- 1 iMiw. i 

Federal Aviation 

Administratidn 

fAA-Zotb- ot/V 

Memorandum 

Date: • July 21,2010- , ^ 

To: U.S. Department of Transportation 

Docket Management System 

From: Mark C. Goodwin, Aviation Safety Inspector, AGL-27 RAP FSDO 

Subject: Action: Petition of Exemption to 14 CFR 43.3 (g) 

Falcon Aviation, Inc. is seeking an exemption from 14 CFR 43.3 (g) regulations, allowing a 

certificated pilot to perform preventive maintenance "specifically: to perform GPS database 

updates on the Garmin Of^S 430 installed in his Cessna T303 aircraft N5MG". 

Mr. Van Gerpen makes several valid points as to why this exemption should be upheld. 

1. The Federal Aviation Regulatioris have not kept current with the technology of today. 

When the rule was first implemented, a certificated mechanic or repair station had to 

physically remove navigational equipment and perform software upgrades on the bench, 

then reinstall in the aircraft and perform the appropriate tests for return to service. Today 

it is a simple procedure to remove a GPS data card & reinstall. The Garmin GNS 430 

GPS runs a self-check verifying that the new data is loaded and current. 

2. 14 CFR Part 91. The pilot can perform the GPS database upgrade and make the record 

entry. However, the same pilot cannot perform the same GPS database upgrade when 

used for Part 135. It is the same simple procedure that is performed for both Parts 91 and 

135 navigational operations. In most cases the pilot is more qualified to perform the GPS 

database upgrade than the mechanic, since he is the one operating the equipment while 

flying the aircraft. Most mechanics are not familiar with all of the different types of GPS 

navigational equipment manufactured and usually have the pilot assist them with the 

operation of the equipment. There will be no decreased level of safety as the pilot-incommand must verify the status of the data card before each flight. The GPS also 

displays the latest update and status upon turn-on of the equipment. Again, specialized 

test equipment is not required for return to service. A certificated mechanic does not 

provide a higher level of safety concerning the update of the GPS database. 

If you have any questions, please feel free to call me at 605-737-3026. 

Attachment 
-r Falcon Aviation, Inc 

702 East 31st Street - Yankton, SD 57078 - (605) 665-3473 

M y 6,2010 

BanyDunmire 

Principal Operations Inspector 

Flight Standards Distiict Office 

3501 15* Street 

Rapid City, SD 57701 

Dear Mr. Dunmire: 

Presently FAR 43 Appendix A classifies updating the database of panel mounted GPS 

units as preventative maintenance. This classification, combined with the requirement 

for FAR 135 operators to have preventative maintenance performed by a certified 

mechanic on an approved drug program, presents a safety of flight concern. While the 

increased maintenance requirements that part 135 operators are held to are intended to 

increase flight safety, this situation actually has the opposite effect. 

Because of the frequency of the update cycles for GPS units, aircraft are often away from 

home base on the date new databases take affect. This requires either updating the 

daM)ase early, before being dispatched on a muitiday trip, or letting the database expire 

while on a muitiday trip. Either situation limits the pilot's use of the most accurate 

navigation tool at his disposal which has a negative affect on flight safety. Most flights 

here in the Midwest are to small airports that may, or more likely, may not have a 

mechanic on hand frained to perform the GPs update. As a small operator with only one 

mechanic qualified to perform maintenance on my aircraft at my home field, this problem 

even exists for me at my home base of operations. 

The simplest remedy to this problem would t>e for tiie FAA to remove updating GPS 

databases from being classified as preventative maintenance. A change to the regulations 

removing FAR 43 Appendix A (cX32) altogether would be a simple straight forward fix. 

The process of updating the database does not require any tools, nor does it require any 

s^lls imique to an aircrafr mechmc and are: 

Remove the data card from the GPS 

Place the data card in a card reader 

Insert the card reader into a USB port on a computer 

Click the appropriate software buttons 

Remove the card reader from the USB port follovsdng the data download 

Remove the data card from the card reader 

Install the data card into the gps unit 

"We Ffy to Serve You Better" 
-r ' 

Turn on the GPS and confirm the data update has been successful 

These steps are essentially the identical to the steps countless people take every day to 

print pictures taken on a digital camera at a drug store. Clearly classifying the updating 

process as maintenance is an indication that the regulations have not kqrt pace with 

evolving technology. The updating process could easily be freated the same as performing 

a VOR check without a negative affect on flight safety. 

A second, more complicated solution would be to add a section to FAR 43.3 similar to 

FAR 43.3(i) which allows pilots to install and remove seats and sfretchers. As the 

process of updating^a GPS database is far simplex than installing/remnving.seats and 

stretchers this change should meet no resistance form the FAA. 

Because the current regulations concerning GPS updates <iecrease flight s«rfety, the pilots 

that use the GPS's are better equipped to perform the frequent updates than untrained 

mechanics, and no negative impact on flight safety would be realized by a either of the 

regulation changes I outlined above; I am therefore submitting a request that a change to 

FAR 43 be made to enhance flight safety. I would be hai^y to work with you and your 

office toward this goal. 

I understand ^^^ changes to the F AR's take a long time so I am also requesting a waiver 

from FAR Appendix A (c) (32) to allow myself to perform database updates on the 

Garmin 430 GPS installed in Cessna T303 N5MG. 

Please contact me if you have any questions. 

Sincerely, 

Merrill W. Van Gerpen 

President