-Avianca :.:TM ~ 

Con todo gusto ' ' - *- *"' P 3= 3M 

Bogota, November 23, 2010 

A301000000-696 

To 

Docket Operation, 

U.S. Department of Transportation 

West Building Ground Floor. Room W12-140, 1200 New Jersey Avenue. SE, 

Washington. DC 20590. USA 

SUBJECT: Exemption request for a portion of the Federal Aviation 

Regulation 121.359 (k) Cockpit voice recorders for Airbus A330 

Fleet operated by Avianca Airlines. 

REF: FAR rules amendments 25-124, 121-338 issued on Marcii, 7 

2008 - Revisions to Cockpit Voice Recorder (CVR) and Digital 

Flight Data Recorder Regulations (DFDR), final Rule. 

Aerovias del Continente Americano, Avianca Airlines, a FAR 129 Operator 

hereby requests an exemption to FAR 121.359 (k) Cockpit voice recorders, 

which reads as follows : All airplanes required by this part to have a cockpit 

voice recorder and a flight data recorder, that install datalink communication 

equipment on or after December 6, 2010, must record all datalink messages as 

required by the certification rule applicable to the airplane. 

The regulation is applicable to all aircraft operated under FAA operational 

regulation (N-registered A/C or under Airworthiness Authorities following FAA 

operational rules), through FAA Part 121 or 129. Avianca is planning to receive 

its 6'" and 7'" Airbus A330-243 MSN 1208 to be delivered on March 2011, 

MSN 1224 delivery on May 2011 and MSN 1279 delivery on January 2012 . 

However, according to the information we have received from Airbus, there 

have been some problems with the certification of Honeywell CVR and Airbus 

modification, which will prevent this airplane to comply with the requirements of 

this regulation. Therefore, Avianca requests an temporary exemption to this rule 

until the airplane can be retrofitted with approved modifications which will be not 

later than July 2012, in accordance with the information provided by the OEM 
(Airbus and Honeywell). Please see attached. Airbus Letter informing the status 

of the certification process of that equipment. 

This exemption would not jeopardize airplane safety because the current 

equipment is still compliant with the FAR 121.359, all paragraphs, except item 

(k) for which we are requesting the temporary exemption. 

This exemption is in interest of the United States public because it will allow the 

airline to improve the current service standard due the incorporation of these 

newly manufactured airplanes that carry U.S tourist, U.S. business people and 

U.S manufactured goods. 

Any disruption of the services performed by Avianca Airlines would undoubtedly 

have an adverse effect on the U.S. interests in Colombia. 

If you have questions or it is necessary that we provide further information, 

please contact us. 

Sincerely, 

{^^yi^-^^ 

-ufs Alberto Valencia 

Avianca Quality Director 

Lvaiencia@avianca.com 

Phone: (57-1) 413 9873 

Fax: (57-1) 413 8340 

CO: Mr. Allan McHenry. 

Principal Avionics Inspector Avianca 

Federal Aviation Administration. 

l\/1iami International Field Office 

Mr. Larry Campbell 

Principal Maintenance Inspector Avianca 

Federal Aviation Administration. 

Miami International Field Office 
AIRBUS 

fROM 

Eduardo HURTADO 

DATE 

November 26, 2010 

fHONE 

+33(0)5 67 19 00 33 

FAX 

+33(0)5 61 93 43 16 

e-MAIL 

Eduardo.Hurtado@airbus.com 

OUR REFERBHCE 

SA03CT1006363 

YOUR REFERENCE 

Mr Luis Alberto VALENCIA 

AVIANCA QUALITY DIRECTOR 

AVIANCA 

Avenida El dorado #106-74 

Hangar 2 Piso 2 

Bogota 

Colombia 

SUBJECT : FAR Amendments 25-124/121-338: Compliance status update on new 

FAA Recording Regulations for AVIANCA upcoming A320 familv and A330 production 

aircrafts. 

