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 Ai rlines (Cape Air). That exemption from § 43.3(g) of Title 14, Code of Federal Regula tions (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 databa se 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 would2

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may not be able to access certain airports that already have limited air service because the navigational database is no longer current.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.3

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 cont ain 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