### Docket Management Facility US Department ofTransportation 1200 New Jersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 Petition of: Key Air, LLC Regulatory Docket No. FAA-2011-0763

for an exemption from Article 43.3 (g) as it specifically relates to FAR43, Appendix A(c), item (32) ofthe Federal Aviation Regulations. PETITION FOR EXEMPTION In accordance with the provisions ofFAR 11.25, Key Air, LLC (Key Air) herebypetitions the Administrator for an exemption from Article 43.3 (g) to allow Key Air pilots to update self-contained, front instrument panel mounted air traffic control navigational software data bases on Key Air 135 aircraft. This request is limited and specific to preventive maintenance item (32) ofArticle 43 Appendix A (c) ofthe Federal Aviation Regulations.
Article ofthe FAR affected: Article 43.3 (g) provides, in pertinent part, Except for holders ofa sport pilot certificate, the holder ofa pilot certificate issued under part 61 mayperfonn preventive maintenance on any aircraft owned or operated by that pilot which is not used underpart 121, 129, or 135 ofthis chapter. Theholder ofa sport pilot certificate mayperfonn preventive maintenance on an aircraft owned or operated by that pilot and issued a special airworthiness certificate in the light-sport category. Exemption request: Key Air proposes to allow companypilots to update self-contained, front instrument panel-mounted Air Traffic Control (ATC) navigational software data bases (excluding those ofautomatic flight control systems, transponders, and microwave frequency distance measuring equipment (DME)) provided no disassembly ofthe unit is required and pertinent instructions are provided. Prior to the unit's intended use, an operational check must be 

### perfonned in accordance with applicable sections ofpart 91 ofthis chapter. This petition applies to all aircraft Key Air has listed on the certificate's D085 Aircraft listing Operational Specification. In support ofthis proposal, Key Air respectfully submits the following comments: 1. Key Air's principal base ofoperations is located at 3 Juliano Drive, Suite 201, Oxford, Cf 

### 06478. Key Air holds Air Carrier Operating Certificate Number KKYA467B issued on December 4, 1989 and re-issued on April 13, 2007 and conducts air taxi and on demand charter operations under FAR 135. 2. The demands ofthe charter (air taxi) service operated by Key Air include operations to locations and for extended periods of times. The effect ofthis revision would be to ensure that pilots using specified navigation equipment have the most current and accurate navigational data and thereby increase aviation safety. 3. All Key Air crewmembers are trained and evaluated in accordance with manufacturer's equipment hardware and software instructions by the Key Air training department in the process ofdata base uploads. 4. Key Air pilots are capable ofconducting database uploads in FAR 91 aircraft. 5. The instances ofaircraft flying with expired databases will decrease significantly ifpilots are allowed to updatethedatabase in the equipment they fly. The cost and trouble ofcalling in a mechanic every 28 days to update a navigation database, for example, are definite disincentives to having the latest database. Page 1 of 4Key Air, LLC's Petition for Exemption Page 2 of2 6. Key Air has instituted an effective Safety Management System used to identify andmitigate any and all risk in potentially unsafe operational conditions. Said Safety Management System has been officially recognized by the following industryand governmental sources: l) Air Charter SafetyFoundation (ACSF); and 2) IS-BAO. 7. KeyAir believes that this exemption would permit us to respond to a growing demand for chartered air transportation at remote US domestic and foreign locations and for extended periods oftime and would permit Key Air aircraft to be available to the general public which would not otherwise be available. Tonot allow KeyAir pilots the authority to update navigation data bases would impose an unreasonable burden to general public. Ifgranted, this exemption would be in the public interest while still maintaining thehighest level ofsafety. Key Air, 

### Public benefit Key Air, LLC is a Part 135 Air Carrier certificated in accordance with 14 CFR 119. Key Air operates 20 businessjet aircraft serving more than l000 customers. In order toprovide for its customer's travel needs, KeyAir flies to more than a 600 airports annually in the US and abroad. KeyAir's flight operations significantly benefit the US economy and the public. In 2011 Key Air, LLC-

• Flew nearly4000 flights in the US and more than 58 countries. • Flew over 3.3 million statue miles • Paid more than $664 thousand dollars into the FAA system through FET, segment fees, fuel taxes and other assessments. • Purchased more than 3.1 million gallons of jet fuel. • Spent more than $569 thousand dollars on catering for its customers and flight crews. • Spent more than $2.3 million dollars for international navigation fees and permits. Most ofthe airports to which Key Aircustomers fly, have limited or no scheduled air service. Access to these airports is becoming more and more dependent on use ofFMS only derived navigation procedures. The same is also true for a number ofmajor metropolitan airports where Standard Instrument Departures procedures (SID's) and Standard Terminal Arrival procedures (STARS) are the only "published" procedures normally available to aircraft. In addition, RNAV-based airways (US "Q" and "T" routes) have been instituted in key areas ofUS airspace. The number ofairports solely served by RNAV procedures is increasing and will continue to do so for the foreseeable future. Advanced RNAV capabilityprovided by our aircraft's flight management systems data base (FMS) will be a key enabler in the FAA's Next Generation Air Transportation System (NextGen). The FAA has promoted RNAVas serving the general public interest because RNAV benefits the safety, access, capacity, predictability, and operational efficiency ofthe National Airspace System (NAS), and reduces environmental impacts ofaviation. Specifically, RNAV procedures provide: Reduced risk ofcontrolled flight into terrain (CFIT). • Improved airport and airspace access in all weather conditions, • 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 ofairtraffic controllers.



