AFS-11-373-E

February 23, 2012 

 Exemption No. 10464 

 Regulatory Docket No. FAA-2011-0703 

Mr. Chris Poliak 

Director of Maintenance 

Executive Jet Management, Inc. 

4556 Airport Road 

Cincinnati, OH 45226 

Dear Mr. Poliak: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision: 

By letter dated June 27, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Executive Jet Management, Inc. (Executive Jet), for an exemption from § 43.3(g) of 

Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow 

Executive Jet’s properly trained pilots (under an approved training program) to accomplish 

updates of navigational software databases of installed flight management systems. Executive 

Jet requested the relief be extended to operations outside the United States. 

Executive Jet operates to more than 1,200 airports in the United States and abroad. These 

airports are often in locations where weather conditions and surrounding terrain can have an 

impact on the reliability of air service. Several airports that Executive Jet serves, have limited 

scheduled air service. Executive Jet’s aircraft do not necessarily make it to a base at any 

regular interval to routinely have their flight management system (FMS) database updated. 

An FMS database must be updated every 28 days. Once an update is published by the 

manufacturer, it typically allows only a few days to update the database before that previous 

database expires. Without the requested regulatory relief, when an FMS database expires, 

Executive Jet can continue to operate the aircraft under the authority of an FAA approved 
2 

minimum equipment list. However, the aircraft must have the current database information to 

utilize area navigation (RNAV) based enroute and approach capabilities. Due to the 

limitation of operating with an expired database, Executive Jet would eventually have to 

reposition the aircraft (flown empty) to a maintenance facility or transport a mechanic to the 

aircraft. During this time when an FMS database is expired, Executive Jet may not be able to 

access certain airports that already have limited air service because the navigational database 

is no longer current. 

The FAA determined that additional relief is also required from §§ 91.1443(b)(3) and 

135.443(b)(3) only as it applies to the logbook entry. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Executive Jet. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption Nos. 10286 and 10286A (copies 

enclosed), the FAA found the flight management computer (FMC) technology has evolved 

sufficiently to support the granting of the applicant’s request for exemption based on an 

equivalent level of safety being attained by pilots loading navigational software databases as 

currently exists with certificated mechanics performing 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 FMC. 

The FAA subsequently amended Exemption No. 10286 to include relief from 

§§ 91.1443(b)(3) and 135.443(b)(3) as they apply to the requirement that the maintenance log 

be signed by a certificated mechanic or repairman. We added a condition to address the 

preventive maintenance task associated with pilots loading of navigational databases as 

referenced in Appendix A to part 43. The 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 the upload -- similar to 

requirements for certificated mechanics performing uploads. The Executive Jet exemption 

includes this same relief from §§ 91.1443(b)(3) and 135.443(b)(3) and an associated 

condition as it applies to requirements for the logbook entry. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption Nos. 10286 and 10286A; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 10286 

and 10286A apply to the situation you present; and 
3 

 for the reasons stated in Grant of Exemption Nos. 10286 and 10286A, a grant of 

exemption is in the public interest. 

Executive Jet also requested the relief be extended to operations outside the United States. 

We have reviewed the corresponding International Civil Aviation Organization Standards and 

recommended practices and have identified no differences with the regulation from which we 

grant this exemption. However, a foreign country still may not allow you to operate in that 

country under this exemption if it so chooses. 

Our Decision: 

Under the authority contained in 49 U.S.C. §§ 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Executive Jet Management, Inc., an 

exemption from 14 CFR §§ 43.3(g), 91.1443(b)(3) and 135.443(b)(3) to the extent necessary 

to allow its properly trained pilots (under an approved training program) to accomplish 

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 he or she has received training. 

3. The software being uploaded cannot 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. 

4. Executive Jet 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. 

7. Executive Jet may operate outside the U.S. under this exemption unless otherwise 

prohibited by a foreign country. 
4 

This exemption terminates on February 28, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Acting Director, Flight Standards 

 Service 

Enclosures