AFS

- 13

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- E Exemption No. 10818

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

DELTA AIR LINES , INC

. Regulatory Docket No. FAA

- 20 1 2

- 1349

for an exemption from § 91.9(a) of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated Decemb er 21, 2012 , Mr. Stephen M. Dickson

, Senior Vice President Flight Operations

, Delta Air Lines, Inc

. ( Delta )

, 1030 Delta Boulevard, Department 207, Atlanta,

G eorgia 30320 petitioned the Federal Aviation Administration (FAA) for an exemption from § 91.9(a) o f Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted,

would allow a select group of Delta Senior Line Check Airman Pilots to operate Apple iPads on the flight deck under certain conditions and limitations for the purpose of conducti ng research into turbulence mitigation and avoidance

.

Th e petitioner requests relief from the following regulation :

Section 91.9(a) prescribes, in pertinent part that e xcept as provided in paragraph (d) of this section, no person may operate a civil aircr aft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country of registry

.

The petitioner supports it s request with the following information:

The National Transportation Safety Board (NTSB) determined that between 2007 and 2009, turbulence encounters during the en route phase of flight continues to be the most common

cause of p art 121 accidents (i.e. i n

- flight injuries). “ Turbulence encounters accounted for more

than one

- third of the accident events, and all but one of the 32 encounters with turbulence2

occurred during en route phases of flight. Most of these accidents (29 of 32) resulted in serious inju ry to a single passenger or cabin crew member, but in one case two persons were seriously injured and in another case six persons were seriously injured. Minor aircraft damage was reported in 2 of the 32 turbulence accidents. ” Therefore, the FAA and Delta have initiated a research project in an attempt to mitigate this statistic.

Delta is requesting an exemption from §91.9(a) to perform a demonstration, with the cooperation of the FAA's Aviation Weather Research Program Turbulence Product Development

Team (TPDT), the feasibility of using a low

- cost tablet personal computer (PC), specifically an Apple iPad (WiFi only; no cellular transmission

- capable units), for the displaying of Graphical Turbulence Guidance (GTG) and Eddy Dissipation Rate (EDR) informatio n in the cockpit for use by the flight crew. EDR is aircraft sensor derived and auto

- reported at a much greater frequency than Pilot Reports (PIREPs). PIREPs are subjective in nature, and may be geographically inaccurate. Turbulence severity and location reported via PIREPs are often reported in a general, conservative sense, resulting in reallocation of airspace or pilots avoiding large areas of airspace that may not actually be experiencing turbulence conditions. Delta previously participated in the adap tation, testing, and deployment of the EDR algorithm on its aircraft and completed installation of the EDR algorithm on its Delta B737

- 800 fleet in September 2008.

In April 2009, following the initial EDR installation, the FAA funded an effort to assess the safety, efficiency, and capacity benefits of providing improved GTG and EDR information to flight planners and dispatchers. That effort was to determine how EDR data might help in achieving increased airspace capacity through its use by pilots, dispatc hers, and Air Traffic Control (ATC) in minimizing deviations in areas of turbulence. Currently, the GTG and EDR information are provided to the dispatchers via a dedicated viewer. The dispatchers utilize the information to coordinate the optimized altitude s and tracks with the pilots and ATC. The result is fewer unnecessary altitude changes and a reduction in workload for both pilots and controllers.

The EDR Proof

- of

- Concept Demonstration effort was completed in January of 2011.

This new joint effort will be conducted to demonstrate the ability and capability for transmitting GTG and EDR information directly to the flight crews and to identify any benefits resulting from decision making through early turbulence warning.