Dear Mr. Valencia, 

We would like to give you an update on the compliance status on the new FAA regulation, 

FAR Amendments 25-124, 121-338 on both your Single Aisle and Long Range existing 

definitions; 

A320 familv 

In order to comply in its entirety with the new regulation. Airbus has defined the below solutions on 

A320 family: 

Separate containers / Dual Combination 

Reliable power bus / No Single Electrical Failure should disable both 

1) CVR/DFDR • 

2) CVR/DFDR • 

recorders 

3) CVR 10 minutes Independent Power Supply 

4) Data-link Recording: F/\A requests ATC data-link communications shall be recorded if 

ATC data-link communication equipment is installed on the A/C (FANS) 

5) Increased DFDR Recording Rates to 8 samples per seconds for Flight Controls. 

Your current A320 aircraft specification already incorporates the solutions 1) thru 3). Solution 4) 

does not apply in your case as it is limited to ATC data-link (FANS) equipped A/Cs (FANS A/B is 

optional on A320 family and it is not part of Avianca A320 aircraft specification). 

On the other hand, 1 am afraid that we will not be able to comply with the requirements associated to 

the the 5th (5) solution due to a delay on the certification schedule of the new FDIMU sw capable of 

1,024 w/s from SAGEM. In fact, we have just been acquitted that it will be now delayed by three (3) 

months (from October 2010 to January 2011) and consequently it will no longer be possible to install 

it in the upcoming production Avianca A320 deliveries MSNs 4547, and 4567 (to be delivered from 

our production facilities in December 2010, and January 2011 respectively) as initially targeted so as 

to meet compliance with the new FAA recording rule regulation in its sub-requirement about the 

increased DFDR recording rates which becomes effective on December 6th, 2010. 

Based on this revised certification schedule, the first AVIANCA production A320 aircraft to be fully 

compliant with the aforementioned regulation will be MSN 4599, which will be delivered in February 

2011. 

AIRBUS, AN EADS COMPANY AIRBUS S A S 

SOCIETE PAR ACTIONS SIMPUFISE 

AU CAPITAL DB 2.704.375 EUROS 

PCS. TOULOUSE C 3»3 ••Z* t u 

1, ROND POINT MAURICE BELLONTE 

31707 BLAGNAC CEDEX 

FRANCE 

PHONE *33 (0)5 t l i 3 33 33 
AIRBUS 

As soon as we successfully manage to certify the new SAGEM FDIMU, we will launch the associated 

Service Bulletins so as to upgrade your aircrafts to the latest FDIMU sw (software upgrade only), and 

in addition for the activation of 8 samples per seconds for Flight Controls capability on the FDR. It is 

important to remark at this time that the two mentioned partially non-compliance aircrafts will already 

include in their definitions the latest FDR, and FCDC standards so as to comply with this regulation. 

Availability of the SB would be by June 2011 subject to the successful production certification. 

A330 aircraft 

Similarly, in order to comply in its entirety with the new regulation. Airbus has defined the below 

solutions on A330 aircraft: 

1) CVR/DFDR - Separate containers / Dual Combination 

2) CVR/DFDR - Reliable power bus / No Single Electrical Failure should disable both 

recorders 

3) CVR 10 minutes Independent Power Supply 

4) Data-link Recording: FAA requests ATC data-link communications shall be recorded if 

ATC data-link communication equipment is installed on the A/C (FANS) 

5) Increased DFDR Recording Rates to 8 samples per seconds for Flight Controls. 

Your current A330 configuration already includes the solutions 1) thru 3). For solution 5) we are still 

in good track to target MSN 1208 (next production A330 Avianca delivery - March 2011): on this 

aircraft we are already including the new FDIMU, and FDR both capable of 1,024 w/s recording, and 

the sole outstanding modification to be confirmed is for the new FCDC L21 standard (this shall be 

confirmed by the 3 of December latest). Once confirmed, all your upcoming A330 aircrafts would 

comply with the requirements associated to 5). 

The major area in which we are facing certification delays is for the modifications needed so as to 

comply with the requirements of the CVR solution 4), as in this case your A330 aircraft, compared to 

the SAs, would be obliged to comply with section 4 of this rulemaking as it uses Data Link - FANS 

A+ over ACARS. 

The non-compliance areas are: 

4.1. New SSCVR installation (step 2): 

The CVR from Honeywell is targeted to be certified in first quarter of 2011. 

4.2 New ATSU standard (hardware & software) 

The new ATSU hardware and software is schedule for certification planned by 4Q2011. 

