Jet Aviation Flight Services, Inc. | Aircraft Management | Charter Services | Flight Support

112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 625 6335 | www.jetaviation.com

October 5, 2011

Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12‐140

Washington, DC 20590

Dear Sir or Madam:

Jet Aviation Flight Services, Inc., Air Carrier Certificate Number KKVA618M, is requesting exemption 

from the requirements 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 Part 135. The primary contacts in

this matter are:

Ralph Bonadies

Director of Maintenance

Jet Aviation Flight Services, Inc.

Bernard Flashman

Director of Operations

Jet Aviation Flight Services, Inc.

PETITION FOR EXEMPTION

This Petition for Exemption (“Petition”) is submitted in accordance with 14 CFR 11 and seeks permanent 

relief from certain rules issued by the Federal Aviation Administration governing persons authorized to 

perform preventive maintenance, in the form of updating Air Traffic Control (ATC) navigational software 

databases, on an aircraft used in operations under 14 CFR 135.

SCOPE

This petition request applies to all Jet Aviation Flight Services, Inc. pilots who have completed 

instruction covered under the approved training program and who are authorized by the Director of 

Operations or his designee to accomplish supervised updates of ATC navigational software databases in 

accordance with accepted procedures, on their assigned Jet Aviation Flight Services, Inc. aircraft used in 

operations under 14 CFR 135.
Jet Aviation Flight Services, Inc. | Aircraft Management | Charter Services | Flight Support

112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 625 6335 | www.jetaviation.com

SPECIFIC RELIEF REQUESTED

Jet Aviation Flight Services, Inc. seeks an exemption to 14 CFR 43.3(g) to allow Jet Aviation Flight 

Services, Inc. pilots to perform preventive maintenance, in the form of updating ATC navigational

software databases of its aircraft that are used in operations under 14 CFR 135.

Jet Aviation Flight Services, Inc. also requests to use the exemption, if granted, outside of the United 

States. The public benefit and equivalent safety evidence supporting this exemption request have 

equal applicability to Jet Aviation Flight Services, Inc.’s international flights.

14 CFR 43.3(g) states, in pertinent part, that "Except for holders of a sport pilot certificate, the 

holder of a pilot certificate issued under part 61 may perform preventive 

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

under part 121,129, 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 software 

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

operates an aircraft used under part 135 from accomplishing navigational database updates and 

requires those updates to be accomplished by authorized maintenance personnel.

It is understood that this exemption does not extend to other preventative maintenance tasks identified in 

Appendix A to part 43. 

PUBLIC BENEFIT

Jet Aviation Flight Services, Inc. (JAFS) is a Part 135 Air Carrier certificated in accordance with 14 CFR

119. Jet Aviation Flight Services operates over 20 business jets.

In order to provide for its customer's travel needs JAFS annually flies to more than a 1200 airports in

the US and abroad, and 800 in the US alone. JAFSs flight operations significantly benefits the US

economy and the public.

JAFS flew nearly 7000 hours, over 3000 flight’s in the U.S and more than 70 countries. Total fuel usage is 

estimated to have exceeded three million gallons.
Jet Aviation Flight Services, Inc. | Aircraft Management | Charter Services | Flight Support

112 Charles A. Lindbergh Drive | Teterboro Airport | Teterboro, NJ 07608 | USA

Tel. +1 201 462 4433 | Fax +1 201 625 6335 | www.jetaviation.com

Many of the airports to which JAFS customers fly have limited or no scheduled air service. Each year 

access to more and more of these airports, especially during periods of low visibility, is becoming 

entirely dependent on use of RNAV procedures. The same is also true for a number of major 

metropolitan airports where RNAV SIDs (Standard Instrument Departures) are the only "published" 

departure procedures normally available to any departing aircraft. In addition, RNAV-based airways (US 

"Q” and "T" routes) have been instituted i n key areas of US airspace. The number of airports solely 

served by RNAV procedures is increasing and will continue to do so for the foreseeable future. 

Advanced RNAV capability is also a key enabler in the FAA's Next Generation Air Transportation System 

(NextGen).

The FAA has 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 environmental impacts of aviation1. Specifically,RNAV procedures provide:

• Reduced risk of controlled flight into terrain (CFIT).

• Improved airport and airspace access in all weather conditions, 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.

