DELTA AIRLINES ENG 404 773 7979 02/08 '10 14:26 N0.565 01/07 

A DELTAS) 

Craig Amadeo 

General Manager 

Engineering Standards & 

Chief Engineer 

D*\ta Air Lln»e. Inc. 

1775 Aviation 6lvd 

Atlanta, Ga. 30320 

T. iOl 714-1312 

F. -KViTI-^liesa 

C. 404 S74-O706 

Craig. Arradaoi^ddlTa com 

January 29,2010 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room Wl 2-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Subject: Rule FAA 2005-20245 Notice No. 10-01. 

Petition for Conditional Exemption of ladependent CVR Power Supply Requirement on 

Two Production Aircraft and Limited Exeraption\Clarification for Fleets 

Undergoing ACARS based CPDLC (FANS) Activations - Wlicre No New 

Communications Hardware is Required to Accomplish the Activation. 

Reference: Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations: 

14 CFR Amendments No. 23-58,25-124, 27-43,29-50, 91-300.121-338. 125-54, 

129-45. and 135-113 

Dear Sir or Madam: 

In accordance with the provisions of Title 14. Code of Federal Regulations (14 CFR) § 11.63 and §11.81, 

Delta Air Lines petitions for a conditional exemption for the requirement to have an IPS for the CVR on 

737-800 aircraft delivered after April 7, 2010. Our aircraft scheduled for delivery after April 7, 2010 arc 

not in jeopardy for the portion of the rule related to DFDR sampling rates or CVR enhancements. There is 

however a potential for the independent power supply (IPS) deadline to be at risk. This operator has been 

made aware that the FAA has recently found issue with the lithium batteries contained in the IPS. If these 

issues cannot be resolved by April 7, 2010, this operator requests a conditional exemption on a casc-bycase basis that allows aircraft deliveries to continue tintil the [PS is certified. To meet the intent of the rule 

if this happens, without question this operator will instaU. the IPS, in an expedited manner, on. any aircraft 

delivered after April 7, 2010 without one. This operator would offer to do so within 20 days of both the 

Service Bulletin and the part being in our possession. This is offered with the understanding that no 

significant rework to the aircraft is required to accomplish, the post-production IPS installation. 

In accordance with the provisions of Title 14, Code of Federal Regulations (14 CFR) §11.63 and §11,81, 

Delta Air Lines petitions for a pennancnt exemption for the datalink recording portion of this rule as it 

applies to retro-fit activations of FANS CPDLC where no new datalink communications management 

equipment is required to activate this capability. This request is limited to retro-fit installations of 

ACARS based FANS -CPDLC only. The request does not ask for exemption from a CPDLC retro-fit that 

is VDL-mode 2 based such as SESAR's LJnk2000 or NcxtGCT's DataComra implementations. Tliis 

operator fully intends to comply with this rule in all other aspects. To assure FAA that this operator is 

moving forward in the spirit of the rule, all cxisttog 30 minute tape-type CVRs and 30 minute solid-state 

CVRg will be replaced with 120 minute DL-CVRs in preparation for future VDL-mode 2 CPDLC. No 

CVRs without datalink capability will be purchased for the purpose of con^lying with this rule. 
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Delta Air Lines, January 29, 2001 

Page 2 of 7 

A. Contact information. 

Craig Amadeo 

Chief Engineer 

Delta Air Lines 

1775 Aviation Blvd. 

Atlanta, GA 30354 

Office; 404 714-1312 

Email: Craig.Amadeofajdelta.com 

B. The specific gectioat of 14 CFR from ybich Delta Air Lines seeks e:teinption or revision 

We seek conditional exemption from or revision to the 14 CFR sections listed below. 

1. 14 CFR 25.1457 equipment requirements in (d)(5). On or after April 7, 2010, airplanes must 

be delivered with an independent CVR power supply. 

2. 14 CFR 121.359Ck) citing equipment requirements in §25.1457(a)(6). On or after April 7, 

2010, airplanes retrofitted with datalink, must include installation of datalink recording 

equipment. 

