0S/81/2011 09:36 15087786233 

PAGE 02 

Hyannis Air Service, Inc. 

660 Barnstable Ro«d 

Hyannis, MA 02601 

508-790-3122 Direct 

June 1,2011 

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

Exemption / Rulemaking Request 

Posted on May 23, 2011 

Docketnumber: FAA-2010-1018-0008 (and FAA-2010-1018'0008.1) 

Please accept this letter of request to withdraw an incorrectly posted petition for exemption / 

rulemaking to Docket FAA-2010-1018-0008 by Hyannis Air Service, Inc. It was incorrectly 

posted on May 23, 2011. 

1 am formally requesting a withdiawal of this posting so that the petition for exemption / 

rulemaking can be reposted correctly through the proper steps. 

Please do not hesitate to contact me if you have any questions. 

Sincerely, 

Tammie R. Irwin 

Cape Air Pirector, Safety & Compliance 

OflTice Phone: 508-862-9761 

Mobile Phone; 508-525-0862 

E-Fax: 508-862-9757 

E-Mail: tammic.irwinfScapeair.com 
06/01/2011 09:36 15087?96233 PAGE 03 

660 Bnmstablc Road 

, Hyftnnis. MA 02601 

AmUVSGI 508-790-3122 Main 

May 9,2011 

RegoJfttory Docket Number: FAA-2010-1018 

US Department of Tnuiiportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor, Room W12-I40 

Washington, DC 20590 

Submitted via: www.rygulation8.gov 

Dear Sir or Mfldam: 

Hyannis Air Service, Inc. (d^/a Cape Air/Nantucket Airlines, "Cape Air"), Aii Cairier Certificate 

Number HYIAI45B. i» rcquesiing exemption from therequirementa of 14 CFR 43.3(g) to allow its 

properly trained pilots (under an approved training program) to accomplish updates of navigational 

software databases of installed flight management systems. This applies to all aircraft used in operations 

under 14 CFR parts 135 and 121. Thcprimarycontacts in this matter are: 

David B\ishy James Goddard 

Cape Air Chief Operating Officer/President Cape Air Senior Vice President Maintenance 

508-862-9740 508-862-9741 

Dave.bushv@capeair.com Jim.yoddard@.capeair.CQm 

Craig Bcntley Paul Connolly 

Cape Air Managing Direccor of Operations Cape Air Director of Maintenance 

508-862-9707 508-862-9703 

Craig.bentlevfaeftDcair.com £aid,£OttnQllYfaicapc^t.«m 

Petition for Eicmptlon 

TTus Petition for Exemption ("Petition'*) is subcnittcd in accordance with 14 CFR 1 ] and seeks permanent 

relief fiom certain mles issued by the Federal Aviation Administration governing persons authorized to 

pcrfomi pirventive maintenance, in the form of updating Air Traffic Control (ATC) navigational software 

databases, on aircraft used in operations under 14 CFR parts 135 and 121. 

This petition request applies to all Cape Air pilots who have completed instruction covered under the 

approved training program and who are authorized by the Managing Director of Operations or his 

designee to accomplish updates of ATC navigational software databases in accordance with accepted 

procedures, on their assigned Cape Air aircraft used in operations under 14 CFR parts 135 and 121. 
06/01/2011 09:36 15987786233 PAGE 04 

Sp-^cjfic Relief Reoneated 

Cape Air seeks an exemption to 14 CFR 43.3(g) to allow Cape Air pibts to pcrfbmi preventive 

juamtttiance, m the form of updating ATC navigational software databases of its aircraft that are used in 

operations wader 14 CFR parts 135 and 121. 

Cape Air also requests to use the exemption, if granted, outside of the United States Annually Cape Air 

flics over 6,000 international flights. Many of these flights are to intcmatiotial destinations (hat ^ k 

require the aircraft to be out of the United States for periods of time. Tbe public benefit and equivalent 

safety evidence supporting this excmptioa request have cq ^ applicability to Cape Air^s international 

flights. 

14 CFR 433(g) states, in pertinent part, that "Except/or holders of a sport pilot certificate, the 

holder ofapilot ceniflatte issued under port 61 mt^ perform preventive 

maintenance on any aircrqft owned or operated by that pilot which is not used 

under part 221, 129 or 135 of this chapter. ** 

In 14 CFR 43.3(a) reference is made to Appendix A to part 43 as containing the items that are considered 

to be preventive maintenance and thus subject to provisions in 14 CFR 43.3(g). Specifically, paragraph 

(c)(32)of Appendix A to part 43 identifies "updating self-contained,... ATC navigational sofhvcre 

databases " as preventive maintenance items. In essence, the current rule prevents a pilot who operates an 

airorail under parts 135 and 121 from accomplishing navigational database updates and requires those 

updates to be accomplished by authorized maint^iance personnel. 

