u.s. Department 

of Transportation 

Federal Aviation 

Administration 

October 16, 2014 

Exemption No. 11083 

800 Independence Ave .. S.W. 

Washington. D.C. 20591 

Regulatory Docket No. F AA-20 14-0694 

Allison McCall-Dougherty and Saul Dougherty 

Parents of Frank (Franky) McCall-Dougherty 

2667 Hidden Valley Road 

La Jolla, CA 92037 

Dear Mrs. McCall-Dougherty and Mr. Dougherty: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and lists the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter received September 8, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Franky McCall-Dougherty for an exemption from § 121.311 (b) of 

Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow 

Franky to exceed the specified weight limit for an FAA-approved child restraint system 

(CAReS, manufactured by AmSafe Corporation) during use of that child restraint system 

(CRS) aboard a United States (U.S.) aircraft. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent and any 

delay in acting on this petition would be detrimental to Franky. 

The FAA ha') issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA 

found that numerous people with physical challenges had previously completed flights using 

restraint systems that addressed unique physical needs regarding safety, support, and security 

in the same manner of operations as described in this petition. The FAA further found that the 

petition would not set any new precedents regarding the use of restraint systems by persons 

with disabilities. 

AFS-14-462-E 
2 

Having reviewed your reasons for requesting an exemption, I fmd that-

• they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9834; 

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9834 also 

apply to the situation you present; and 

• a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Frank (Franky) McCall-Dougherty an 

exemption from§ 121.3ll(b). In addition, any air carrier or commercial operator operating 

under part 121 while Franky is aboard its aircraft is granted an exemption from 14 CFR § 

121.311(b) to the extent necessary to allow him to use an FAA-approved CRS aboard a U.S. 

aircraft. 

All operations under this exemption must be conducted with at least one ofFranky's parents 

or a caregiver accompanying him. Frank (Franky) McCall-Dougherty may only occupy a 

passenger seat with no passenger seated behind him. In addition, Franky's parent or caregiver 

must carry a copy of this exemption and advise the air carrier about the contents of the 

exemption at least 48 hours before the date of each flight. 

This exemption terminates on October 31,2019, unless sooner superseded or rescinded. 

Sincerely, 

John Barbagallo 

Acting Deputy Director, Flight Standards Service 

Enclosure