October 1 , 2011 Docket Management Facility U.S. Department of Transportation 1200 New Jersey Ave, S.E. West Building Ground Floor Room W12

- 140 Washington, DC 20590
Submitted via www.regulations.gov Subject: Petition for Exemption from 14 CFR 43.3(g) to allow properly trained pilots to accomplish supervised updates of FMS navigational software databases
References: 14 CFR§ 43.3(a), 14 CFR§ 43.3 ( g) , Appendix A to Part 4, 14 CFR§ 135.435(b)
**SUMMARY OF RELIEF REQUESTED**  Heritage Aviation, Inc. d/b/a Heritage Flight, Air Carrier Certificate IGXA989E, (hereafter referred to as Heritage Flight) is requesting exemption from the requirement of 14 CFR§ 43.3(g) that pertains to holders of pilot certificates issued under part 61 being authorized to perf orm preventative maintenance on aircraft operated by that pilot not used under 14 CFR Part 135 so as to specifically allow properly trained pilots (under an approved training program) to accomplish supervised updates of the navigational software databases of Flight Management Systems (FMS) installed in aircraft operated by Heritage Flight under 14 CFR Part 135. 14 CFR§ 43.3(a) references Appendix A to Part 43 as containing the items considered to be a major alteration, a major repair, or preventative maintenance; specifically (c)(32) of Appendix A identifies “updating self

contained...Air Traffic Control (ATC) navigational software data bases...” as a preventative maintenance item. In essence, the current rule prevents a pilot who operates an aircraft under 14 CFR Part 135 from accomplishing navigation database updates and requires those updates to be performed by authorized maintenance personnel. **PUBLIC BENEFIT** Heritage flight currently operates 10 aircraft in o ver 2,0 00 ights annually to domestic and international destinations in a highly

competitive business environment. Many of the airports to which Heritage Flight customers fly have limited or no scheduled air service; access to more of these airports, espec ially during periods of low visibility, is becoming increasingly dependent up on the use of RNAV procedures. Additionally, many of the major metropolitan airports are increasing the ir usage of and dependence upon RNAV Standard Instrument Departures (SID) and Standard Terminal Arrivals (STAR) for improved air traffic flow. The number of RNAV based airways in the form of “Q” and “T” Routes in increasing, as is the amount of airports served solely by RNAV procedures. Advanced RNAV capability is a key component in the FAA’s Next Generation Air Transportation System (NextGen).The FAA had promoted RNAV as serving the general public interest because RNAV benefits the safety, access, capacity, predictability, and operational efficiency of the National Airspace System (NAS), and reduces the environmental impacts of aviation; specifically RNAV procedures provide:

 Reduced risk of controlled flight into terrain (CFIT).  Improved airport and airspa ce assess in all weather condition and ability to meet environmental and obstacle clearance constraints.
 Enhanced reliability and reduced delays by defining more precise terminal area procedures.  Reduced workload and improved productivity of air traffic controllers. Heritage Flight aircraft are appropriately equipped and authorized by the FAA to use RNAV routes and procedures; all terminal RNAV procedure operations as well as some RNAV routes authorizations require ATC navigational database be “current”. RNAV allows Heritage Flight to serve airports and routes that better serve its customers needs; however these needs sometimes leave an aircraft away from a location where authorized maintenance personnel would normally be available to update the navigation database when the previous database expires. While it may be possible to operate an aircraft with an “expired” navigation database under its FAA approved Minimum Equipment List (MEL), the use of RNAV routes and/or procedures may be restricted by requiring a “current” database. The interests of Heritage Flight customers and the general public are not served if an airport cannot be accessed or routes cannot be flown due to an out of currency navigation database. Negative consequences of allowing only maintenan ce personnel to update navigation databases include:

 Unnecessary

positioning flights to maintenance locations or transporting maintenance personnel to the aircraft for the sole purpose of updating a navigation database are in direct conflict with the benef its of using RNAV procedures and routes (see above).
 Such maintenance positioning flights can needlessly lead to increased flight delays, increased airspace congestion, and increase carbon emissions and pollution.
 Additional costs accruing from the use of alternate airports or routes that do not require a current navigation database are ultimately

borne by Heritage Flight customers. Having to use alternate airports or routes in this circumstance is a major economic burden to Heritage Flight customers and the public. Heritage Flight believes that granting this exemption will significantly reduce the number of flights operated with an expired navigation database and will benefit Heritage Flight customers and the general public. **AFFECT ON SAFETY OF FLIGHT** When the current rule defining database updates as preventative maintenance was issued in May of 1996, updating navigation databases often required removal of the navigation unit from the instrument panel, and in some cases, disassembly

of the unit itself. The rule intended to adapt federal regulation to the state of modern technology in use at that time. In the ensuing years FMS technological advances have led to simple, user

- friendly procedures for updating navigation databases. In no case does the navigation database updating procedure prescribed for any Heritage Flight aircra ft require parts removal, disassembly of a panel

- mounted unit, or the use of any special tools. Instead, all flight management systems in Heritage Flight aircraft have simple data loaders that provide navigational database updates via a commonly

used digit al medium (such as a USB drive or floppy disks). The procedures for accomplishing the navigational database updates are contained within the Pilot Operating Handbook for the installed FMS
.Heritage Flight believes that allowing its trained and supervised pilots to accomplish updates of navigational software databases in their assigned aircraft provides an equivalent level of safety to that achieved by having authorized maintenance personnel accomplish the update because:

 Heritage Flight pilots use the FM S in their aircraft every day they fly and are thoroughly

trained in all aspects of its normal operation and non

- normal operating characteristics, including the installed navigational software database
.  Updating the navigational database is simple and does not require any special tools or removal / disassembly of any components.  There are no known instances of an incident or accident attributable to pilot updating a navigation software database.  Heritage Flight pilots will be specifically trained in all asp ects of the updating procedure, including non

normal indications, any required operational check, and the requirement to contact Heritage flight 135 Maintenance if any abnormalities are encountered while accomplishing the update.  The pilot accomplishing th e navigational database update will complete the required documentation after successfully accomplishing the update and advise Heritage Flight 135 Maintenance of the update.  A certificated and authorized Maintenance Technician of Heritage Flight 135 Maintenance will approve the work accomplished by the pilot as the person in charge of maintenance in accordance with 14 CFR§ 135.435(b) after reviewing and confirming with the pil ot that the update was accomplished in accordance with the prescribed procedure.  The required aircraft log entry for the update will be signed by the certificated and authorized Maintenance Technician of Heritage Flight 135 Maintenance, transmitted to the pilot for insertion into the Aircraft Binder , and the aircraft will be returned to service in accordance with Heritage Flight’s approved maintenance procedures. **FEDERAL REGISTER SUMMARY AND PUBLICATION** Heritage Flight Exemption seeks an exemption to 14 CFR§ 43.3(g) as it pertains to pilots performing preventative maintenance so as to specifically allow properly trained pilots to accomplish supervised updates of the navigational software databases of f

light m anagement s ystems (FMS) installed in aircraft operated by Heritage Flight under 14 CFR Part 135. Granting this requested exemption will benefit the public by reducing the number of times Heritage Flight operates an aircraft with an expired FMS database which will also better support the FAA’s NextGen efforts. As evidenced by

the information presented herein, approval of this request would in no way adversely affect safety of flight
. Heritage Flight requests a waiver of the 120

- day filing requirements and the publishing of a summary of the petition in the Federal Register. Any delay in granting of this exception request will needlessly encumber FAA resources and result in additional delay for relief. Please contact either signatory below if further information is requires. Sincerely ,

Vanda E. Crook, Director of Operations Mark G. Wise, Director of Maintenance Heritage Aviation, Inc. d/b/a Heritage Flight Heritage Aviation, Inc. d/b/a Heritage Flight