Petition for Limited Time Exemption from §121.35 9(k) and §91.609(j) – Recording of Datalink Messages Page 1 of 4 August 23, 2013 Subject : Petition for Limited Time Ex emption from 14CFR121.359(k) – Recording of Datalink Messages

August 23, 2013

Contact Information

Daniel C. Smith Principal Engineer Hawaiian Airlines, Inc. (Hawaiian)

P.O. Box 30008

Honolulu HI 96820 Phone: (808) 835-3463 Mobile: (808) 220-3797

Email: dan.smith@hawaiianair.com

The specific sections of 14 CFR for which we seek relief:

Hawaiian Airlines seeks relief from § 121. 359(k) - recording of datalink messages and § 91.609(j) – recording of data link messages

The extent of the relief we seek and the reason we seek relief:

Extent of the relief sought Relief from the data link recording requi rements specified by § 121.359(k) and § 91.609(j) is sought until the ear lier of July 31, 2015 or retirement from Hawaiian Airlines for the following Boeing 767-332 airplanes:

Serial Number N-Registration

23275 N594HA

23278 N598HA

Reason We Seek Relief The key reason that we seek relief is to allow the aircraft to participate in evaluation of Safety Services (FAN S 1/A) over the Swift Broadband (SBB) satellite communications medium (FOS) by installation and use of satcom datalink equipment.Petition for Limited Time Exemption from §121.35 9(k) and §91.609(j) – Recording of Datalink Messages Page 2 of 4 August 23, 2013 Because the airplanes will be retired in le ss than two years, the cost of meeting the datalink recording requirement will prec lude participation in the evaluations of Safety Services over Swift Broadband, a prot ected, prioritized ve rsion of Internet Protocols (IP).

The airplanes and Hawaiian Airlines are uniquely positioned to participate in FOS

evaluations for several reasons. 1. The airplanes had FANS FMS’s and f eatures install by Boeing Service Bulletins in 2006 and 2007. They ar e datalink equipped and experienced. However, they do not have a SATCOM communication medium. 2. The aircraft actively participated in the successful evaluation of FANS over HF (FOH) datalink. 3. All of Hawaiian’s B767 flight crew s are very experienced users of CPDLC and ADS-C as they regularly fly FA NS-equipped airplanes using FANS over Iridium (FOI) with FOH backup. They fly FANS over routes from Hawaii to the U.S. Mainland, to Australia and to Asia. 4. Hawaiian’s senior pilots and m anagement actively contributed to the

evaluations of both FANS over HF and FANS over Iridium. 5. The airplanes fly in the Oakland FI R (KZAK) which is very experienced

with FANS evaluations and the routes are not excessively crowded. 6. The heavy maintenance checks of the airplanes in the August to October 2013 period provides an early opportunity for SBB installation or partial provisions. 7. The SBB system provides the potentia l for testing electronic flight bag applications using the standard IP priority.

The reasons why granting the exemption would be in the public interest; that is, how it would bene fit the public as a whole:

An exemption will directly support t he FAA’s Performance Based Aviation Rulemaking Committee (PARC) Co mmunications Working Group (CWG) initiative to develop a new data link sub-network for use with NextGen-oriented

services such as Controller Pilot Da ta Link Communications (CPDLC) and Automatic Dependent Surveillan ce – Contract (ADS-C).

Early successful evaluation of FOS will contri butes to aviation industry safety by certification of a less expensive medi um compared to Classic Aero SATCOM and likely better throughput compared to FANS ov er Iridium (FOI). A less expensive, higher capacity medium will encourage FANS equipage by the industry.

The use of CPDLC and ADS-C, collectivel y FANS 1/A, provides an increase in safety because it reduces fli ght crew and ATC workload.Petition for Limited Time Exemption from §121.35 9(k) and §91.609(j) – Recording of Datalink Messages Page 3 of 4 August 23, 2013 Datalink increases safety because it pr ovides mitigation through automation for large height deviations, gross navigation errors and out-of-conformance flight plans.

Use of datalink reduces the workload of air traffic controllers because of the

direct communication and increased certai nty of position reporting compared to

voice communication.

The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which we seek exemption :

Granting the exemption, thus allowing the affected aircraft to use and contribute to the evaluation of FOS datalink, w ould not adversely affect safety, and will provide a higher level of safe ty for the following reasons.

1. The requested exemption is for a limited time. 2. The airplanes currently use HF datalink for AOC communications only because, while FOH is approved, it can impose extra work for ATC controllers due to slower speed of message delivery and separations requirements. FOS will provide a higher level of efficiency and therefore safety. 3. No new message sets are introduced. 4. All of Hawaiian’s 767’s operate safe ly without datalink recording due to “grandfathering” or their ex isting media under the rule.
5. FOS will facilitate work with cont rollers handling aircraft using other

SATCOM media and HF voice. 6. Improved AOC communications over SBB will facilitate deviations for weather and flight trajec tories to save fuel. 7. Good communications facilitate maintenance and reliability. 8. Improved communications in the ca se of medical emergencies will be better handled by the voice component of SBB alongside faster data

communications. 9. Because of the evaluation, the ai rplanes’ datalink communications will be subject to a higher level of scrut iny compared to other aircraft.

10. The success of this FOS evaluatio n will pave the way for other operators to acquire FANS equipage in an a ffordable path, promoting NextGen efficiencies including fuel saving s and reductions to carbon emissions.Petition for Limited Time Exemption from §121.35 9(k) and §91.609(j) – Recording of Datalink Messages Page 4 of 4 August 23, 2013 Summary

Hawaiian Airlines seeks, until no late r than July 31, 2015, exemption from §121.359(k) and §91.609(j) for two aircraft that will be retired by that date.

The exemptions will allow Hawaiian to use contribute to the evaluation of Safety

Services over Swift Broadband datalink communication which will advance one element of the NextGen syst em. The evaluation will be nefit the aviation industry and the travelling public.