Ryan International Airlines 

4949 Harrison Ave. 

Rockford, IL 61108 

October 21, 2011 

Docket Operation 

U.S. Department of Transportation 

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

Washington, DC 20590 

Subject: Petition for exemption to 14 CFR§121.359(j)(4), Amendment 121-349 for a portion of 

Federal Aviation Regulation Part 121-359 – Cockpit Voice Recorders for Airbus A330-343 

Aircraft MSN 1231 operated by Ryan International Airlines. 

Reference: 

Attachment ‘A’ - Current FAR rules 121-359 (j)(4) –Cockpit Voice Recorder Regulations (CVR), 

final Rule. 

Attachment ‘B’ – Airbus Comments to docket No. FAA-2005-20245. Notice No. 10-01, 

extension of the compliance date for cockpit voice recorder and digital flight data recorder 

regulations. 

 Ryan International Airlines, a FAR 121 Operator is requesting this exemption to part 121-359 

(j)(4) amendment 121-349 – Cockpit Voice Recorders. Please reference the regulation in 

attachment “A” to this document. 

 This regulation is applicable to all aircraft operated under FAA operational regulation (Nregistered aircraft or under Airworthiness Authorities following FAA operational rules), through 

FAA Part 121. Ryan International Airlines is planning to receive its first A330-343 aircraft MSN 

1231, and has been informed by the aircraft manufacturer (Airbus) that the current configuration 

of the aircraft will not comply with the requirements of the datalink messaging specified as it was 

originally configured to EASA requirements for FANS-A+ datalink functions. Airbus has 

previously commented on the time period to implement datalink messaging and has previously 

submitted information to explain the complex retrofit to the airframe in order to comply with the 

ruling by the deadline specified (Attachment B). 

The retrofit options to make the aircraft capable of meeting the regulation are not currently 

available, but are being worked by the manufacturer and will be installed once released. Those 

options will include replacing the ATSU and software, installing a new CVR LRU, and activating 

the datalink recording functions which could possibly include a wiring retrofit or data bus change 

on the aircraft. There are currently no available approved options at this time, to meet the datalink 

message recording requirements specified in the FAR as listed. 

Therefore, Ryan International Airlines respectfully requests an exemption to these rulings until 

such time as the retrofits and components are available from the aircraft manufacturer, which we 

expect to be available prior to December, 2012. Once these are available, the aircraft can be 

retrofitted to the approved configuration to meet datalink message recording, required by the 

regulation. We have queried the manufacturer for the exact date of the release of these service 
October 19, 2011 

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bulletins and expect to have that information available soon, but are under the impression it will 

not be prior to our technical acceptance of the aircraft. 

 This exemption, if granted, would allow Ryan International Airlines to benefit from the use of 

CPDLC capability on the aircraft for approximately 13 months or less, within the FAA’s oceanic 

and remote airspace and outside U.S. allocated airspace with datalink services are provided, and 

Air Navigation Service Providers (ANSP’s) would be able to sustain current levels of safety. It 

would allow Ryan International to compete as a small business organization, provide more 

environmentally friendly routes, allow the aircraft to minimize fuel consumption, emissions, and 

compete with other airlines outside the country. 

 This exemption request is in interest of the United States public, as Ryan International airlines 

is a operator which provides support of government contracts and scheduled DOD flights, in 

addition to transporting US passengers to their destinations for business and tourism. Not 

allowing the use of CPDLC applications will no doubt have an adverse effect, causing distress to 

the airline through additional fuel consumption, environmental impact, operational routes, and 

require additional flight crew burden to operate radios on long range flights. 

 Please contact Ryan International Airlines if you any questions or need additional information 

to provide this exemption. 

Sincerely, 

Gerald (Jim) Miller 

Avionics Systems Engineer 

Ryan International Airlines 

JimMiller@flyryan.com 

Tel: 520-940-2179 

Fax: 520-844-1188 

CC: Mr. John Medeiros 

 Director Of Quality 

 Ryan International Airlines 

 

 Edy Mentor 

 Principal Avionics Inspector 

 Federal Aviation Administration 

 Chicago Flight Standards District Office