I don't see, at first read-through, anything in Chs. 5 or 6 that would prevent a vendor from providing a means for FLS to be FL'd by an owner.
The key part is here:
The approved FLS may be installed on the aircraft via Service Bulletin, Engineering Change Request, or other FAA-approved means. The approved means vary, depending on the method for granting approval. Whether the FLS approval is through TC, ATC, STC, ASTC, TSO authorization, or some other approval process, the document used to install the FLS should be approved by the certification authority and should specify the following elements:
a. The aircraft and hardware applicability and inter-mixability allowances for redundant systems software loading.
b. Verification procedures to assure that the software was correctly loaded into an approved and compatible target computer and memory devices.
c. Any post-load verification and/or test procedures required to show compliance to the guidelines specified in this chapter.
d. Actions to be taken in the event of an unsuccessful load (for example, prohibit dispatch of the aircraft).
e. Approved loading procedure or reference to approved loading procedure.
f. Maintenance record entry procedures required to maintain configuration control.
g. Reference to Aircraft Flight Manual, Aircraft Flight Manual Supplement, or Operator?s Manual, as appropriate.
Now, I can see where there might be unreasonable additional costs if a vendor had to get a mod to their original TSO certification paperwork which would allow for owner-done field loads, but I don't see anything offhand which would prevent such from happening.
In fact, we have an example of such a thing with Dynon...their transponder is TSO'd, and yet (by virtue of the EFIS's firmware upgrade design and implementation), the transponder's firmware can be updated by the owner.
So it most certainly IS doable...unless I'm missing something here (but my facility with government documents is pretty good
).