September 10, 2010

Mr. Merrill W. Van Gerpen Falcon Aviation, Inc.

702 East 31 st Street Yankton, SD 57078

Dear Mr. Van Gerpen:

This letter is to inform you that we are unable to process your request for an exemption from § 43.3(g) of Title 14, Code of Federal Regulations (14 CFR). It explains why we can’t process your request, gives you some important information about how we have handled similar requests, and tells you what you should do in the next 30 days.

Why We Can’t Process Your Request

We entered your July 6, 2010, exemption request for Falcon Aviation, Inc. (Falcon) into the public docket (No. FAA-2010-0814), but we are unabl e to process your request any further. The information you sent doesn’t comply with the requirements of 14 CFR 11.81 (copy enclosed). For us to consider the request any further, you must send us all of the following:

 The specific section or sections of 14 CFR from which you seek relief, the extent of the relief you seek, and the reason you seek relief.

 The reasons granting the request would be in the public interest; that is, how it would benefit the public as a whole.

 The reasons the exemption wouldn’t adversely affect safety or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek an exemption.

 Any more information, views, or arguments available to support your request.

How We Have Handled Similar Requests

Your request for exem ption seeks relief from 14 CFR § 43.3(g), to allow a certificated pilot to perform preventive maintenance for GPS database updates on the Garmin GNS 430 installed

in the Cessna T303 aircraft N5MG.2

It is important for you to know that we have issued denials of exemption in circumstances similar to those presented in your petition. We are enclosing for your review examples of these denials, Exemption Nos. 7460 and 9994. As noted in these denials, the FAA has determined that a grant of exemption is not in the public interest. In addition, the FAA found the petitioners failed to show how allowing their pilots to update the global positioning system (GPS) unit in their part 135 aircraft would offer a level of safety equivalent to that provided by § 43.3(g).

The FAA continues to believe that requiring preventive maintenance to be performed by a properly certified person creates a higher level of safety for operations conducted under part 135. We find that developing procedures and training pilots in those procedures to update GPS databases is not sufficient to maintain a level of safety equivalent to that provided when a certificated mechanic performs this task.

Because the previous denials of exemption dealt with circumstances similar to those presented in your petition, there is little reason to believe that we would grant your petition for exemption.

What You Should Do

 Before we commit agency resources to process and analyze your exemption request, we suggest that you review the enclosed denials of exemption.

 If, after that review, you still want the agency to process your petition, you must tell us how the facts and circumstances of your par ticular situation are significantly different from the previous denials of exemption.

 Send the information about your particular situation, and the information we requested earlier in this letter that will enable us to process your request, to reach us within 30 days. We will consider the docket on your request open for that period.

If We Don’t Hear From You

If we don’t hear from you within 30 days, we will close the docket without telling you further.

If you have any questions or need more time, you may call (202) 267-9677.

Sincerely,

/s/ Brenda D. Courtney Manager, Aircraft and Airport Rules Division

Enclosure