AFS-12-065-E February 17, 2012

Exemption No. 10454 Regulatory Docket No. FAA-2011-1190

Mr. Gregory Bean Heritage Aviation, Inc.

228 Aviation Avenue South Burlington, VT 05403-6060

Dear Mr. Bean:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated October 1, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Heritage Aviation, Inc. d.b.a. Heritage F light (Heritage Flight), for an exemption from § 43.3(g) of Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow Heritage Flight’s properly trained pilots (under an approved training program) to accomplish updates of navigational software databases of installed flight management systems (FMS). Heritage Flight requested the relief be extended to operations outside the United States.

Heritage Flight currently operates 10 aircraft in over 2,000 flights annually to domestic and international destinations. Many of the airports to which Heritage Flight flies to have limited or no scheduled air service. Heritage Flight’s 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, Heritage Flight 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, Heritage Flight would 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 is2

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may not be able to access certain airports that already have limited air service because the navigational database is no longer current.

The FAA has determined that good cause exists for not publishing a summary of the petition in

the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Heritage Flight.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption Nos. 10286 and 10286A (copies enclosed), the FAA found that the flight mana gement computer (FMC) technology has evolved sufficiently to support the granting of the applicant’s request for exemption based on an equivalent level of safety being attained by pilots loading navigational software databases as currently exists with certificated mechanics perf orming uploads. Database loading of front panel and pedestal mounted FMCs does not require speci al tools, special access, or removal of the FMC. Further, FMCs perform an internal check and confirm proper loading of navigational databases in most cases. Properly trained pilots can load the software databases and confirm the upload was successful. Should the upload attempt be unsuccessful, minimum equipment list procedures already exist to safely operate the aircraft with an inoperative FMC.

The FAA subsequently amended Exemption No. 10286 to include relief from §§ 91.1443(b)(3) and 135.443(b)(3) as they apply to the requirement that the maintenance log be signed by a certificated mechanic or repairman. We added a condition to address the preventive maintenance task associated with pilots loading of navigational databases as referenced in Appendix A to part 43. The 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 the upload -- similar to requirements for certificated mechanics performing uploads. The Heritage Aviation Inc. exemption includes this same relief from §§ 91.1443(b)(3) and 135.443(b)(3) and an associated condition as it applies to requirements for the logbook entry.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption Nos. 10286 and 10286A;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 10286 and 10286A apply to the situation you present; and

 for the reasons stated in Grant of Exemption Nos. 10286 and 10286A, a grant of exemption is in the public interest.3

Our Decision

Under the authority contained in 49 U.S.C. §§ 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Heritage Aviation, Inc. d.b.a. Heritage Flight, an exemption from 14 CFR §§ 43.3(g), 91.1443(b)(3) and 135.443(b)(3) to the extent necessary to allow its properly trained pilots (under an approved training program) to accomplish updates of navigational software databases of installed flight management systems, subject to the conditions

and limitations listed below.

Conditions and Limitations

1. Pilots will be trained on all specific makes and models of the 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 de signee, to perform navigational software database uploads on systems for which he has received training.

3. The software being uploaded will not contain system operating software. The upload must include the navigational database only. The director of maintenance is responsible for ensuring the software being uploaded doe s not contain operating system software.

4. Heritage Flight 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. Heritage Flight may operate outside the U.S. under this exemption, unless otherwise prohibited by a foreign country.

This exemption terminates on February 28, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Acting Director, Flight Standards Service

Enclosures