Petition for Limited Time Exemption from §121.359(k) and §91.609(j) – Recording of Datalink 

Messages 

Page 1 of 4 August 23, 2013 

Subject: Petition for Limited Time Exemption 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 requirements specified by § 121.359(k) and § 

91.609(j) is sought until the earlier 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 (FANS 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 §121.359(k) and §91.609(j) – Recording of Datalink 

Messages 

Page 2 of 4 August 23, 2013 

Because the airplanes will be retired in less than two years, the cost of meeting 

the datalink recording requirement will preclude participation in the evaluations of 

Safety Services over Swift Broadband, a protected, prioritized version 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 features install by Boeing Service 

Bulletins in 2006 and 2007. They are 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 crews are very experienced users of CPDLC 

and ADS-C as they regularly fly FANS-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 management actively contributed to the 

evaluations of both FANS over HF and FANS over Iridium. 

5. The airplanes fly in the Oakland FIR (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 potential 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 benefit the public as a whole: 

An exemption will directly support the FAA’s Performance Based Aviation 

Rulemaking Committee (PARC) Communications Working Group (CWG) 

initiative to develop a new data link sub-network for use with NextGen-oriented 

services such as Controller Pilot Data Link Communications (CPDLC) and 

Automatic Dependent Surveillance – Contract (ADS-C). 

Early successful evaluation of FOS will contributes to aviation industry safety by 

certification of a less expensive medium compared to Classic Aero SATCOM and 

likely better throughput compared to FANS over Iridium (FOI). A less expensive, 

higher capacity medium will encourage FANS equipage by the industry. 

The use of CPDLC and ADS-C, collectively FANS 1/A, provides an increase in 

safety because it reduces flight crew and ATC workload. 
Petition for Limited Time Exemption from §121.359(k) and §91.609(j) – Recording of Datalink 

Messages 

Page 3 of 4 August 23, 2013 

Datalink increases safety because it provides 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 certainty 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, would not adversely affect safety, and will 

provide a higher level of safety 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 safely without datalink recording due to 

“grandfathering” or their existing media under the rule. 

5. FOS will facilitate work with controllers handling aircraft using other 

SATCOM media and HF voice. 

6. Improved AOC communications over SBB will facilitate deviations for 

weather and flight trajectories to save fuel. 

7. Good communications facilitate maintenance and reliability. 

8. Improved communications in the case of medical emergencies will be 

better handled by the voice component of SBB alongside faster data 

communications. 

9. Because of the evaluation, the airplanes’ datalink communications will be 

subject to a higher level of scrutiny compared to other aircraft. 

10. The success of this FOS evaluation will pave the way for other operators 

to acquire FANS equipage in an affordable path, promoting NextGen 

efficiencies including fuel savings and reductions to carbon emissions. 
Petition for Limited Time Exemption from §121.359(k) and §91.609(j) – Recording of Datalink 

Messages 

Page 4 of 4 August 23, 2013 

Summary 

Hawaiian Airlines seeks, until no later 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 system. The evaluation will benefit the aviation industry 

and the travelling public.