeps him from sitting 

upright even in a protective chair for more than about 40 minutes at a time. The exemption 

allows him to lie across three seats of an airplane, wearing a protective vest. Petitioners believe 

that Patrick and his fellow passengers are as safe using this procedure as they would be under 

the regulations, and that it is in the public interest for individuals with Patrick's disability to be 

able to travel." 

It is our hope that if this exemption request is granted, that the exemption will also apply to other 

individuals in situations similar to our son's, who because of physical weakness must travel in a 

recumbent position while flying by commercial airline. 

Request for Extension of Exemption No. 8264 docket number F AA-24-17184 
Page3 of3 

Thank you for your consideration of this request to extend the Exemption No. 8264. (docket 

number FAA-2004-17184). 

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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: mattreaan@aol.com 

Request for Extension of Exemption No. 8264 docket number FAA-24-17184