AFS-11-341-E

August 17, 2011 

 Exemption No. 10334 

 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 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 May 9, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Hyannis Air Service, Inc., d/b/a Cape Air/Nantucket Airlines (Cape Air) for an 

exemption from § 43.3(g) of Title 14, Code of Federal Regulations (14 CFR) to the extent 

necessary to allow Cape Air’s properly trained pilots (under an approved training program) to 

accomplish supervised updates of navigational software databases of installed flight 

management systems (FMS). 

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 Cape Air. 

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 No. 10286 (copy enclosed), the FAA 

found that the FMS 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 

performing uploads. Database loading of front panel and pedestal mounted FMSs does not 
2 

require special tools, special access, or removal of the FMS. Further, FMSs 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 FMS. 

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 No. 10286; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10286 

also apply to the situation you present; and 

 for the reasons stated in Grant of Exemption No. 10286, a grant of exemption is in the 

public interest. 

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 Hyannis Air Service, Inc., d/b/a Cape Air/Nantucket 

Airlines an exemption from 14 CFR § 43.3(g) to the extent necessary to allow Cape Air’s 

properly trained pilots (under an approved training program) to accomplish supervised 

updates of navigational software databases of installed FMSs, subject to the conditions and 

limitations described below. 

Conditions and Limitations 

1. Pilots will be trained on all specific makes and models of the FMS 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 he or she has 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. 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. 
3 

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 exemption terminates on August 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosure