AFS-12-121-E February 17, 2012 Exemption No. 10371A Regulatory Docket No. FAA-2011-0730

Mr. John W. Hazlet, Jr. Vice President, Director of Safety Ameriflight, LLC 4700 Empire Avenue Hangar #1 Burbank, CA 91505

Dear Mr. Hazlet:

This letter is to inform you that we have amended your Exemption No. 10371. 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. 10371, for Ameriflight, LLC (Ameriflight). That exemption from § 43.3(g) of Title 14, Code of Federal Regulations (14 CFR) allows Ameriflight’s properly trained pilots (under an approved training program) to accomplish updates of navigational software databases of installed flight management systems (FMS).

Ameriflight holds a part 135 operating certificate th at provides delivery of millions of packages tendered by UPS, FedEx, and DHL as well as vari ous air medical services. Ameriflight cargo aircraft accumulate nearly 100,000 flight hours per year to airports in the United States, Alaska, Canada, Mexico, Central and South America and the Caribbean. These airports are often in locations where weather conditions and surrounding terrain can have an impact on the reliability of air service. Several airports have limited sche duled air service. Ameriflight’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 that previous database expires. Without the requested regul atory relief, when an FMS database expires, Ameriflight 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

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operating with an expired database, Ameriflight w ould 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, Ameriflight may not be able to access certain airports that already have limited air service because the navigational database is no longer current.

Ameriflight, the holder of a part 135 operating certificate, seeks relief from § 43.3(g), and part 43, Appendix A, paragraph (c)(32), which categorizes as preventive maintenance the updating of “self-contained, front instrument pa nel-mounted air traffic control navigational software data bases (excluding those of automatic flight control systems, transponders, and microwave frequency distance measuring equipment) provided no disassembly of the unit is required (hereafter “navigational database”)”. As a part 135 operator, petitioner’s pilots may not perform “preventive maintenance.”

The FAA determined we need to provide additional relief from §§ 91.1443(b)(3) and 135.443(b)(3) in Exemption No. 10371 only as it applies to the log book entry. The exemption also needs to address operations outside the United States.

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. 10371. 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. 10371.

We also find that we did not address Amerifli ght’s request to operate under this exemption outside the United States as required in § 11.83. We have reviewed the corresponding International Civil Aviation Organization Standards and Recommended Practices and have identified no differences with the regulation from which we grant this exemption. However, a foreign country still may not allow you to operate in that country under this exemption if it so

chooses.



### Our Decision

The FAA has determined the justification for the issuance of Exemption No. 10371, as amended, remains valid and is in the public interest. In addition, 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. 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. 10371.3



### The Effect of Our Decision

The termination date of Exemption No. 10371, as amended, is extended to February 28, 2014, unless sooner superseded or rescinded. The conditions and limitations of Exemption No. 10371, as amended, are listed below.



### Conditions and Limitations

1. Pilots will be trained on all specific makes and models of the flight management computer 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. Ameriflight 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. Ameriflight may operate outside the U.S. under this exemption, unless otherwise prohibited by a foreign country.

This letter must be attached to, and is a part of, Exemption No. 10371.

Sincerely,

/s/

John S. Duncan Acting Director, Flight Standards

Service

Enclosure