C. The extent of relief sought and the reason for seeking the r»figf 

It is clear that FAA is unhappy with the response to this rule by industry citing delays in meeting 

both technical challenges and equipage schedules. In many examples, FAA acknowledges tliat 

NPRM commenter*s stressed that significant technical hurtles existed in meeting the two year 

schedule, with only one commcnter raising issue with the schedule itself. FAA states that without 

concrete enough reason to not set the two year schedule it moved forward with it. It should be 

noted that at the time this rule change was being developed the industry was experiencing a 

period of severe economic turmoil. Several operators were in bankruptcy while others were at the 

brink. Simply stated, resources normally dedicated to assisting in this type of industry activity 

were scarce leading to a miss read of the work required in regard to the very aggressive schedule 

proposed. This is stated not as excuse, rather as an unfortunate fact leading to where we arc today. 

I. Dcfcription of the conditional relief sought for the CVR Independent Power Supply 

The petition asks for temporary exemption fi^om the requirement to equip two 737-800 (YF441 & 

YF442) aircraft scheduled for delivery after >^ril 7, 2010. Delta understands that these two 

aircraft may be at risk due to recent FAA concerns about the litliium batteries contained in the 

IPS. This temporary exemption should last until a time when parts, p^crwork and the aircraft are 

available to install the IPS. It is Delta's intention to accomplish the retro-fit installations in an 

expedited manner. 
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Delta Air Lines, January 29, 2001 

Page 3 of7 

a.) Safety ImpUcadons - The installation of a CVR independent power supply (IPS) has 

no direct affect on the safe operation of the aircraft. Allowing the post April 1, 2010 

delivery of the aircraft listed -without the CVR-IPS provides the same level of safety for 

these aircraft as is with aircraft delivered prior to April 7 2010. 

Recognizing that the IPS is a valuable tool for investigators, installing the IPS a? soon as 

practical on all aircraft delivered after April 7, 2010 meets the intent of the rule albeit 

briefly delayed. 

2. Description of the conditional reliefVclarifilcatioii sought for Datalink Recording of RelroFit DataLJnk Installxtions. 

The statement used to describe the trigger point at which datalink recording is required on retrofit installations has been an issue since this rule was adopted. Significant coniusion over this has 

prompted the FAA to make presentations at several industry events to provide clarification. This 

NPRM gives opportunity to put this to rest. 

From the final rule Discussion Comments para. M.4. (Existing PLC Capability^ 

The requirement for recording DLC is determined when the DLC system is 

installed and certified. If the system is installed and certified befoiv April 7, 2010, 

there is no requirem£nifor those systems to record messages. If the DLC system 

is installed and certified (at manufacture or by retrofit) after April 7, 20/0. (he DLC system must 

he examined to deter/nine -whether its message set installed at the time must be recorded. The 

messages that must be recorded become the approved message set for that installation. If a 

provisional (inactive) system is installed and certificated before April 7. 20JO. and requires no 

further certification when the system is activated, then there is no recording requirement for that 

system even if the activation occurs after two years. However, a change in .such a system, 

(especially a change to the message set being used) may trigger the requirement to record as 

though the whole system were a new installation under the regtAlation. 

Excerpt From Tim Shaver's presentation, at ICNS Conference Mav 15.2009 

Decision -Major Change to Type Design 

• Alterations requiring an STC 

' Service bulletins that are considered a ma/or change. 

* Examples of major changes: 

-Ijistallation of FANS or AT!^ CPDLC. 

- Installation oflNMABSATSATCOMSystem that provides CPDLC 

Services 

* Example of a minor change: 

- Installation of A OC/AAC datalink messages in modifiable portion of 

CMUMTSU 

- All provisions for CPDLC have been installed on the aircraft, but are 

functiona.lly inactive. Tlie service bulletin only provides for software activation. 
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Delta Air Lines, January 29. 2001 

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The key to any datalink communications installation is not the VHF radios or the SatCom system 

or even the FMS system. It is the datalink communications management hardware. The list of 

datalink communications management hardware includes the ACARS Management Unit, the 

Communications Management Unit and the Air Traffic Service Unit. These units have been in 

service for many years and are well suited for use in FANS applications. They do not however all 

have output ports available for connection to a recorder. 

