AFS-11-385-E 

February 17, 2012 

 Exemption No. 10455 

 Regulatory Docket No. FAA-2011-0751 

Mr. Joseph D. Cimperman 

Director of Operations 

Flight Options, LLC 

26180 Curtiss Wright Parkway 

Cleveland, OH 44143 

Dear Mr. Cimperman: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated July 11, 2011, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Flight Options, LLC (Flight Options), for an exemption from § 43.3(g) of Title 14, 

Code of Federal Regulations (14 CFR). This exemption, if granted, would allow Flight 

Options’ properly trained pilots (under an approved training program) to accomplish updates 

of navigational software databases of installed flight management systems (FMS). Flight 

Options requested the exemption be extended to operations outside the United States. 

Flight Options routinely flies to more than 1,000 airports in the United States, the vast 

majority of which have limited or no scheduled air service. Flight Options’ aircraft do not 

necessarily make it to a base at any regular interval to routinely have their FMS database 

updated. An FMS database must be updated every 28 days. Once an update is published by 

the manufacturer, it typically allows only a few days to update the database before that 

previous database expires. Without the requested regulatory relief, when an FMS database 

expires, Flight Options can continue to operate the aircraft under the authority of an FAA 

approved minimum equipment list. However, the aircraft must have the current database 

information to utilize area navigation (RNAV) based enroute and approach capabilities. Due 

to the limitation of operating with an expired database, Flight Options would eventually have 
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to reposition the aircraft (flown empty) to a maintenance facility or transport a mechanic to 

the aircraft. During this time when an FMS database is expired, Flight Options may not be 

able to access certain airports that already have limited air service because the navigational 

database is no longer current. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register. The requested exemption would not set a precedent, and any delay in 

acting on this petition would be detrimental to Flight Options. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption Nos. 10286 and 10286A (copies 

enclosed), the FAA found that flight management computer (FMC) technology has evolved 

sufficiently to support the granting of the applicant’s request for exemption based on an 

equivalent level of safety being attained by pilots loading navigational software databases as 

currently exists with certificated mechanics performing uploads. Database loading of front 

panel and pedestal mounted FMCs does not require special tools, special access, or removal 

of the FMC. Further, FMCs perform an internal check and confirm proper loading of 

navigational databases in most cases. Properly trained pilots can load the software databases 

and confirm the upload was successful. Should the upload attempt be unsuccessful, minimum 

equipment list procedures already exist to safely operate the aircraft with an inoperative FMC. 

The FAA subsequently amended Exemption No. 10286 to include relief from 

§§ 91.1443(b)(3) and 135.443(b)(3) as they apply to the requirement that the maintenance log 

be signed by a certificated mechanic or repairman. We added a condition to address the 

preventive maintenance task associated with pilots loading of navigational databases as 

referenced in Appendix A to part 43. The task must include the maintenance log entries, 

including the name of the person performing the upload, the date of the upload, the database 

revision number uploaded, and the aircraft location at the time of the upload -- similar to 

requirements for certificated mechanics performing uploads. The Flight Options exemption 

includes this same relief from §§ 91.1443(b)(3) and 135.443(b)(3) and an associated 

condition as it applies to requirements for the logbook entry. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption Nos. 10286 and 10286A; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 10286 

and 10286A also apply to the situation you present; and 

 for the reasons stated in grant of Exemption Nos. 10286 and 10286A, a grant of 

exemption is in the public interest. 

We have reviewed the corresponding International Civil Aviation Organization Standards and 

Recommended Practices and have identified no differences with the regulation from which 
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we grant this exemption. However, a foreign country still may not allow you to operate in 

that country under this exemption if it so chooses. 

Our Decision 

Under the authority contained in 49 U.S.C. §§ 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Flight Options, LLC, an exemption from 

14 CFR §§ 43.3(g), 91.1443(b)(3) and 135.443(b)(3) to the extent necessary to allow its 

properly trained pilots (under an approved training program) to accomplish updates of 

navigational software databases of installed flight management systems, subject to the 

conditions and limitations listed below. 

Conditions and Limitations 

1. Pilots will be trained on all specific makes and models of the FMC to which they 

will be uploading navigational software databases. Training on one make and 

model will not enable the pilot to update databases in other makes and models. 

2. Upon successful completion of training, each pilot will be authorized, in writing, 

by the director of maintenance or authorized designee, to perform navigational 

software database uploads on systems for which he or she has received training. 

3. The software being uploaded cannot contain system operating software. The 

upload must include the navigational database only. The director of maintenance 

is responsible for ensuring the software being uploaded does not contain operating 

system software. 

4. Flight Options must have written procedures available to the pilot to perform the 

task and to evaluate the accomplishment of the task, including those tasks that 

require a decision concerning the airworthiness of the aircraft. 

5. Each completed task must include the maintenance log entries, including the name 

of the person performing the upload, the date of the upload, the database revision 

number uploaded, and the aircraft location at the time of upload. 

6. This grant of exemption from § 43.3(g) includes only the uploading of 

navigational software databases as listed in Appendix A to part 43, paragraph 

(c)(32), and does not extend to other preventive maintenance tasks identified in 

Appendix A to part 43. 
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7. Flight Options may operate outside the U.S. under this exemption, unless 

otherwise prohibited by a foreign country. 

This exemption terminates on February 28, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Acting Director, Flight Standards 

 Service 

Enclosures