JAFS aircraft are appropriately equipped and authorized by the FAA to use RNAV routes and 

procedures. All terminal RNAV procedure authorizations as well as some RNAV route authorizations 

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

RNAV allows JAFS to serve airports and routes that better satisfy its customer's needs. However,

these needs can sometimes lead to an aircraft being away from a location where trained and

authorized maintenance personnel would normally be available to update the navigational software

database when the previous database expires. When the navigational database has "expired" operation

of the aircraft is permitted by the FAA approved Minimum Equipment List (MEL), but only when RNAV

routes and procedures (i.e. those requiring a current navigational database) are not used.

The interests of JAFS customers and the general public are not served if an airport cannot be accessed 

or flight routes cannot be used because the navigational database is no longer current.

• Unnecessary positioning flights to appropriate maintenance locations or transporting trained 

maintenance personnel to an aircraft solely for the purpose of updating an expired navigational 

database are in direct conflict with public benefits of using RNAV procedures and routes (as 

outlined above).

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

airspace congestion, and do increase carbon emissions and pollution.

• Additional costs accruing from use of alternative airports or routes that do not require a 

current navigational database are ultimately borne by JAFS customers; having to 

use alternative airports or routes in this circumstance is a major economic burden to 

JAFS customers and the public.
JAFS believes that granting this exemption will significantly reduce the number of times a JAFS aircraft

is operated with an expired navigational database, and will benefit JAFS's customers and the general 

public.

EQUIVALENT SAFETY

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

1996, updating of navigational 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 

regulations to the state of modern technology in use at that time.

In the ensuing fourteen years technological advances in flight management systems have led to simple, 

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

updating procedure prescribed for any of JAFS's aircraft require parts removal, disassembly of a

panel- mounted unit, or use of any special tools. Instead,all flight management systems of JAFS's

aircraft have simple 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 are contained within the Pilot Operating Handbook (POH) for the installed flight

management system.

JAFS believes that allowing its trained 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.

• JAFS's pilots use the flight management system in their assigned aircraft on a daily basis and are 

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

characteristics, to include the installed navigational software database. JAFS 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. 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.

• Updating the navigational database is simple and does not require any special tools or removal

• I disassembly of any components.

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

navigational software database.

• JAFS's pilots will be specifically trained in all aspects of the updating procedure, including nonnormal indications, any required operational check, and the requirement to contact the 

assigned JAFS Maintenance Manager if any abnormalities are encountered while

accomplishing the update.

• The software being loaded will not contain system operating software. The upload will only 

include the navigational database. The assigned JAFS Maintenance Manager will ensure 

software being uploaded does not contain operating system software.

• After successfully completing the update the pilot who performed the navigational database 

update procedure will be required to document the completion in the Maintenance/Flight Log 

and contact the assigned JAFS Maintenance Manager to report completion of the update.
~ .lETR",RT,DN A GENERAL DVNAMICS COMPANY

The Maintenance Managers are trained and certificated maintenance technicians that provide

oversight for the work accomplished by the pilot. The Maintenance Manager contacted 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 maintenance record entry for the update will be signed by the pilot performing the

upload, and include his/her ATP number, the date of the upload, the database revision number

uploaded and the aircraft location at the time of upload. The form containing the

maintenance record entry will be transmitted to the Maintenance Manager who will

return the aircraft to service in accordance with JAFS's approved Maintenance Procedures.

FEDERAL REGISTER SUMMARY AND PUBLICATION

Jet Aviation Flight Services, Inc. seeks an exemption to 14 CFR 43.3(g) to allow its pilots that are

properly trained and qualified under an approved training program, to perform preventive

maintenance, in the form of updating ATe navigational software databases on its aircraft used in

operations under 14 CFR135. Granting of the requested exemption will benefit the public because pilot

updating of navigational databases will significantly reduce the number of times a JAFS

Management aircraft is operated with an expired navigational database and to support FAA's NextGen

efforts. In seeking this exemption Jet Aviation Flight Services, Inc. asserts that an equivalent level of

safety, as provided by the current rule, is achieved and maintained by use of its properly trained and

directed pilots and approved maintenance procedures.

Jet Aviation Flight Services, Inc. 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 exemption request

will needlessly encumber FAA resources and result in additional delay for relief.

Please contact either of the below if further information is needed to process this request.

Respectfully,

~~~-

Ralph Bonadies

Director of Maintenance

Jet Aviation Flight Services, Inc.

Bernard Flashman

Director of Operations

Jet Aviation Flight Services, Inc.