AFS-12-120-E 

February 23, 2012 

 Exemption No. 10334A 

 Regulatory Docket No. FAA-2011-0619 

Mr. David Bushy 

Cape Air Chief Operating Officer/President 

Cape Air/Nantucket Airlines 

660 Barnstable Road 

Hyannis, MA 02601 

Dear Mr. Bushy: 

This letter is to inform you that we have amended your Exemption No. 10334. It explains the 

basis for our decision and describes its effect. 

The Basis for Our Decision 

The Federal Aviation Administration (FAA) is amending Exemption No. 10334, for Hyannis 

Air Service, Inc., d.b.a. Cape Air/Nantucket Airlines (Cape Air). That exemption from 

§ 43.3(g) of Title 14, Code of Federal Regulations (14 CFR) allows Cape Air’s properly 

trained pilots (under an approved training program) to accomplish updates of navigational 

software databases of installed flight management systems. 

Cape Air operates 130,000 flight operations annually carrying over 600,000 passengers to 

more than 39 cities worldwide. These airports are often in locations where weather 

conditions and surrounding terrain can have an impact on the reliability of air service. 

Several airports that Cape Air serves, have limited scheduled air service. Cape Air’s aircraft 

do not necessarily make it to a base at any regular interval to routinely have their flight 

management system (FMS) database updated. An FMS database must be updated every 28 

days. Once an update is published by the manufacturer, it typically allows only a few days to 

update the database before that previous database expires. Without the requested regulatory 

relief, when an FMS database expires, Cape Air can continue to operate the aircraft under the 

authority of an FAA approved minimum equipment list. However, the aircraft must have the 

current database information to utilize area navigation (RNAV) based enroute and approach 

capabilities. Due to the limitation of operating with an expired database, Cape Air would 
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eventually have to reposition the aircraft (flown empty) to a maintenance facility or transport 

a mechanic to the aircraft. During this time when an FMS database is expired, Cape Air may 

not be able to access certain airports that already have limited air service because the 

navigational database is no longer current. 

The FAA determined we need to provide additional relief from §§ 91.1443(b)(3) and 

135.443(b)(3) in Exemption No. 10334 only as it applies to the logbook entry. 

We are amending the current grant of exemption from § 43.3(g) to provide relief from the 

requirement that the maintenance log be signed by a certificated mechanic or repairman as 

required by §§ 91.1443(b)(3) and 135.443(b)(3) only as it applies to the logbook entry. This 

relief is addressed in item No. 5 of the conditions and limitations of Exemption No. 10334. 

Loading of navigational databases is identified as a preventive maintenance task in 

Appendix A to part 43. That work must be documented in the logbook by a certificated 

mechanic or repairman. This necessitates an exemption from §§ 91.1443(b)(3) and 

135.443(b)(3) to permit those same pilots to make the logbook entry required by item No. 5 in 

the conditions and limitations of Exemption No. 10334. 

We also find that we did not address Cape Air’s request to operate under this exemption 

outside the United States as required in § 11.83. We have reviewed the corresponding 

International Civil Aviation Organization Standards and Recommended Practices and have 

identified no differences with the regulation from which we grant this exemption. However, a 

foreign country still may not allow you to operate in that country under this exemption if it so 

chooses. 

Our Decision 

The FAA has determined the justification for the issuance of Exemption No. 10334, as 

amended, remains valid and is in the public interest. In addition, we are amending the current 

grant of exemption from § 43.3(g) to provide relief from the requirement that the maintenance 

log be signed by a certificated mechanic or repairman as required by §§ 91.1443(b)(3) and 

135.443(b)(3) only as it applies to the logbook entry. Therefore, under the authority provided 

by 49 U.S.C. §§ 40113 and 44701, which the FAA Administrator has delegated to me, I have 

amended Exemption No. 10334. 

The Effect of Our Decision 

The termination date of Exemption No. 10334, as amended, is extended to February 28, 2014, 

unless sooner superseded or rescinded. The conditions and limitations of Exemption 

No. 10334, as amended, are listed below. 

Conditions and Limitations 

1. Pilots will be trained on all specific makes and models of the flight management 

computer (FMC) to which they will be uploading navigational software databases. 
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Training on one make and model will not enable the pilot to update databases in 

other makes and models. 

2. Upon successful completion of training, each pilot will be authorized, in writing, by 

the director of maintenance or authorized designee, to perform navigational 

software database uploads on systems for which they have received training. 

3. The software being uploaded cannot contain system operating software. The 

upload must include the navigational database only. The director of maintenance is 

responsible for ensuring the software being uploaded does not contain operating 

system software. 

4. Cape Air must have written procedures available to the pilot to perform the task 

and to evaluate the accomplishment of the task, including those tasks that require a 

decision concerning the airworthiness of the aircraft. 

5. Each completed task must include the maintenance log entries, including the name 

of the person performing the upload, the date of the upload, the database revision 

number uploaded, and the aircraft location at the time of upload. 

6. This grant of exemption from § 43.3(g) includes only the uploading of navigational 

software databases as listed in Appendix A to part 43, paragraph (c)32, and does 

not extend to other preventive maintenance tasks identified in Appendix A to part 

43. 

7. Cape Air may operate outside the U.S. under this exemption, unless otherwise 

prohibited by a foreign country. 

This letter must be attached to, and is a part of, Exemption No. 10334. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service