AFS-11-110-E 

February 2, 2011 

 Exemption No. 10201 

 Regulatory Docket No. FAA-2011-0002 

Mr. Robert Bernicchi 

Managing Director of Engineering 

Alaska Airlines 

19300 International Blvd 

Seattle, WA 98188 

Dear Mr. Bernicchi: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated December 23, 2010, Mr. Robert Bernicchi, Managing Director of Engineering, 

Alaska Airlines (Alaska), 19300 International Blvd., Seattle, WA 98188 petitioned the 

Federal Aviation Administration (FAA) on behalf of Alaska for an exemption from 

§ 121.344(f) and part 121, appendix M, footnote 18 of Title 14, Code of Federal Regulations 

(14 CFR). This exemption, if granted, would allow Alaska the continued operation of three 

B737 series aircraft for 18 months from the date of this letter without meeting the 

requirements of § 121.344(f) and part 121, appendix M, footnote 18. 

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, and any 

delay in acting on this petition would be detrimental to Alaska. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10200 (copy enclosed), the FAA 

granted relief from recording a parameter listed under § 121.344(f) and part 121, appendix M, 

footnote 18, because the petitioner minimized the impact of the loss of the flight recorder data 

and showed the loss of this data did not affect the safety of aircraft. 
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Having reviewed your reasons for requesting an exemption, I find that— 

 they don’t differ materially from those presented by the petitioner in the enclosed grant of 

exemption; 

 the reasons stated by the FAA for granting the enclosed exemption also apply to the 

situation you present; and 

 a grant of exemption is in the public interest. 

Flight data recorders are required by regulation because they are recognized as an essential 

tool for investigating accidents and incidents. Although a digital flight data recorder (DFDR) 

does not affect flight crew procedures, it is critical for later analysis of crew performance and 

the procedures used during an accident or incident. 

The petitioner states that on December 17, 2010, during a review by Boeing of the Sagemgenerated qualification digital flight data acquisition unit (DFDAU) test reports, Boeing 

discovered some of the qualification tests were accomplished by Sagem out of sequence, 

requiring the testing be re-accomplished before the DFDAU software could be certified. 

Alaska notes that Boeing stated there were no technical issues with any of the applicable test 

reports and there were no changes to the unit, despite the fact the test article was conformed 

after the qualification tests were performed. Since the new DFDAU was not properly 

certified, the DFDAU installed on the subject aircraft will use the previously certified version 

of the software, which does not meet the requirements of § 121.344(f). 

Alaska expects Boeing to generate a service bulletin (SB) for the software modification 

needed to comply with the DFDR requirements in § 121.344(f). Alaska states that Boeing is 

continuing its work with Sagem to re-accomplish the necessary qualification tests, generate 

the test reports, review and approve the test reports, accomplish the ground and flight tests, 

and certify the DFDAU. 

Alaska states that Boeing and Sagem indicate this effort could take as long as 12 months to 

complete based on the data available and previous certification experience. Alaska notes that 

replacement of the Sagem DFDAU software on the three B737-890 aircraft can be 

accomplished in an overnight maintenance visit once the Boeing SB has been issued. 

Alaska states this exemption does not jeopardize individual airplane safety because the 

current equipment remains compliant with the DFDR recording requirements of § 121.344 

that were in effect prior to December 6, 2010. Alaska states that preventing these airplanes 

from entering into service could have a significant negative effect on air transportation. 

Based on those factors, the FAA has determined that it is in the public interest to allow the 

introduction of the subject aircraft into service until they can be modified. 
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The FAA’s Decision 

In consideration 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, Alaska Airlines is granted an exemption from § 121.344(f) to the 

extent necessary to allow Alaska to temporarily operate three newly delivered Boeing 737 NG 

aircraft, subject to the conditions and limitations listed below. 

Conditions and Limitations 

1. This exemption only applies to the following aircraft. 

Make Model Serial No. Line No. Registration No. 

Boeing 737-890 35201 3511 N533AS 

Boeing 737-890 35202 3523 N534AS 

Boeing 737-890 35200 3558 N535AS 

2. This exemption allows this aircraft to operate with the DFDR sampling rate 

requirements that were in effect before December 6, 2010, as listed in part 121, 

appendix M, for parameters 12a, 13a, 14a, 15, 16, 17, and 88. 

3. A copy of this exemption must be retained with the operator’s DFDR correlation 

documentation as specified in § 121.344(j) until the airplane identified in this 

exemption has incorporated the DFDAU system modification. 

4. In the event of an accident or incident after which the DFDR data must be sent to 

the FAA or the National Transportation Safety Board, Alaska must provide a 

copy of this exemption. 

5. Following receipt of the modification SB, Alaska must provide to its principal 

avionics inspector a schedule for the completion of the new installation. 

This exemption terminates on the sooner of the installation of the DFDAU software update 

correcting the problem described in the petition, or 18 months after the date of this letter,

unless sooner superseded or rescinded. 

Sincerely, 

/s/ John W. McGraw 

Acting Director, Flight Standards Service 

Enclosure