Petition for Exemption – 14 CFR 43.3(g) Page 1 of 5 

Executive Jet Management, Inc. 

Executive Jet Management, Inc. is a Berkshire Hathaway company 

June 27, 2011

Docket Management Facility

US Department of Transportation

1200 New Jersey Avenue, SE

West Building Ground Floor

Room W12‐140

Washington, DC 20590

Dear Sir or Madam:

Executive Jet Management, Inc., Air Carrier Certificate Number CWQA061D, is requesting exemption

from the requirements of 14 CFR 43.3(g) to allow its properly trained pilots (under an approved training

program) to accomplish supervised updates of navigational software databases of installed flight

management systems.  This applies to all aircraft used in operations under 14 CFR part 135.  The primary

contacts in this matter are:

Chris Poliak, Director of Maintenance

Executive Jet Management, Inc.

4556 Airport Road

Cincinnati, OH  45226

513.979.6671

cpoliak@ejmjets.com  

Hal W. Raber, Director of Operations

Executive Jet Management, Inc.

4556 Airport Road

Cincinnati, OH  45226

513.979.6664

hraber@ejmjets.com

PETITION FOR EXEMPTION

This Petition for Exemption (“Petition”) is submitted in accordance with 14 CFR 11 and seeks permanent

relief from certain rules issued by the Federal Aviation Administration governing persons authorized to

perform preventive maintenance, in the form of updating Air Traffic Control (ATC) navigational software

databases, on an aircraft used in operations under 14 CFR 135.

SCOPE

This petition request applies to all Executive Jet Management, Inc. pilots who have completed

instruction covered under the approved training program and who are authorized by the Director of

Operations or his designee to accomplish supervised updates of ATC navigational software databases in

accordance with accepted procedures, on their assigned Executive Jet Management, Inc. aircraft used in

operations under 14 CFR 135.

Regulatory Docket Number: FAA-2011-__________ 
SPECIFIC RELIEF REQUESTED

Executive Jet Management, Inc. seeks an exemption to 14 CFR 43.3(g) to allow Executive Jet

Management, Inc. pilots to perform supervised preventive maintenance, in the form of updating ATe

navigational software databases of its aircraft that are used in operations under 14 CFR 135.

Executive Jet Management, Inc. also requests to use the exemption, if granted, outside of the United

States. Annually, Executive Jet Management flies over 3,900 international flights. Many of these flights

are to multiple international destinations requiring the aircraft to be out of the US for extended periods

of time. The public benefit and equivalent safety evidence supporting this exemption request have

equal applicability to Executive Jet Management's international flights.

14 CFR 43.3(g) states, in pertinent part, that "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} or135 ofthis chapter."

In 14 CFR 43.3{a) reference is made to Appendix A to part 43 as containing the items that are considered

to be preventive maintenance and thus subject to provisions in 14 CFR 43.3{g). Specifically, paragraph

(c){32) of Appendix A to Part 43 identifies "updating self-contained} ... ATC navigational software

databases" as a preventive maintenance item. In essence, the current rule prevents a pilot who

operates an aircraft used under part 135 from accomplishing navigational database updates and

requires those updates to be accomplished by authorized maintenance personnel.

PUBLIC BENEFIT

Executive Jet Management, Inc. (EJM) is a Part 135 Air Carrier certificated in accordance with 14 CFR

119. EJM operates nearly 180 businessjet aircraft serving more than 2100 customers.

• 50% of EJM's customers are private companies who use EJM aircraft to help grow their

businesses.

• 25% of EJM's customers are public companies who use EJM aircraft to supplement their

existing fleets, or as their primary business aviation tool.

• 25% of EJM's customers are private individuals who use EJM aircraft for their personal travel

needs.

In order to provide for its customer's travel needs EJM annually flies to more than a 1200 airports in the

US and abroad, and 800 in the US alone. EJM's flight operations significantly benefit the US economy

and the public. In 2010 EJM -

• Flew nearly 30,000 flights in the US and more than 114 countries.

• Paid more than $7.5 million into the FAA system through FET, segment fees, fuel taxes and

other assessments.

• Purchased more than 15.7 million gallons of jet fuel.

• Spent more than $1.25 million on catering for its customers and flight crews.

• Spent more than $3.3 million for hotel rooms. (2.6M US and 725, 000 International)

Petitionfor Exemption - 14 CFR -I3.3(f!)

Executive Jet Management, Inc.

Executive Jet Management, Inc.is a Berkshire Hathaway company

Page 2 0/5
Most of the airports to which EJM's customers fly have limited or no scheduled air service. Each year

access to more and more of these airports, especially during periods of low visibility, is becoming

entirely dependent on use of RNAV procedures. The same is also true for a number of major

metropolitan airports where RNAV SIDs (Standard Instrument Departures) are the only "published"

departure procedures normally available to any departing aircraft. In addition, RNAV-based airways (US

"Q" and "T" routes) have been instituted in key areas of US airspace. The number of airports solely

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

Advanced RNAV capability is also a key enabler in the FAA's Next Generation Air Transportation System

(NextGen).

