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 Ca pe 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 not2

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 cont ain 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