Delta states the B737 is the only aircraft type within its fleet that has both WiFi and the new turbulence reporting algorithm. Therefore, these are the only aircraft in the Delta fleet suitable for this test program. The Delta B737

- 800 aircraft to be used during the research effort are

eq uipped with GoGo WiFi service that was installed on the aircraft via Supplemental Type Certificate (STC) ST02541CH (Installation of Aircell Broadband Services (ABS) System)

. The aircraft are also equipped with Honeywell “Phase 3” Display Units. The follo wing textual excerpt was taken from the Additional c onditions and l imitations section of the FAA Approved Model List of ST02541CH:

“Honeywell Display Unit (DU), P/N 4091900

- xxx (Example P/Ns 4091900

- 931, 4091900

- 932, 4091900

- 933 and 4091900

- 934), exhibite d susceptibility during 4 watt Effective Isotropic Radiated Power ( EIRP ) Personal Electronic Devices (PEDs) wireless emission tests.3

Installation of the Aircell ABS on aircraft with these displays requires prohibition of use of

Wi

- Fi devices on the flight deck when engines are operating for the purposes of flight.”

In lay terms, certain WiFi devices used on the flight deck can cause interference with the Phase 3 displays

. Therefore, a placard to prohibit the use of WiFi devices on the flight deck when eng ines are operating for the purposes of flight has been installed in all Delta B737

- 800 aircraft to ensure compliance. Relief from §91.9(a) (which mandates aircraft must be operated compliant with the operating limitations of, among other things, placards) would permit Delta Senior Line Check Airmen (LCA) pilots on the test aircraft to use a WiFi

enabled Apple iPad on the flight deck.

Delta is requesting relief for 40 Delta B737 Senior LCA pilots to access a web

- based enroute turbulence tool using the exis ting aircraft WiFi connection. The e xemption would be required during the operational demonstratio n period of the research effort ( anticipat ed to last approximately 1 year), and only during non

- critical phases of flight.

In a similar demonstration, Boein g performed Electro

- Magnetic Interference / Radio Frequency

Interference (EMI/RFI) tests of the Honeywell Phase 3 Display Units (DU) and developed

recommended distances from the DUs for safe use of wireless radiating devices. At a measured transmitter output of 100 mw, the safe distance determined by Boeing’s test is no

closer than 7 inches from the DU

.

The Apple iPad to be used for this project has an Effective Radiated Power of a pproximately 40 milliwatts (mW). The normal radiat ed power of the iPad is app roximately 100 times less

than the 4 watt value identified to cause the display unit anomaly during STC testing

. The

manufacturer of the tablet does state the possibili ty of spike wattage of 0.35 watts (350 mW),

which is still far below the 4 watt threshol d identified during STC testing

. Per Boeing’s testing and calculations, a t the normal output power of the Apple iPad (40mW), no interference with the DUs will occur if the device is kept at least 4 inches or more away from

the DU. Delta validated Boeing’s testing by operating the iPad at the recommended distance from the display while on the ground. Delta reports no display anomalies when placing the

iPad as close as 1 inch from the display

.

Delta states that , modification or replacement of the Phase 3 d isplays is impractical. It state s that, because of the number of Phase 3 DU s in service and Honeywell’s limited ability to update the existing units, the process of replacement could take two to three years. In addition,

t his would delay benefits to the p ublic and potentially impact the schedule for weather integration in the NextGen planning cycle. NextGen has been identified as being critical to our nation’s infrastructure and its schedule is critical to the benefits anticipated from a timely implementat ion.

Delta further states that a level of safety at least equal to that provided by the rule is achieved by the following:4

1. Use of the iPads will be limited to approximately 40 Line Check Airman pilots who have been properly trained in use of the device as well as the conditions and limitations placed upon use of the device on the flight deck ;

2. Human in the Loop (HITL) evaluations in a B737NG simulator will be conducted in advance of the operational demonstrations to develop operational procedures and

traini ng for the LCA ;

3. Procedures will be in place to ensure that the LCA disable the Bluetooth capability of

the iPad before use in

- flight ;

4. Use of the iPad on the flight deck will be limited to one device used at either the pilot or first officer’s position (not both) on any given flight ;

5. Use of the iPad on the flight deck will only occur during non

- critical stages of flight, and the devices will be powered off and stowed below 10,000 feet ;

6. The iPad will not be used forward of the control column, thus maintaining a distance

of at least 18 inches from the Phase 3 DU ; and

7. If any DU anomalies occur , the iPad will immediately be turned off and stowed for the duration of the flight.

A summary of the petition was published in the Federal Register on January 18, 20 13 (78 FR 4190). No comments were received.