### Page 2 of4All Key Air aircraft are appropriately equipped and authorized by the FAA (by operational specification) touse FMS derived RNAV routes and procedures
. Terminal RNAV procedure authorizations as well as some RNAV route authorizations require the FMS navigational database becurrent todate; typically on a 28 day subscription cycle. RNAV allows Key Air to serve airports and routes that better satisfy its customer'sneeds
. During the course ofoperating aircraft on flights over extended period oftime, aircraft do require FMS navigation database updating from a location wheretrained and authorized maintenance personnel would notnormally be available
. When the navigational database has expired, operation ofthe aircraft is pennitted bythe FAA approved Minimum Equipment List (MEL), but only when RNAV routes and procedures (Le
. those requiring a current navigational database) are not used. The interests ofKey Air's customers and the general public are not served ifan airport cannot be accessed or flight routes cannot be used because the navigational database is no longer current. This situation would result in • Unnecessary positioning flights to appropriate maintenance locations or transporting trained maintenancepersonnel to an aircraft solely for the purpose ofupdating an expired navigational database are in direct conflict with public benefits ofusing 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 ofalternative airports or routes that do not require a current navigational database are ultimately borne by KEY AIR's customers; having to use alternative airports or routes in this circumstance is a major economic burden to KEY AIR's customers and thepublic. KeyAir believes that granting this exemption will significantlyreduce the number oftimes a Key Air aircraft is operated with an expired navigational database, and will benefit Key Air's customers and the general public
. 

### EQUfVALENTSAFETY Technological advances in flight management systems have led to simple, user-friendlyprocedures for updating navigational databases
. In no case does the navigational database updating procedure prescribed for any ofKey Air's aircraft require parts removal, disassembly ofa panel mounted unit, oruse ofany special tools. Rather, familiarization with the use ofthe internet, websites, download procedures, and various data storage devises (such as memory sticks and compact disks CD's) along with the manufacturer's procedures for data base uploads, is all that is required to update today's modem navigation data bases. When the current rule (defining database updates as 'preventive maintenance') was issued in May, 1996, updating ofnavigational databases often required removal ofthe navigation unit from the instrument panel and, in some cases, disassembly oftheunit itself. The rule intended toadapt federal regulations to the stateofmodem technology in use atthat time
. Instead, all flight management systems on Key Air's aircraft have simple data loaders that obtain navigational database updates via commonlyused digital media
. Theprocedures for accomplishing the navigational database update arecontainedwithin thePilot Operating Handbook (PO H) for the installed flight management system. When properly trained, Key Air believes thatpilots can accomplish updates ofnavigational software databases in their assigned aircraft and that an equivalent level ofsafetycan be achieved as iftheupdate was accomplished by trained maintenance technicians. Key Air would like the FAA to consider the following:
• Key Air pilots use the flight management system in their assigned aircraft on a daily basis and are thoroughly trained in all aspects ofits normal operation and non-normal operating characteristics, to include the installed navigational software database
. • Updating the navigational database is scripted process and does not require any special tools or removal or disassembly ofany components. • There are no known instances ofan incident or accident attributable to pilot updating ofa navigational software database
. • Key Air pilots will be specificallytrained in all aspects ofthe updating procedure, including non normal indications, anyrequired operational check, and the requirement to contact the Key Air, Flight Operations and Key Air maintenance office ifany abnormalities areencountered while accomplishing theupdate
. • After successfullycompleting the update, the pilot who performed the navigational database updateprocedure will be required to document the task in the maintenance control log and contact the Key Air maintenance department to report completion ofthe update. 

### Page 3 of4• Key Airmaintenance coordination will confirm with the pilot the update was accomplished in accordance with the prescribed procedure and that the FMS navigation database was properly installed. • The required maintenancerecord entryfor theupdate will be signed bythe pilot performing the upload, and include the date ofthe upload, the database revision number uploaded and the aircraft location at the time ofupload
.


### Good cause for waiving publication and 120-day filing requirements exists because: Key Air respectfully requests a waiver ofthe 120-day filing requirements and thepublishing ofa summary ofthe Petition in the Federal Register. The delay in the granting ofthis exemption request will result in additional delay for reliefthat has alreadybeen granted to Part 119 certificate holders operating under Part 121 (by rule) and Part 135 (by exemption)
. Accordingly, there is good cause to dispense with these notice-and-comment requirements. 

### Summary and formal request as follows: Pursuant to FAR 11.25 and for the reasons set forth above, Key Air respectfully requests that the Administrator, on an expedited basis and without publication in the Federal Register, grant Key Air an exemption from Article 43
.3 (g) ofthe Federal Aviation Regulations
.The exemption is necessarytoallow Key Air pilots the authority toupdatenavigational data bases (preventive maintenance) on aircraft operated by Key Air under FAR 135.
Respectfully submitted,

Key Air, KKYA467B

Date: May 08, 2012

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