PuMicJgncfit 

Cape Air is a part 135 and 121 Air Cairier certificated in accordance with 14 CFR 119. Cape Air operates 

67 Cessna 402 and 2 ATR-42 aircraft serving more than 39 cities worldwide. 

Annually, Cape Air operates 130,000 flight operations carrying over 600,000 passengers. Several airports 

that Cape Air serves, have limited scheduled air service. These airports arc often in locations where 

weather conditions and surrounding tenain can have an impact on the reliability of air service. The 

number of airports served solely by RNAV procedures is increasing and will continue to do so for the 

foreseoble future. Advanced RNAV capability is also a key enabler in the FAA's Next Generation Air 

Transportation System (NextGcn). 

The FAA has promoted RNAV as serving the general public interest becaiuae R>I AV benefits the safety, 

access, capacity, predictability and operational efficiency of the National Airspace System (NAS), and 

reduces environmenial impacts of aviationV Specifically RNAV procedures provide. 

• Reduced risk of controlled flight into terrain (CFIT) 

• Improved airport and airspace access in all weather conditions, and ability to me«t environmental 

and obstacle clearance constraints 

• Enhanced reliability and reduced delays by defining more precise tcnninal area procedures 

• Reduced workload and improved productivity of air traffic controllers 

The majority of Cape Air's aircraft are appropriately equipped and authorized by the FAA to use RNAV 

routes and procedures. All temiJnaJ RNAV procedure authorizations as well as some RNAV route 

authorizations require that the ATC navigational database be "current". 

FAA "Rcadmap for Pcrfbnianc« Baicd Navigation". July 2006, pits 7. 
06/01/2011 09:3B 15087786233 ^^^'^ ®^ 

RNAV allows Cape Air to serve aiiporti and routes that better satisfy the communities we serve 

However this semce leads to an aimraft being away fiom a location where authorized maintenance 

personnel would nomially be avaUable (o update the navigational software database when the previous 

^^^T ! f P"**-. ^ .** navigational database has ^expired" operation of th* aircraft is periutted by 

Uie FAA Approved Mmunum Equipment Ust (MEL), but only when RNAV mutes and procedures (i e 

those requiring a curreni navigational database) are not used. 

The interest of Cape Air's customers and the general public a« not served if an airport cannot be accessed 

or tlight routes cannot be used because the navigational database is no longer cun«nt. 

• Unnecessaiy position flights to maintenance locations or transporting maintenance personnel to 

an atfcraft solely for the purpose of updating an expired navigational database arc in direct 

conflict With pubhc benefits of using RNAV pmccduirs and routes (as outlined above) 

• Such maintenance positioning flights can needlessly lead to increased flight delays or 

cancellations, increased airspace congestion, and do increase carbon emissions and pollution 

• Additional costs accnring from use of aiteraative airports or mutes that do not require a currcni 

navigational database are ultimately borne by Cape Air's customet^ having to use alternative 

airports or routes in this circumstance is a major economic burden to Cape Air's customers and to 

the public. 

Cape Air is a significant supporter of the FAA's desire to implement NexiGen^, Some of Cape Air's 

WAAS equipped aircraft sac currently being used to obtain data for FAA analysis in support of NextGcnEquivalent Safety 

When the current mle (defining database updates as 'preventive maintenance') was issued in May, 1996, 

updating of navigational databases often required removal of the navigation unit fix>m the instrument 

panel and, in some cases, disassembly of the unit itaelf The rule intended to adapt federal regulations to 

the state of modem technology in use at the time. 

In the enduing fifteen years technological advances in fli^t management systems have led to simple, 

user-fricndty procedures for updating navigational databases. In no case does the navigational database 

updating procedure described for any of Cape Air's aircraft require parts removal, disassembly of a panelmounted unit, oruse of any special tools. Instead, all fli^t management systems of Cape Air's aircraft 

have single data loaders that obtain navigational database updates via commonly used digital media (such 

as a USB drive or a set of floppy disks). The procedures for accomplishing the navigational database 

update arc comainod within the Pilot Operating Handbook (PQH) for the installed flight management 

system. Attached is a copy of the published steps for insertion and removal of the data card io the unitsThe simple act outlined in 3 steps for either insertion or removal is, in our estimation, well within the 

scope of the pilot's ability. Additionally, it is not uncommon for general aviation pilots to conduct this 

process in their pergonal aircraft. TTiese pilots are often not subject to the same stmctured routine training 

programs as Air Transport Pilot (ATP) certificated pilots that work for the world's airlines. By providing 

the ability for Cape Air's ATT certificated pilots to conduct this task, there is no reduction in the level of 

safety to the flying public. 

Cape Air believes that allowing properly trained pilots to accomplish updates of navigational software 

databases in their assigned aircraft, provides an equivalent level of safety to Ih&i achieved by having 

authorized maintenance personnel accomplish (he update. 