FANS messages are generated and received in the FMS system. The datalink communications 

management hardware sin^tly routes the m.essage through an available channel to and from the 

ground. Statements in the rule indicate that the FAA accepts the activation of a FANS system if 

the equipment exists prior to April 7, 2010 by stating that this would not require recording. This 

is because the FAA. does not want to force additional cost if there is not already cause to incur an. 

expense. This is in line with similar FAA policy to not force equipage. 

From the final rule Discussion Comments para. M.4 the following statement is made by the 

NTSB, '^Tbe NTSB failed to see the reason for tJte delay when the insralkd communications 

equipment should have the capability ofoutputting the required datalink me.ysages to the voice 

recorder at the time of installation. " This statement demonstrates that the NTSB simply desires 

that installers of new communications equipment make use of the capability of that equipment by 

connecting the new equipment to the CVR. The statement docs not mean to force additional 

expense other than to connect a capability made possible by the new installation. This is also in 

line with FAA policy to require that capabilities of equipment be utilized to the extern possible in 

cases like this. 

The problem is a flawed assumption by NTSB that the installation or activation of FANS always 

requires new datalink communications management hardware to be installed. In cases where 

existing communications management hardware is capable of handling FANS messages, new 

equipment is not required, Existine datalink communjcation management hardware utili-7-a»^ in a 

retro-fit FANS installation must be treated the same as provisioned installation that is newly 

activated and not require recording. Doing so will follow the intent of this rule and FAA policy to 

not force equipage and expense. 

For this reason, the wording in 14 CFR 121.359 (k) should be revised as follows: 

From 

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

recorder, that Install datalink oommunication couipment on or after April 7, 2010, must 

record all datalink messages as required by the certification njle applicable to the 

airplane. 

To: 

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

recorder, that Install new datalink communication management hardware on or after 

April 7, 2010, must record all datalink messages as required by the certification rule 

applicable to the airplane. 

Or 

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

recorder, that install datalink communications eouioment in production or install 

new datalink communication management hardware in retro-fit on or after April 7, 

2010, must record all datalink messages as required by the certrTicatlon rule applicat>le to 

the airplane. 
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Delta Air Lines, January 29.2001 

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This change will provide several favorable results. 

> It will clarify the trigger point where datalink recording will be required jn retro-fit 

installations. By focusing on the piece of hardware responsible for providing the actual 

datalink function, you are also pomting to the source of the recordable data stream. It will 

take the burden off the certification office for making decisions based on message content 

which may lead to inconsistencies in this decision. It provides an unambiguous path for 

operators to follow when making decisions concerning a CPDLC installation. 

The rule already exempts aircraft with existing (provisioned) communications 

management hardware possibly equipped with output ports available for recording, if the 

activation of the CPDLC does not roqubx further certification. This demonstrates tliat the 

FAA does not intend to cause operators who are considering activation of CPDLC 

provisions to incur unnecessary expense, to do so would be a self-defeating exercise and 

is in line with FAA policy "to do no harm". 

> It allows operators to proceed with FANS CPDLC implementations. Jf recording is 

mandated on aircraft with existing hardware capable of FANS implementations it will 

cause operators to stop installations. Tlie additional $50K required to replace 

communications management hardware sirnply because it does not have a recordable 

output may not be cost justified especially on older aircraft. It is well known that FANS 

CPDLC adds to safety and ATC conununications capacity. As an industry wc should 

provide incentive in order to promote the transition to CPDIX. 

> It insures that CPDLC associated with NextGen's DataComm or SESAR's Link 2000 

programs will be recorded on retro-fit installations after April 7, 2010. Since VDL inode2 

based CPDLC messages are processed by the communications management hardware, 

this equipment will need to be replaced as a function of meeting the requirements of these 

new programs. At that time the hanlware will have ports available to feed the DL-CVR. 

> EASA has released the European rule <^iangc for Link 2000. In this rule, F.ASA lias 

exempted aircraft with FANS CPDLC from complying with the Link 2000 requirements. 

