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 FAR 43, Appendix A( c), item (32) of the Federal Aviation 

Regulations. 

PETITION FOR EXEMPTION 

In accordance with the provisions of FAR 11.25, Key Air, LLC (Key Air) hereby petitions 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) of Article 43 

Appendix A (c) ofthe Federal Aviation Regulations. 

Article of the FAR affected: 

Article 43.3 (g) provides, in pertinent part, 

Except for holders of a sport pilot certificate, the holder of a pilot certificate issued under part 61 may perfonn 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 perfonn 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 company pilots to update 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 perfonned in accordance with applicable sections of part 91 of this chapter. 

This petition applies to all aircraft Key Air has listed on the certificate's D085 Aircraft listing Operational Specification. 

In support of this proposal, Key Air respectfully submits the following comments: 

1. Key Air's principal base of operations is located at 3 Juliano Drive, Suite 201, Oxford, Cf 06478. Key Air holds Air Carrier 

Operating Certificate Number KKY A467B 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 of the charter (air taxi) service operated by Key Air include operations to locations and for extended periods of 

times. The effect of this 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 of data base uploads. 

4. Key Air pilots are capable of conducting database uploads in FAR 91 aircraft. 

5. The instances of aircraft flying with expired databases will decrease significantly if pilots are allowed to update the database 

in the equipment they fly. The cost and trouble of calling in a mechanic every 28 days to update a navigation database, for 

example, are definite disincentives to having the latest database. 

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Key Air, LLC's Petition for Exemption Page 2 of2 

6. Key Air has instituted an effective Safety Management System used to identify and mitigate any and all risk in potentially 

unsafe operational conditions. Said Safety Management System has been officially recognized by the following industry and 

governmental sources: 

l) Air Charter Safety Foundation (ACSF); and 

2) IS-BAO. 

7. Key Air 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 of time and would permit Key Air aircraft to be available 

to the general public which would not otherwise be available. To not allow Key Air pilots the authority to update navigation 

data bases would impose an unreasonable burden to general public. If granted, this exemption would be in the public interest 

while still maintaining the highest level of safety. Key Air, 

Public benefit 

Key Air, LLC is a Part 135 Air Carrier certificated in accordance with 14 CFR 119. Key Air operates 20 business jet aircraft serving 

more than l 000 customers. 

In order to provide for its customer's travel needs, Key Air flies to more than a 600 airports annually in the 

US and abroad. Key Air's flight operations significantly benefit the US economy and the public. 

In 2011 Key Air, LLC-

• Flew nearly 4000 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 of the airports to which Key Air customers 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 of major 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, RNA V-based airways (US "Q" and "T" routes) have been instituted in key areas of US airspace. The number of airports 

solely served by RNA V procedures is increasing and will continue to do so for the foreseeable future. 

Advanced RNA V capability provided 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 RNA Vas serving the general public interest because RNAV benefits the safety, access, capacity, 

predictability, and operational efficiency of the National Airspace System (NAS), and reduces environmental impacts of aviation. 

Specifically, RNA V procedures provide: 

Reduced risk of controlled 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 of air traffic controllers. 

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All Key Air aircraft are appropriately equipped and authorized by the FAA (by operational specification) to use FMS derived RNAV 

routes and procedures. Terminal RNAV procedure authorizations as well as some RNAV route authorizations require the FMS 

navigational database be current to date; typically on a 28 day subscription cycle. 

RNA V allows Key Air to serve airports and routes that better satisfy its customer's needs. During the course of operating aircraft on 

flights over extended period of time, aircraft do require FMS navigation database updating from a location where trained and 

authorized maintenance personnel would not normally be available. 

When the navigational database has expired, operation of the aircraft is pennitted by the FAA approved Minimum Equipment List 

(MEL), but only when RNA V routes and procedures (Le. those requiring a current navigational database) are not used. 

The interests of Key Air's 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. This situation would result in 

• Unnecessary positioning flights to appropriate maintenance locations or transporting trained maintenance personnel to an 

aircraft solely for the purpose ofupdating an expired navigational database are in direct conflict with public benefits of using 

RNA V 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 of alternative 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 the public. 

Key Air believes that granting this exemption will significantly reduce the number of times 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-friendly procedures for updating navigational 

databases. In no case does the navigational database updating procedure prescribed for any of Key Air's aircraft require parts 

removal, disassembly of a panel mounted unit, or use of any special tools. Rather, familiarization with the use of the 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 of navigational 

databases often required removal of the navigation unit from the instrument panel and, in some cases, disassembly ofthe unit itself. 

The rule intended to adapt federal regulations to the state of modem technology in use at that time. Instead, all flight management 

systems on Key Air's aircraft have simple data loaders that obtain navigational database updates via commonly used digital media. 

The procedures for accomplishing the navigational database update are contained within the Pilot Operating Handbook (PO H) for the 

installed flight management system. When properly trained, Key Air believes that pilots can accomplish updates of navigational 

software databases in their assigned aircraft and that an equivalent level of safety can be achieved as if the update 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 of its 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 

of any components. 

• There are no known instances of an incident or accident attributable to pilot updating of a navigational software 

database. 

• Key Air pilots will be specifically trained in all aspects of the updating procedure, including non normal 

indications, any required operational check, and the requirement to contact the Key Air, Flight Operations and Key Air 

maintenance office if any abnormalities are encountered while accomplishing the update. 

• After successfully completing the update, the pilot who performed the navigational database update procedure will be 

required to document the task in the maintenance control log and contact the Key Air maintenance department to report 

completion ofthe update. 

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• Key Air maintenance 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 maintenance record entry for the update will be signed by the pilot performing 

the upload, and include the date of the upload, the database revision number uploaded and 

the aircraft location at the time of upload. 

Good cause for waiving publication and 120-day filing requirements exists because: 

Key Air respectfully requests a waiver of the 120-day filing requirements and the publishing of a summary of the Petition in the 

Federal Register. The delay in the granting of this exemption request will result in additional delay for relief that has already been 

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) of the Federal Aviation 

Regulations. The exemption is necessary to allow Key Air pilots the authority to update navigational 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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