* Rcf; MOA DTFAWA-O5-A-80004 - In this Memorandum of Atreancm (MOA) beiwew ib« FAA *nd Cape Air, Pedcral funds *«» used to 

equip 6 Caj* Air nircnft with WAAS-capabte GPS uniiB. hi wthimet fbi the frfmlb-^iTrfttl WAAS tq«ip«s« of .he ^ifcraft. Cape Air *iU 

coUeci opentionil dita of uug* ot WAAS and piovide this dJtt (r the fAA o w 3 three ya i period. 
PAGE 06 

06/01/2011 09:38 1508778B233 

• Cape Air's pilots use the fli^t managemeot system in their assigned aircraft on a daily basis and 

are thoroughly trained in all aspects of its normal operation and non-nonnal operating 

characteristics, to include the installed navigational database. 

• Updating the navigational daubase is simple and docs not require any special tools or removal / 

disassembly of any component*. 

• ThCTt are no known instances of an incident or accident attributable to pilot updating of a 

navigational software database. 

• Cape Air's pilots wiD be specifically trained in all aspects of the updating pn>ced\ire, including 

non-normal indications, any required operational checks, and the requirement to contact the Cape 

Air Maintenance Operations Control (MOC) if any abnormalities are encountered while 

accompUshing the update. 

• After successfully completing the update, the pilot who perfomncd the navigational database 

update prooeduie will be required to document the completion in the niaintenaiK^c logbook and 

contact MOC to report completion of the cqpdatc. 

• MOC controllers, who arc certified and authorized maintenance technicians for Cape Air, 

approve the work accomplished by the pilot aa the person, directly in charge of maintenance in 

accordance with 14 CFR 135.435Cb). The MOC controller coniacted by the pilot will be required 

to review and confirm with the pilot that the update was accomplished in accordance with the 

prescribed procedure, 

• The required aircraft log entry for the update will be signed by the MOC authorized maintenance 

technician (a certificated mechanic), and the aircraft will be returned to service in accordance 

with Cd^ Air's approved maintenance pmcedures. The approved form containing the log entry 

will be transmitted by the MOC controller to the crew for insertion in the aircraft log. 

Federal Regitter SnroiftarY and Pnblkation 

Cape Air seeks an exeat^tion to 14 CFR 43.3(g) to allow its pilots thai are properly trained and qualified 

under an approved training program, to perform preventive maintenance, in the form of updating ATC 

navigational software databases on its aircraft used in operations under 14 CFR parts 135 and 121. 

Granting of the requested eotcmption will benefit the pubhc because pilot updating of navigational 

databases will significantly rwhrce the number of times a Cape Ait aircraft is operated with an expucd 

navigational database and to support FAA's NextOen efforts. In seeking this exemption Ci^e Air asstfts 

that an equival^ Mel of safety, as provided by the current rule, is achieved and maintamed by use of its 

properly trained pilots, as approved maintenance procedures. 

Cape Ail requests a waiver of the UCMay filing requirements and the publishing of a summary of the 

?«irion in the Federal Register. Any delay in granting of this exemption request will needlessly encumber 

FAA resources and result in additional delay for relief. 

Please contact any one of the Cape Air leadership listed at the beginning of this letter, or myself, if further 

information is needed to process This request. 

Respectfully, 

Tammie Irwin 

Cape Air Director of Safety and Compliance 

508-862-9761 or tflmjmic.ir>*fipf^^»P<=^ ^^^"^ 
06/01/2011 09:36 15087786233 PAGE 07 

APPENDIX A 

I'JcivD.^ta Care) LIsp 

Appendix A 

NavData Card Use 

The Jeppesen NavData* catd supplied with your 

400\V-5eries unit can be installed or removed when 

the ^OOW-Serics unit :s oft. Insert the card wUh the 

swing arm handle at ihe botiom and the label facing 

to [he left («e ttlustration right). If the NavData card 

is not present when the unit is turned on, you will 

receive a "No Jeppescn Aviation Database - Limited to 

user defined waypoints" message on the dalabase confirmation page. If the NavData card is removtid during 

operation, a 'Data card removed-Unit will restart in 30 

seconds'^ warning. The 400W-5eries urut will autormtically reiniiiillze even if the card is reinserted. "You may 

also reinitialize the unit manually by pressing ENT. 

To insert the NavData card: 

1. Place Ihe card into the NavData card slot, with 

the label facing to the left antj the swing arm 

handle at the bottom front. 

3. 

NOTE: Jh&e are nvo data card slots on the face 

of the AOOV^-series. 7hs Jeppesen HavDaaS> 

card should be insened in rfie left-most slot. The 

second slot is provided for the terrain card. 

Press the MavOata card into place ur\til it seats 

on the internal connector and the front of the 

card is flush with ihe face of the 400W-series 

unit. 

If the swing arm handle is up, gently lower the 

handle and push it into place—flush with the 

face of the 400W-series unit. 

To remove the NavData card: 

1. Gently press on the tab-—using a slight upward 

motion—at the front center of the NavData 

card. This will partially deploy the swing arm 

handle. 

2. Turn the swing arm handle upward (and outward) until it locks into place, perpendicular to 

the face of the 40DW-series unit. 

Grasp the top and bonom surfaces of the swing 

arm handle, between your thumb and forefinger, and pull directly away from the face of the 

400W-series unit to unseat the connector and 

remove the NavData card. 

3. 

190 190-0O3S6-O0fievC