Many operators have purchased FANS capability and are in the process of installing it on 

their international aircraft. Allowing this change will allow operators to receive the value 

of the money spent for this capability and n>eet tlie EASA requuemcnt. FANS CPDLC is 

not an optional capability like it was in 200S. 

D. Existing Gronnd Based Recording of CPDLC Commapications Mesaages Must be Leveraged 

As a note to NTSB, it must be pointed out here that messages sent over FANS are already being 

recorded on the ground. ITiis feet has been largely ignored in the past but must be considered. 

SITA, has stated that they record all datalink message traffic. The recordings dating back 90 days 

are immediately available. Recording beyond 90 days are backed up on tape. These recordings 

date back several years and can be retrieved within days. AIRINC, also quotes similar recording 

of messages and availability. With this in mind, the only message that would not be available on 

the ground recorder is a message that's stored in the aircraft's message queue that didn't get sent 

prior to file aircraft crashing. This would be a highly unlikely occurrence, (because you were in 

"no corom** for the medium being used) 
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Delta Air Lmes, January 29,2001 

Page <5 of 7 

From The Final Rule - Statement of Problem, "The problems encountered by the NTSB include 

the limited duration of CVR recordings preceding an incident, and the loss of power lo both. 

CVRs and DFDRs". The paragraph goes on to list eight accidents and incidents where the NTSB 

experienced these difficulties. Of the eight examples, one incident cites CVR recording duration 

and seven incidents cite a loss of power to the CVR & DFDR as the cause of their difliicuUy. Tlie 

rule goes oo to stare that the FAA agrees with NTSB recommendations A-96-89, A-96-171, A99-16, A-99-17 and A99-18 and has initiated the NPRM io response to them. No where in this 

list of NTSB recommendations is any mention of a request for airborne recording of datalink 

messages. No where is there an example where airborne recording of datalink messages would 

have aided in an investigation. No where is there an example showing ground recordings of 

datalink messages to be insufficient for incident investigations. 

The Rule goes on to say that the FAA believes the same issues arc of interest to ICAO, 

anticipating that the proposed changes will be incorporated into ICAO standards, making them 

applicable to airplanes r^stered worldwide. This has been the case for most of this rule; 

however, not so when it comes to airborne datalink recording. EASA, the only regulator with. a. 

rule for VDL Mode 2 based CPDLC (Link 20(X)), does not require airborne datalink recording for 

retro-fit aircraft. This should be seen as significant. In this case, the equipment necessary to 

implement the functionality of Link. 2000, especially on older aircraft, will have the output port 

necessary for recording the datalink messages. It must be recognized that this Regulator docs not 

perceive enough value in airborne datalink recording to require retro-fit implementation. In fact, 

the ICAO document proposes a datalink recording requirement for January 1. 2016, one year after 

the Link 2000 deadline making it a moot point. 
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Delta Air Lines, January 29,2001 

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E. Conclusion 

The requirement to implement retro-fit airborne datalink recording was never requested by the 

NTSB- Other Regulators do not perceive enough value in airborne datalink receding to require it. 

There are quantities of equipment that can be used for ACARS based CPDLC which must be 

utilized to encourage activations. By changing the wording in 14 CFR 121,359 (k) to the provided 

suggestion all VDL Mode 2 retro-fit installations will be recorded and existing contusion over tlie 

recording trigger point will be eliminated. 

14 CFR 121.359 (k) 

tk) Alt airplanes required by this part to have a cockpit voice recorder and a flight data 

recorder, that Install new datalink communication management hardware on or after 

April 7, 2010, must record all datalink messages as required by the certification njle 

applicable to the airplane. 

Or 

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

recorder, that install datalink communications equipment in production or Install 

new datalink communication manaoement hardware In retrO'fTt or or after April 7, 

2010, must record all datalink messages as required by the certification rule appllcatjie to 

the airplane. 

Thank you in advance for your attention to our request. If you have any questions or require any 

additional information or clarification, please contact me. 

Sinc-erely, 

Craig Amadeo 

General Manager - En^eering Standards & C^ief Engineer 

Dept. 567