Exemption No. 10286 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

NetJets Aviation, Inc. Regulatory Docket No. FAA-2010-1018

 

for an exemption from § 43.3(g) of 

Title 14, Code of Federal Regulations 

 

GRANT OF EXEMPTION 

By letter dated September 30, 2010, Mr. Richard B. Shideler, Director of Maintenance, 

NetJets Aviation, Inc. (NetJets), 4111 Bridgeway Avenue, Columbus, Ohio 43219, petitioned 

the Federal Aviation Administration (FAA) on behalf of NetJets for an exemption from 

§ 43.3(g) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if 

granted, would allow NetJets properly trained pilots (under an approved training program) to 

accomplish supervised updates of navigational software databases of installed flight 

management systems. The relief sought would apply to all aircraft maintained under parts 

135 and 91K. 

The petitioner requests relief from the following regulation:

Section 43.3(g) prescribes 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 parts 121, 129, or 135 

of this chapter. The holder of a sport pilot certificate may perform preventive 

maintenance on an aircraft owned or operated by that pilot and issued a special 

airworthiness certificate in the light-sport category. 

The petitioner supports its request with the following information:

AFS-11-006-E 

NetJets operates a fleet of nearly 500 aircraft serving more than 3500 customers while flying 

annually to more than 1500 airports throughout the United States. In 2009, this resulted in 

operations of nearly 300,000 flights. Most of the airports to which NetJets’ customers fly 

have limited or no scheduled air service. Each year, access to many of these airports, 
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especially during periods of low visibility, is becoming entirely dependent on use of area 

navigation (RNAV) procedures. The FAA promotes RNAV as serving the general public 

interest because RNAV benefits the safety, access, capacity, predictability, and operational 

efficiency of the national airspace system and reduces environmental impacts of aviation. 

Specifically, RNAV procedures provide reduced risk of controlled flight into terrain, 

improved airport and airspace access in all weather conditions, as well as the ability to meet 

environmental and obstacle clearance constraints. It also enhances reliability and reduces 

delays by defining more precise terminal area procedures. Finally, it reduces workload and 

improves productivity of air traffic controllers. NetJets aircraft are appropriately equipped 

and authorized by the FAA to use RNAV routes and procedures. All terminal RNAV 

procedure authorizations and some RNAV route authorizations require the air traffic control 

navigational database be current. The interests of NetJets 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 maintenance 

locations or transporting maintenance personnel to an aircraft solely for updating an expired 

navigational database are in direct conflict with public benefits of using RNAV procedures 

and routes. Such maintenance positioning flights can needlessly lead to increased flight 

delays, increased airspace congestion, and an increase of carbon emissions and pollution. 

NetJets believes that granting this exemption will significantly reduce the number of times a 

NetJets aircraft is operated with an expired navigational database and will benefit NetJets 

customers and the general public. 

NetJets 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. NetJets’ pilots 

use the flight management system daily 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 of a navigational software database. 

NetJets’ pilots will be trained in all aspects of the updating procedure, including non-normal 

indications, any required operational checks, and the requirement to contact the NetJets 

maintenance control center (MCC) if any abnormalities are encountered while accomplishing 

the update. The MCC maintenance controllers are certificated and authorized maintenance 

technicians and will approve the work accomplished by the pilots as the person directly in 

charge of maintenance per § 135.435(b). The required aircraft log entry for the update will be 

signed by the MCC authorized maintenance technician and the aircraft will be returned to 

service in accordance with NetJets’ approved maintenance procedures. The approved form 

containing the log entry will be transmitted by the maintenance controller to the crew for 

insertion in the aircraft log. 
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 Although the petitioner requested that action on its petition not be delayed for 

publication in the Federal Register, the FAA found that the petition, if granted, would set a 

precedent. Therefore, to allow an opportunity for the public to comment on the petition, a 

summary of this petition was published in the Federal Register on April 13, 2011 

(76 FR 20806). Four comments were received. All four comments were in support of 

granting NetJets’ petition. 

 

The FAA's analysis is as follows:

The FAA finds the flight management computer (FMC) technology has evolved sufficiently 

to support NetJets’ position that an equivalent level of safety can be attained by pilots loading 

navigational software databases as currently exists with certificated mechanics performing the 

uploads. Database loading of front panel and pedestal mounted FMCs does not require 

special tools, special access, or removal of the FMC. Further, 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 flight management computer. 

The FAA further finds that NetJets has sufficiently illustrated how granting of this petition is 

in the public’s interest. 

The FAA’s Decision: 

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, NetJets Aviation, Inc., is granted an exemption from 

14 CFR § 43.3(g) to the extent necessary to allow NetJets properly trained pilots (under an 

approved training program) to accomplish supervised 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 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. 
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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. 

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. 

This exemption terminates on June 30, 2013, unless sooner superseded or rescinded. 

Issued in Washington, DC, on June 15, 2011. 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service