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### Via Online Submission andFirst Class Mail United States Department ofTransportation 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 09 2915

We are writing to request an extension ofthe 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 offlight, 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 passengerseats, using the airplane's existing lap belts. Ourson has a neuromusculardisorderwhich 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 histracheostomy he cannot speak and uses nonverbal communication to communicate most of his needs. He cannotwalk at all. He cannot sit upwithout customized support. Even when he is adequately supported, he cannot sit upfor periods oftime longerthan about40 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 dynamicallytested and meets FMVSS213 and is specifically designed to safely restrain a passengerwho must be transported in a horizontal/recumbent position. It is manufactured by a company that manufactures restraint systems for school buses. Ourson will lie down across three seats in a rowforthe entire flight and his restraint will not block any passenger's view ofthe "fasten seat belt" sign, "no smoking" sign orany required exit sign. Itwill also be placed in such a mannerthat its location does not restrict access to or use of any required emergency or regular exit, orofthe aisle in the passengercompartment. An illustration from the manufacturer showing the use ofthe E-Z-On Modified Vestfor restraining a passengerwho is being transported in a horizontal/recumbent, was forwarded to you under separate coverwhen

### we made ouroriginal request. That information is still accurate and the instructions forthe use ofthe vest have not changed since our original exemption request. Our son's physical requirements have not changed since the letter

### we submitted dated November27, 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 limitthat permits him to use the E-Z-On Modified Vest according to manufacturer's guidelines.

Our proposal would satisfythe intended purposes ofthe regulation by ensuring that our son is securely restrained by his restraint system and the restraint system itself is securely restrained bythe aircraft seat belts. This ensures a high level ofsafety for Patrick and a high level ofsafety

### Pagelof3

forthe other passengers and crew on the airplane.

The E-Z-On Modified Vest provides at least an equivalent level ofsafety to that provided by a seat beltfastened around Patrick. In fact, in ourson's case, safety is greatly enhanced bythe 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 ofthe airplane seat belts. Enhancing safetyfor ourson is in the public interest. In addition, the public interest is also served bythe fact thatthe use ofthis restraint system allows ourson to use commercial air transportation. Withoutthe support and security ofthis specially designed restraint system, which will allow ourson to be transported while lying down, ourson would be unable to fly commercially due his physical disabilities.

We believe that the same reasons concerning the level ofsafety that would be satisfied by our proposed exemption, and the same public interest thatwould be served by granting our proposal, were at issue in Exemption No. 26267 which the FAAfound 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 ofsame, and are sufficient to demonstrate that ourson's proposed exemption extension should be granted.

A copy ofa notefrom ourson's pulmonologist supporting this request was submitted with our original request and ourson's medical condition has not changed since that request was submitted and approved. Please contact us via telephone, facsimile transmission oremail listed below ifany additional information or documentation is needed.

A federal register summary could read:

"Suzanne K. lshii-Regan and Matthew D. Regan, Patrick Regan's parents, seekto 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 chairfor more than about 40 minutes at a time. The exemption allows him to lie across three seats ofan airplane, wearing a protective vest. Petitioners believe that Patrick and hisfellow passengers are as safe using this procedure asthey 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 

### ifthis exemption request is granted, that the exemption will also apply to other individuals in situations similarto our son's, who because of physical weakness musttravel in a recumbent position while flying by commercial airline.



### Requestfor ExtensionofExemptionNo. 8264 docketnumberFAA-24-17184

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Thankyou for your consideration ofthis 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-factfor 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



### Requestfor ExtensionofExemptionNo. 8264 docket numberFAA-24-17184