1 AVIATION WAY, DEKALB-PEACHTREE AIRPORT 

ATLANTA, GA 30341 PHONE: 770-458-9851 

8/18/2011 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

 

To whom it may concern: 

 Epps Air Service, Inc. is petitioning for an exemption from 14 CFR 43.3(g) as it pertains to 

navigational software databases as listed in Appendix A to 14 CFR 43, paragraph (c) item (32). 

 

The specific section of Title 14 CFR from which we seek an exemption is: 

§ 43.3 Persons authorized to perform maintenance, preventive maintenance, 

rebuilding, and alterations. 

(g) 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. 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. 

Appendix A to Part 43—Major Alterations, Major Repairs, and Preventive 

Maintenance 

(c) Preventive maintenance. Preventive maintenance is limited to the following work, 

provided it does not involve complex assembly operations: 

(32) Updating self-contained, front instrument panel-mounted Air Traffic Control 

(ATC) navigational software data bases (excluding those of automatic flight 

control systems, transponders, and microwave frequency distance measuring 

equipment (DME)) provided no disassembly of the unit is required and 

pertinent instructions are provided. Prior to the unit's intended use, an 

operational check must be performed in accordance with applicable sections 

of part 91 of this chapter. 

Currently as an air carrier, ESMA 688D, Epps Air Service cannot allow our pilots to update 

navigational databases due to 14 CFR 135 regulations. If the exemption were granted, Epps Air Service 

pilots, who will be trained on database download procedures, per our 14 CFR 135 approved training 

manual, would be allowed to update FMS and GPS databases for 14 CFR 135 aircraft. By granting this 

requested exemption, Epps Air Service trained pilots would have the ability to better serve the public, 

achieve a higher level of safety, and reduce operating costs for the company. 

 With the current 14 CFR 43.3 restraints as applicable to 14 CFR 135 aircraft, navigational 

databases are, at times, not able to be maintained without lapses in currently. This is due to the 28-day 

update cycle not coinciding with the aircraft being at a location that offers approved maintenance. Under 
1 AVIATION WAY, DEKALB-PEACHTREE AIRPORT 

ATLANTA, GA 30341 PHONE: 770-458-9851 

optimum conditions the aircraft would be at our home base during an updated cycle and our local 14 CFR 

145 repair station would perform the database update. However, with our operation being on-demand, the 

aircraft can easily end up at a location with no approved maintenance technician during a cycle change 

over period. As a result, the non-RNAV capable aircraft can lead to several issues that would not be in 

the public's best interest: 

• Inability to fly more accurate, and thus safer RNAV approaches 

• Inability to land at customer's preferred airports in outlying areas due to low weather and not have 

the ability to fly RNAV approaches. Our customers choose 14 CFR 135 flights over 14 CFR 121 

due to our ability to land at 10 times the number of airports, thus significantly reducing the 

customers travel time on the road and increasing their productivity. However, many of the small 

town airports offer only non-precision approaches, with RNAV approaches usually having the 

lowest landing minimums. Losing the ability to fly RNAV approaches could cause us to have to 

take the customer to an airport several miles from their first selection during times of low ceilings 

and visibility. 

• Inability to fly RNAV SID and STAR procedures, as well as Class 1 navigation enroute, which 

can lead to lengthy routing delays and increasing ATC workloads. 

• Inability to maintain higher levels of safety with RNAV capability due to navigation accuracy. 

With the GNSS system offering an extremely higher degree of accuracy than traditional land 

based navigation aids, the crew and passengers would be at greater risk of controlled flight into 

terrain (CFIT) as well as having a reduced obstacle clearance margin of safety in a non-RNAV 

aircraft. 

With regard to this exemption affecting safety, Epps Air Service feels that the level of safety will 

increase for the following reasons: 

• With flight crews having the ability to update databases, the aircraft will remain RNAV capable 

to a greater extent without having to rely on obtaining a qualified technician at locations away 

from home base. This will allow the aircraft to take advantage of the above listed RNAV 

capabilities. 

• Pilots will be trained per Epps Air Service's FAA approved training program on the specific FMS 

or GPS unit for the aircraft they crew. With the flight crews already trained and proficient on the 

usage of the FMS or GPS unit, having to learn update procedures will be an easy and safe 

transition. 

• With flight crews most likely more proficient in the use of the FMS or GPS than many 

technicians, the level of safety will not be compromised. Furthermore, the FMS and GPS units 

run an automatic self-test during required unit restarts after database updates. This allows crews 

to determine continued RNAV capability after updates. 

• All crews performing updates will coordinate with the Director of Maintenance for each update 

cycle. The pilot will be notified of all upcoming cycle database availability and effective dates. 

Upon successful completion of an update, the crewmember will document the update in the 

maintenance log. This entry will then be signed by the DOM for proper record retention and 

aircraft release data. 
1 AVIATION WAY, DEKALB-PEACHTREE AIRPORT 

ATLANTA, GA 30341 PHONE: 770-458-9851 

SUMMARY 

Epps Air Service, Inc. is petitioning for an exemption from 14 CFR 43.3(g) as it pertains to 

navigational software databases as listed in Appendix A to 14 CFR 43, paragraph (c) item (32). Due to 

current 14 CFR 135 regulations we currently must have a certified technician, preferably from the local 

14 CFR 145 repair station at our home base, update all aircraft databases at every 28-day cycle at an 

added cost to us that must be passed on to the customer. This cost is much higher if databases must be 

updated away from home base. With our on-demand schedule we are unable to predict and plan when 

and where database updates can occur. This can lead to aircraft being in locations where updates are 

unable to be performed due to the update availability and effective cycle not timing with the aircraft being 

at a location with approved maintenance technicians. 

 

As a result Epps Aviation would not be able to take advantage of our RNAV approved enroute 

and approach capability, which would not benefit the public and can reduce levels of safety. The flight 

crew may have to take the customer to airports other than the one requested, which may only have RNAV 

approaches, or has RNAV approaches with the lowest landing minimums required during times of low 

ceilings and visibility. A non-RNAV capable aircraft also usually requires extra time and effort from 

multiple ATC facilities and thus increases their workload and possibly reduces safety margins. With the 

FAA promoting RNAV capability as improving ATC traffic flows, airport access, safety, etc. it would be 

in the operator's as well as the public's best interest to allow properly trained flight crews the ability to 

keep the database current at all times with no interruption in cycle currency. 

With the pilots having been training on the aircraft specific model of FMS or GPS, the level of 

safety would remain or be greater than that obtained with the current 14 CFR regulations. This is 

especially true since the database would be updated by a small group of qualified pilots who use the 

RNAV systems more frequently than most technicians. Once the database has been updated, a self-test is 

performed as evidence that the database is current and the system continues to operate as before. All 

pilots would coordinate with the Director of Maintenance after a database update for the proper aircraft 

log entry and aircraft release. 

Sincerely, 

Gregg Johnson 

Director of Standards & Compliance 

Epps Air Service, Inc. 

gjohnson@eppsaviation.com 

770-458-9851 ext 227