### u.s. Department of Transportation Federal Aviation Administration October 16, 2014 Exemption No. 1 1083 800 Indepen dence Ave
.. S
. W
. Wash i ngton. D.C
. 20591

Regulatory Docket No. FAA-20 14-0694 Allison McCall-Dougherty and Saul Dougherty Parents of Frank (Fr anky) McCall-Dougherty 2 667 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 ofthe exemption, includi ng the date it ends. 

### The Basis for Our Decision By letter received September 8, 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf ofFranky 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 (C AReS, manuf actured by AmSafe Corporation) during use of tha t child restraint system (CRS) aboard a United Sta tes (U.S.) aircraft. The FAA has determined that good cause exists for not publishing a summary ofthe 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 Fr anky. The FAA ha') issued grants ofexemption in circumstances similar in all material respects to th

ose presented in your petition. In Grant ofE x emption 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 ofexemption is in the public interest. Our Decision Under the authority contained in 49 U.S.C. 

### §§ 106(f), 40113 and 44701, which the FAA Admini strator 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 o r a caregiver accompanying him. Frank (Franky) McCall-Dougherty may only occupy a p ass enger 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 ofthe exemption at least 48 hours before the date of each flight. T his exemption terminates on October 31,2019, unless sooner superseded or rescinded. Sincerely,

John Barbagallo Acting Deputy Director, Flight Standards Service

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