AFS-12-089-E December 1, 2011

Exemption No. 10286A Regulatory Docket No. FAA-2010-1018

Mr. Richard B. Shideler

Director of Maintenance NetJets Aviation, Inc. 4111 Bridgeway Avenue Columbus, OH 43219

Dear Mr. Shideler:

This letter is to inform you that we have amended your Exemption No. 10286. It explains the

basis for our decision and describes its effect.

The Basis for Our Decision

The Federal Aviation Adm inistration (FAA) is amending Exemption No. 10286 for NetJets Aviation, Inc. (NetJets). That exemption from § 43.3(g) of Title 14, Code of Federal Regulations (14 CFR) allows NetJets’ properl y trained pilots (under an approved training program) to accomplish supervised updates of navigational software databases of installed flight management systems. The relief applies to all aircraft maintained under parts 91, subpart K, and 135.

The FAA determined the need to provide additional relief from §§ 91.1443(b)(3) and 135.443(b)(3) in Exemption No. 10286. The exemption also needed 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. 10286. Loading of navigational databases is identified as a preventive maintenance task in Appendix A to part 43. That work must be documented in the logbook by a certificated mechanic or repairman. Granting an exemption from § 43.3(g) to allow NetJets’ pilots to2

load navigational databases within the parameters of item No. 5 in the conditions and limitations of Exemption No. 10286 will result in pilots’ loading software databases in places and at times where certificated mechanics and/or repairmen are not available. 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. 10286.

We also find that we did not address NetJets’ operations 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 NetJets to operate in that country under this exemption if it so

chooses.

Our Decision

The FAA has determ ined the justification for the issuance of Exemption No. 10286, as amended, remains valid and is in the public interest. 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. 10286.

The Effect of Our Decision

The term ination date of Exemption No. 10286, as amended, is extended to December 31, 2013, unless sooner superseded or rescinded. All conditions and limitations of Exemption No. 10286, as amended, remain the same.

Conditions and Limitations

1. Pilots will be trained on all specif ic 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 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 does not contain operating system software.

4. NetJets 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.3

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. NetJets may operate outside the United States under this exemption, unless otherwise prohibited by a foreign country.

This letter must be attached to, and is a part of, Exemption No. 10286.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service