AFS-12-169-E February 23, 2012

Exemption No. 10379A Regulatory Docket No. FAA-2011-0906

Mr. Gregg Johnson Director of Standards & Compliance Epps Air Service, Inc. 1 Aviation Way, Dekalb-Peachtree Airport Atlanta, GA 30341

Dear Mr. Johnson:

This letter is to inform you that we have amended your Exemption No. 10379. It explains the

basis for our decision and describes its effect.

The Basis for Our Decision

The Federal Aviation Adm inistration (FAA) is amending Exemption No. 10379, for Epps Air Service, Inc. (Epps). This exemption allows Epps’ properly trained pilots (under an approved training program) to accomplish updates of navigational software databases of installed flight management systems (FMS).

The FAA determined that additional relief is required from §§ 91.1443(b)(3) and 135.443(b)(3) in Exemption No. 10379 only as it applies to the log book entry.

Epps often flies to airports with no approved maintenance technician during a 28 day cycle change. Epps’ aircraft do not necessarily make it to a base at any regular interval to routinely have their 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 the previous database expires. Without the requested regulatory relief, when an FMS database expires, Epps 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 navigational (RNAV) based reroute and approach capabilities. Due to the limitation of operating with an expired database, Epps 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, Epps may not be able to access certain airports that already have limited air service because the navigational database is no longer current.

Our Decision

W e 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. 10379. Loading of navigational databases is identified as a preventive maintenance task in Appendix A to part 43. 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. 10379.

The FAA has determined the justification for the issuance of Exemption No. 10379, as amended, remains valid and is in the public interest. 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. 10379.

The Effect of Our Decision

The term ination date of Exemption No. 10379, as amended, is extended to February 28, 2014, unless sooner superseded or rescinded. The conditions and limitations of Exemption No. 10379, as amended, are listed below.

Conditions and Limitations

1. Pilots will be trained on all specif ic makes and models of the flight management computer (FMC) to which they will be uploading navigational software databases. 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. Epps 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.3

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.

This letter must be attached to, and is a part of, Exemption No. 10379.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service

Enclosure