4.3 Activation of the data-link function by pin programming on ATSU. 

This will be proposed certified as soon as all the related computers standard (ATSU, SSCVR, 

SDAC, FWC) are available. 

Based on the above, we see strong indications that all your upcoming A330 deliveries will comply 

with sections 1), 2), 3), and 5) (this later to be confirmed at the end of next week), whereas I am 

afraid you would need to seek a waiver for exemption for the FDR requirement for procution aircrafts 

1208, 1224 (May 2011 delivery), and potentially MSN 1279 (January 2012 delivery) in case the new 

CVR from Honeywell is not certified on time. 

The availability of the SBs to cover sections 4.1 thru 4.3 would be by early second quarter 2012. 

Rest assured that we are making best efforts to improve the lead-times for certification, and that we 

will keep you updated on the progress made. 

AIRBUS, AN EADS COMPANY AIRBUSS.A.S. 1, ROND POINT MAURICE BELLONTE 

SOCIETE PAR ACTIONS SIMPUFIEE 31707 BLAGNAC CEDEX 

AU CAPITAL DE 2.704.375 EUROS FRANCE 

R.C.S. TOULOUSE C 383 <7< 814 PHONE +33 (0)5 61 93 33 33 
AIRBUS 

In light of the above mentioned situation. Airbus recommends Avianca to contact at your earliest 

opportunity your local airworthiness authorities to inform them about the upcoming non-compliance 

situation, and if possible seek a waiver for exemption for the non-compliance sub-parts. 

Do not hesitate to contact me for additional information. 

Yours Sincerely, 

E. HURTADO 

Customisation Director 

Customer Affairs 

Copy: (without end.) 

Avianca- Mr David ARANA 

Avianca - Mr Ricardo FLOREZ 

Avianca - Mr Jaiver QUINTANA 

Airbus - Mr David Melot 

Airbus - Mr Thomas Fixy 

Airbus - Mr Alexandre Van-Schor 

Airbus - Mrs Regine Sobotka 

Airbus - Mr Remain Legast 

Airbus - Mr Juan Jose Menossi 

Airbus - Mr Peter Anders 

AIRBUS, AN EADS COMPANY AIRBUS SAS. 1, ROND POINT MAURICE BELLONTE 

SOCIETE PAR ACTIONS SIMPUFIEE 31707 BLAGNAC CEDEX 

AU CAPITAL DE 2.704.375 EUROS FRANCE 

R.C.S. TOULOUSE C 383 <7< SI4 PHONE •SS (0)5 51 S3 33 33 

1 
Electronic Code of Federal Regulations: Page 1 of 3 

UQme_Pa.ge > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations 

Electronic Co(||0|1?e<d#ml;%gulatlons 

TM 

e-CFR Data is current as of November 23, 2010 

Title 14: Aeronautics and Space 

PART121—OPERATING REQUIREMENTS: DOMESTIC, FLAG. AND SUPPLEMENTAL 

OPERATIONS 

Subpart K—Instrument and Equipment Requirements 

Browse Previous | Browse Next 

§ 121.359 Cockpit voice recorders. 

(a) No certificate holder may operate a large turbine engine powered airplane or a large pressurized 

airplane with four reciprocating engines unless an approved cockpit voice recorder is installed in that 

airplane and is operated continuously from the start of the use of the checklist (before starting engines 

for the purpose of flight), to completion of the final checklist at the termination of the flight. 

(b) [Reserved] 

(c) The cockpit voice recorder required by paragraph (a) of this section must meet the following 

application standards: 

(1) The requirements of part 25 of this chapter in affect on August 31, 1977. 

(2) After September 1, 1980, each recorder container must— 

(1) Be either bright orange or bright yellow; 

(ii) Have reflective tape affixed to the external surface to facilitate its location under water; and 

(iii) Have an approved underwater locating device on or adjacent to the container which is secured in 

such a manner that they are not likely to be separated during crash impact, unless the cockpit voice 

recorder, and the flight recorder required by §121.343, are installed adjacent to each other in such a 

manner that they are not likely to be separated during crash impact. 

