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 Administration (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 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, 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database is no longer current.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

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. 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 termination 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 specific 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. 
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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