AFS-12-299-E 

June 22, 2012 

 Exemption No. 10571 

 Regulatory Docket No. FAA-2012-0353 

Mr. Danny Olmstead 

Director of Operations 

Key Air, LLC 

3 Juliano Drive, Suite 201 

Oxford, CT 06478 

Dear Mr. Olmstead: 

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 March 13, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Key Air, LLC (Key Air), for an exemption from § 43.3(g) of Title 14, Code of Federal 

Regulations (14 CFR). This exemption, if granted, would allow Key Air’s properly trained 

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

databases of installed flight management systems (FMS). 

Key Air is a part 135 Air Carrier certificated in accordance with 14 CFR 119. Key Air operates 

20 business jet aircraft and operates to more than 600 airports annually in the United States and 

abroad. Several airports that Key Air serves, have limited scheduled air service. Key Air’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 regulatory relief, when an FMS database 

expires, Key Air 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 of 

operating with an expired database, Key Air would eventually have to reposition the aircraft 
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(flown empty) to a maintenance facility or transport a mechanic to the aircraft. During this time 

when an FMS database is expired, Key Air may not be able to access certain airports that already 

have limited air service because the navigational database is no longer current. 

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 Key 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 Nos. 10286 and 10286A (copies 

enclosed), the FAA found that the flight management computer (FMC) 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 FMCs does not require special tools, special access, or removal of the 

FMC. Furthermore, FMCs 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 FMC. 

The FAA subsequently amended Exemption No. 10286 to include relief from 

§§ 91.1443(b)(3) and 135.443(b)(3) as they apply to the requirement that the maintenance log be 

signed by a certificated mechanic or repairman. We added a condition to address the preventive 

maintenance task associated with pilots loading of navigational databases as referenced in 

Appendix A to part 43. The 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 the upload -- similar to requirements for 

certificated mechanics performing uploads. The Key Air exemption includes this same relief 

from §§ 91.1443(b)(3) and 135.443(b)(3) and an associated condition as it applies to 

requirements for the logbook entry. 

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 Nos. 10286 and 10286A; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 10286 and 

10286A apply to the situation you present; and 

 for the reasons stated in Grant of Exemption Nos. 10286 and 10286A, a grant of exemption 

is in the public interest. 
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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 Key Air, LLC, an exemption from 14 CFR §§ 43.3(g), 

91.1443(b)(3) and 135.443(b)(3) to the extent necessary to allow its properly trained pilots 

(under an approved training program) to accomplish updates of navigational software databases 

of installed flight management systems, subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. Pilots will be trained on all specific makes and models of the FMC 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 has 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. Key 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. 

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. 
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7. Key Air may operate outside the United States under this exemption, unless 

otherwise prohibited by a foreign country. 

This exemption terminates on June 30, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service 

Enclosures