Additionally, Delta states this will be a benefit to the public because t he planned research will examine the impacts of providing aircrews with atmospheric turbulence information prior to

an actual turbulence encounter . This collection of data will help to increase situational

awareness of the air cre members . Provisioning of better turbulence information on the flight deck could lead to improved mitigation or avoidance procedures

, resulting in far fewer cabin injuries to passengers and cabin crew members. With improved turbulence knowledge, the flight crews can better coordinate with controllers regarding flight altitudes

, and flight crews can better coordinate with their cabin crews to provide advance warning of upcoming areas of

turbulence. Delta’s expectation is the program will enhance the experience of the traveling public which will benefit the total air transportation system. The demonstration will provide the FAA important information on how to validate the improvements in the system and quantify operational and N ational A irspace S ystem benefits based on lessons learned from the data collected. Since this capability can be transferred to all aircraft, all segments of aviation

will benefit.

The FAA's an alysis is as follows:

The FAA has reviewed the methods and results of Boeing’s EMI/RFI testing of the Honeywell

Phase 3 DU and finds that the combination of low transmit power (40 to 350m w ) of the Apple iPad operating in a WiFi

- only mode, combined with op erational controls listed in the

c onditions and l imitations section below provides a level of safety equivalent to that provided5

by prohibiting use of WiFi devices on the flight deck. Testing conducted by Boeing has outlined safe radiated power/distance cr iteria that Delta’s op erational procedures will surpass. Among the c onditions and l imitations listed below is a requirement to operate the iPad no closer than 18 inches from the DUs. This distance is more than quadruple the safe distance identified by Bo eing ’s testing. The operational controls combined with instrument panel layout ensure that interference with more than one display is very highly unlikely. Delta has outlined procedures to mitigate D U interference in the unlikely event it occurs. The FAA concurs that the mitigation procedures are effective, and will not jeopardize safe operation of

the aircraft.

The FAA further finds that Delta has sufficiently illustrated how granting of this petition is in the public’s interest.

The FAA’s Decision

In c onsideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701

, delegated to me by the Administrator, Delta Air Lines, Inc. is grant ed an exemption from 14 CFR § 91.9(a) to the extent necessary to allow certain Delta Line Check Airman pilots to operate Apple iPad

WiFi

- only devices on the flight deck for the purpose of conducting turbulence mitigation and avoidance research, subject to the conditions a nd limitations listed below.

Conditions and Limitations

1. Delta must adhere to the following operational controls and include them in any instructions, processes and procedures provided to the participating LCA pilots :

a. Use of the iPad is limited to non

- crit ical stages of flight. The iPad will be powered off and stowed below 10,000 feet ;

b. No more than one iPad may be used, and must be used in either the Pilot’s or First Officer’s position (not both) on any given flight ;

c. LCAs will ensure Bluetooth functionalit y is disabled on the iPad prior to flight ;

d. The iPad will not be used forward of the control column at any time during flight. This will ensure a separation of at least 18 inches between the iPad and DUs; and

e. If any DU anomalies occur, the iPad will immedi ately be powered off and stowed for the duration of the flight.

2. Prior to start of the research program, Delta shall provide the names of the L CA pilots who will participate in the program and the date(s) each pilot was trained on the operational controls t o the Delta Certificate Management Office (CMO). Only those LCA identified and trained shall participate.

3. This exemption applies only to use of Apple iPad Wifi

- only devices during turbulence mitigation and avoidance research. No other WiFi devices shall b e used on the flight deck of placarded B737NG aircraft, nor shall the iPad be used during flight for any6

other purpose. Further, this relief does not extend to any other placard or marking beyond the flight deck placard with reads “USE OF WI

- FI DEVICES ON THE

FLIGHT DECK PROHIBITED WHEN ENGINES OPERATING FOR PURPOSE OF

FLIGHT

. ”

This exemption terminates on October 31, 2014 , unless sooner superseded or rescinded.

Issued in Washington, DC, on Ju ly 8 , 2013

.

/s/

John M. Allen Director, Flight Standards

Service