J ET SOLUTIONS, L.L.C.

3400 WATERVIEW PARKWAY

SUITE 102

RICHARDSON, TEXAS 75080

214.570.4108 VOICE

214.570.4122 FAX

Jet Solutions, LLC

3400 Waterview PKWY Suite 102
Richardson, TX 75080

May 18, 2012

US Department of Transportation 1200 New Jersey Ave. SE West Building Ground Floor, Room W12-140 Washington, DC 20590

Submitted via: www.regulations.gov

Dear Sir or Madam,

Jet Solutions LLC Air Carrier Certificate Number J7SA150H is requesting exemption from the requirements of 14 CFR 43.3(g) and 135.443 (b) (3) to allow it’s properly trained pilots (under an approved training program) to accomplish updates of navigational software databases of installed flight management systems and properly record the update. This applies to all aircraft used in operations under 14 CFR 135. The primary contacts in this matter are:

Fred Turner Christopher Page Director of Operations Director of Maintenance fturner@jetsolutions.com capage@jetsolutions.com (214) 570-4101 (214) 570-4108

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. In addition, this petition is based upon the grant of exemption detailed in Regulatory Docket No FAA-2010-1018 and

its own merits.

1 of 6SCOPE

This petition request applies to all Jet Solutions, LLC 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 updates of ATC navigational software databases in accord ance with accepted procedures, on their assigned Jet Solutions, LLC aircraft used in operations under 14 CFR 135.

SPECIFIC RELIEF REQUESTED

Jet solutions, LLC seeks an exemption to 14 CFR 43.3(g) and 135.443 (b) (3) to allow Jet Solutions, LLC pilots to update ATC navigational software databases of its aircraft, and properly record its completion for those Jet Solutions, LLC aircraft that are used in operations under 14 CFR 135.

Jet Solutions, LLC also requests to use the exemption outside of the United States. Annually, Jet Solutions, LLC operates a considerable amount of flights outside the United States. In many cases the aircraft are outside the United States for an extended period. The public benefit and equivalent level of safety addressed below supporting this exemption request have equal applicability to Jet Solutions, LLC’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.” 14 CFR 135.443 (b) (3) states, in pertinent part, that “ Be signed by an authorized certificated mechanic or repairman, except that a certificated repairman may sign the release or entry only for the work for which that person is employed and for which that person is certificated.”

In 14 CFR 43.3(a) reference is made to Appendix A to Part 43 as containing the items that are considered to be preventative 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 rules prevent a pilot who operates an aircraft used under 14 CFR 135 from accomplishing navigational database updates and requires those updates to be accomplished by authorized maintenance personnel and subsequently have a log book entry signed by a authorized certificated mechanic or repairman.

2 of 6PUBLIC BENEFIT

Jet Solutions, LLC is a 14 CFR 135 Air Carrier certified in accordance with 14 CFR 119. Jet Solutions, LLC operates 78 business jet aircraft serving more than 1000

customers.

Most of the airports to which Jet Solutions, LLC’s customers fly have limited or no scheduled air service. Each year access to 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 SID’s (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 installed 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, predict ability, and operational efficiency of the National Airspace System (NAS), and reduces environmental impacts of aviation 1

. 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 or air traffic controllers

Jet Solutions, LLC’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 the ATC navigational database be

“current”.

RNAV allows Jet Solutions, LLC 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 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 (i.e. those requiring a current navigational database)

are not used.

3 of 6The interest of Jet Solutions, LLC 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 maintenance locations or transporting 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 cost accruing from use of alternative airports or routes that do not require a current navigational database are ultimately borne by Jet Solutions, LLC customers; having to use alternative airports or routes in this circumstance is a major economic burden to Jet Solutions, LLC customers and the public.

EQUIVALENT LEVEL OF SAFETY It is Jet Solutions, LLC’s position that by allowing its trained and authorized pilots to update the FMS navigational databases, and properly record the update in the aircraft records for aircraft which they have received training, provides an equivalent level of safety equal to, if not greater than having the FMS updates solely completed by an authorized mechanic.

Jet Solutions, LLC pilots have been trained in the use of each FMS to which aircraft they are assigned. They are experts on their FMS in all normal and abnormal procedures. Additional points of equivalent level of safety:

 The FMS database update process is simple and is usually performed by inserting a USB memory stick into a FMS USB port and selecting update on the FMS screen.

 In Jet Solutions, LLC aircraft where USB update isn’t available, a floppy disk drive is utilized with the same ease and procedures as the USB update system.

 No tools or disassembly is required for FMS systems installed on Jet
Solutions, LLC aircraft.

 If during the update an anomaly is encountered, Jet Solutions, LLC pilots are trained to follow FAA approved MEL deferral procedures.

 Each FMS update has detailed instructions which are located in the aircraft manual system to update the FMS database.

Procedures and/or Restrictio ns for FMS Database Updates

 All Jet Solutions, LLC pilots will be trained on updating their particular

FMS database.

 This training will be aircraft and FMS specific and will not carry over to other aircraft or FMS systems without specific training.

4 of 6 Only after the training is completed and documented will the pilot be authorized to perform the update.

 Pilots will only be authorized to update the FMS database, not the system operating software. The director of maintenance is responsible to ensure the software being uploaded does not contain operating system software.

 Once the FMS database is successfully updated, the pilot will complete a maintenance log entry.

o The maintenance log entry will include the name of the person performing the upload, the date of the upload, the database revision number, if applicable, and the aircraft location at the time of the upload.

 The update will be tracked by Jet Solutions, LLC maintenance control located at our company headquarters in Richardson, Texas

 Written procedures will be in place detailing the process to follow for the FMS database updates including performance and evaluation of successful completion and properly documenting the update.

FEDERAL REIGISTER SUMMARY AND PUBLICATION Jet Solutions, LLC, Air Carrier Certificate number J7SA150H, is requesting exemption from the requirements of 14 CFR 43.3 (g) and 135.443 (b) (3)to allow its properly trained pilots (under an approved training program) to accomplish updates of its aircrafts’ flight management systems (FMS) navigational software databases, and properly document its completion. This applies to all aircraft used in operations under 14 CFR 135. Jet Solutions, LLC also requests to utilize the exemption outside the United States.

It is the position of Jet Solutions, LLC, that allowing it’s trained and authorized pilots to update the FMS navigational databases, and properly record its completion in the aircraft type in which they have received the training, provides an equivalent level of safety, if not greater than having the FMS updates solely completed by an authorized mechanic. This exemption will benefit the public as a whole by increasing safety since Jet Solutions, LLC will be able to take advantage of the full spectrum of advanced navigation features in the national airspace system without needlessly increasing costs, which ultimately would have to be borne by the traveling public that utilizes

our services.

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