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} 

### or 135 

### of this 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 business jet 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 0/5Most 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) Executive Jet Management, Inc.
Executive Jet Management, Inc. is a Berkshire Hathaway company Page 3 of5EJM 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's 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 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 Cl R -I3.3(gJ ExecutiveJet Management, Inc.

Executive Jet Management, Inc. is a Berkshire Hathaway company Page -I ofSFEDERAL REGISTER SUMMARY AND PUB LICATION

Executive Jet Management, I nc

. seeks an e xemption to 1 4 CFR 4 3

. 3(g) to allow its p ilots that are properly trained and qua l if ied u nder an approved trai ning program , to perfo rm s upervised preventive maintenance, in the form of updating AT C naviga tional so ftwa r e da tabases on its a ircraft used in operations under 14 CFR 135

. G ranting of th e re quested e xemption will benefit th e publ ic because pilot updating of nav igational databases w ill s ignif icantly reduce the number of times a Ex ecutive Jet Management a ircraft is operated with an exp ired navigational databa se and to support FAA's NextGen efforts

. I n s eeking th is exemption Execut ive J et Man agement
, Inc. asserts that an equ ivalent l evel of safety, as p rovided by t he curre nt rul e, is ach ieved and maintained by use of i ts prope rly trained and directed pilot s a nd a pproved ma inte nance procedure s.

Executive J et Management, I nc. req uests a wa iver of th e 120 -day filing r equ i rements and the p ublishing of a summary of the Pet ition i n t he Federal Regi ster

. Any delay in granting of this exempti on request wi l l needless ly encumber FAA resources and r esult in additional delay for relief

.

Please contact either of the below if further i n f ormatio n i s n eeded to process this r equest

.
Respectfully
,

Chr is Poliak
, Director of Ma intenanc e Execut ive Jet Management, I nc.

Petutonfor Exemptton

- u ClR -I3.3(g) Executive Jc: Management, I nc.

E xecutive J et M anagement. I n c. i s a Berks hire H a th away co mpany

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### ! H al W. Raber, Direc tor of Operations Exe cutiv e Jet Management, Inc.