The FAA has promoted RNAV as 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 avlatlon'. Specifically, RNAV procedures provide:

• Reduced risk of controlled flight into terrain (CFIT).

• Improved airport and airspace access in all weather conditions, and 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.

EJM's aircraft are appropriately equipped and authorized by the FAA to use RNAV routes and

procedures. All terminal RNAV procedure authorizations as well as some RNAV route authorizations

require that the ATC navigational database be "current".

RNAV allows EJM to serve airports and routes that better satisfy its customer's needs. However, these

needs can sometimes lead to an aircraft being away from a location where trained and authorized

maintenance personnel would normally be available to update the navigational software database when

the previous database expires. When the navigational database has "expired" operation of the aircraft

is permitted by the 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 of EJM'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.

• Unnecessary positioning flights to appropriate maintenance locations or transporting trained

maintenance personnel to an aircraft solely for the purpose of updating an expired navigational

database are in direct conflict with public benefits of using 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 of alternative airports or routes that do not require a

current navigational database are ultimately borne by EJM's customers; having to use

alternative airports or routes in this circumstance is a major economic burden to EJM's

customers and the public.

1 FAA "Roadmap for Performance Based Navigation", July 2006, page 7.

Petition for Exemption - /4 CFR -I3.3(g)

ExecutiveJet Management, Inc.

Executive Jet Management, Inc. is a Berkshire Hathaway company

Page 3 of5
EJM believes that granting this exemption will significantly reduce the number of times a EJM aircraft is

operated with an expired navigational database, and will benefit EJM's customers and the general

public.

EQUIVALENT SAFETY

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 of the unit itself. The rule intended to adapt federal

regulations to the state of modern technology in use at that time.

In the ensuing fourteen years 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 EJM's aircraft require parts removal, disassembly of a panelmounted unit, or use of any special tools. Instead, all flight management systems of EJM's aircraft have

simple data loaders that obtain navigational database updates via commonly used digital media (such as

a USB drive or a set of floppy disks). The procedures for accomplishing the navigational database update

are contained within the Pilot Operating Handbook (POH) for the installed flight management system.

EJM believes that allowing its trained and supervised pilots to accomplish updates of navigational

software databases in their assigned aircraft, provides an equivalent level of safety to that achieved by

having authorized maintenance personnel accomplish the update.

• EJM'spilots 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 simple and does not require any special tools or removal

/ disassembly of any components.

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

navigational software database.

• EJM's pilots will be specifically trained in all aspects of the updating procedure, including nonnormal indications, any required operational check, and the requirement to contact the

Executive Jet Management, Fleet Management Office if any abnormalities are encountered

while accomplishing the update.

• After successfully completing the update the pilot who performed the navigatlonal database

update procedure will be required to document the completion in the maintenance logbook

and contact the Fleet Management Office to report completion of the update.

• The Fleet Management Office Coordinators are trained and certificated maintenance

technicians that provide oversight the work accomplished by the pilot. The Fleet Management

Office Coordinator contacted by the pilot will be required to review and confirm with the pilot

that the update was accomplished in accordance with the prescribed procedure.

• 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 (consistent with NetJets exemption number 10286).

The form containing the maintenance record entry will be transmitted by the Fleet

Management Office Coordinator who will return the aircraft to service in accordance with

EJM's approved Maintenance Procedures.

Petitionfor Exemption- 14 ClR -I3.3(gJ

ExecutiveJet Management, Inc.

Executive Jet Management, Inc. is a Berkshire Hathaway company

Page -I ofS
FEDERAL REGISTERSUMMARY AND PUBLICATION

Executive Jet Management, Inc. seeks an exemption to 14 CFR 43.3(g) to allow its pilots that are

properly trained and qualified under an approved trai ning program , to perfo rm supervised preventive

maintenance, in the form of updating ATC navigational software databases on its aircraft used in

operations under 14 CFR 135. Granting of th e requested exemption will benefit th e publ ic because pilot

updating of navigational databases will significantly reduce the number of times a Executive Jet

Management aircraft is operated with an expired navigational database and to support FAA's NextGen

efforts. In seeking th is exemption Executive Jet Management, Inc. asserts that an equivalent level of

safety, as provided by the curre nt rule, is achieved and maintained by use of its properly trained and

directed pilots and approved mainte nance procedures.

Executive Jet Management, Inc. requests a waiver of th e 120-day filing requirements and the publishing

of a summary of the Petition in t he Federal Register. Any delay in granting of this exempti on request

wi ll needlessly encumber FAA resources and result in additional delay for relief.

Please contact either of the below if further information is needed to process this request.

Respectfully,

Chris Poliak, Director of Maintenance

Executive Jet Management, Inc.

Petutonfor Exemptton - u ClR -I3.3(g)

Executive Jc: Management, Inc.

Executive Jet Management. Inc. is a Berkshire Hathaway company

I! /(/ If // ltV Wi 1\a1AA/ L- !

Hal W. Raber, Director of Operations

Executive Jet Management, Inc.