(d) No person may operate a multiengine, turbine-powered airplane having a passenger seat 

configuration of 10-19 seats unless it is equipped with an approved cockpit voice recorder that: 

(1) Is installed In compliance with §23.1457{a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); or 

§25.1457(a)(1) and (2), (b), (c), (d)(1)(l), (2) and (3), (e), (f), and (g) of this chapter, as applicable; and 

(2) Is operated continuously from the use of the checklist before the flight to completion of the final 

checklist at the end of the flight. 

(e) No person may operate a multiengine, turbine-powered airplane having a passenger seat 

configuration of 20 to 30 seats unless It Is equipped with an approved cockpit voice recorder that— 

(1) Is installed in accordance with the requirements of §23.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), 

and (5)) or §25.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) of this chapter, as applicable; and 

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr«&sid=dl2cc2428d94d7c2459a24073a2... 11/26/2010 
Electronic Code of Federal Regulations: Page 2 of 3 

(2) Is operated continuously from the use of the checklist before the flight to completion of the final 

checklist at the end of the flight. 

(f) In complying with this section, an approved cockpit voice recorder having an erasure feature may be 

used, so that at any time during the operation of the recorder, information recorded more than 30 

minutes earlier may be erased or otherwise obliterated. 

(g) For those aircraft equipped to record the uninterrupted audio signals received by a boom or a mask 

miCTophone, the flight crewmembers are required to use the boom microphone below 18,000 feet mean 

sea level. No person may operate a large turbine engine powered airplane or a large pressurized 

airplane with four reciprocating engines manufactured after October 11,1991, or on which a cockpit 

voice recorder has been installed after October 11,1991, unless it is equipped to record the 

uninterrupted audio signal received by a boom or mask microphone in accordance with §25.1457(c)(5) 

of this chapter. 

(h) In the event of an accident or occurrence requiring immediate notification of the National 

Transportation Safety Board under part 830 of its regulations, which results In the termination of the 

flight, the certificate holder shall keep the recorded information for at least 60 days or, if requested by the 

Administrator or the Board, for a longer period. Information obtained from the record is used to assist in 

determining the cause of accidents or occurrences in connection with Investigations under part 830. The 

Administrator does not use the record in any civil penalty or certificate action. 

(i) By April 7, 2012, all turbine engine-powered airplanes subject to this section that are manufactured 

before April 7, 2010, must have a cockpit voice recorder installed that also— 

(1) Meets the requirements of §23.1457(d)(6) or §25.1457(d)(6) of this chapter, as applicable; 

(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of 

TS0-C123a, or later revision; and 

(3) Is operated continuously from the use of the checklist before the flight to completion of the final 

checklist at the end of the flight. 

(4) If transport category, meets the requirements in §25.1457(a)(3), (a)(4), and (a)(5) of this chapter. 

(j) All turbine engine-powered airplanes subject to this section that are manufactured on or after April 7, 

2010, must have a cockpit voice recorder installed that also— 

(1) Is Installed In accordance with the requirements of §23.1457 (except for paragraph (a)(6) or 

§25.1457 (except for paragraph (a)(6)) of this chapter, as applicable; 

(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of 

TSO-C123a, or later revision; and 

(3) Is operated continuously from the use of the checklist before the flight to completion of the final 

checklist at the end of the flight. 

(4) For all airplanes manufactured on or after December 6, 2010, also meets the requirements of 

§23.1457(a)(6) or §25.1457(a)(6) of this chapter, as applicable. 

(k) All airplanes required by this part to have a cockpit voice recorder and a flight data recorder, that 

install datalink communication equipment on or after December 6, 2010, must record all datalink 

messages as required by the certification rule applicable to the airplane. 

[Doc No. 6258, 29 PR 19205, Dec. 31, 1964] 

Editorial Note: ForFederal Reglstercitations affecting §121.359, see the List of CFR Sections Affected, 

which appears in the Finding Aids section of the printed volume and on GPO Access. 

Browse Previous | Browse Next 

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dl2cc2428d94d7c2459a24073a2... 11/26/2010 
Electronic Code of Federal Regulations: Page 3 of 3 

For questions or con^ments regarding e-CFR editorial content, features, or design, email ecfrOnara gov. 

For questions concerning e-CFR programming and delivery issues, email webteamiaigpo.gov. 

Section 508 / Accessibility 

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=dl2cc2428d94d7c2459a24073a2... 11/26/2010