Petition for Exemption

- (FAR) §91.9(a) Delta Air Lines, Inc. December 4, 2015 Page 1


### BEFORE THE FEDERALAVIATION ADMINISTRATION WASHINGTON D.C.

Petition of: 

### DELTA AIR LINES, INC. OPERATING CERTIFICATE DALA026A For exemption ofcertain requirements of 

### 14C.F.R. §91.9{a) Docket FAA-2015-



### PETITION OF DELTA AIR LINES, INC. FOR AN EXEMPTION
Delta Air Lines, Incorporated, operating certificate DALA026A, hereby petitions the Federal Aviation Administration (FAA), pursuant to 14 C.F.R. Part 11 for partial relieffrom Federal Aviation Regulation (FAR) §91.9(a), provided certain conditions and limitations are met.


### Section ofthe FAR Affected: Section §91.9(a), Civil aircraftflight manual, marking, and placard requirements, states in pertinent part: "(a) Exceptasprovidedin paragraph (d) ofthis section, noperson may operate a civil aircraft withoutcomplying with the operating limitations specifiedin the approvedAirplane orRotorcraftFlightManual, markings, andplacards, oras otherwiseprescribedbythe certificating authorityofthe country ofregistry."


### Background: Delta has operated successfully for the last 18 months utilizing Wi-Fi and a web-based turbulence application on the 8737 aircraft during non-critical phases offlight while conducting research for the FAA. This was conducted under exemption 10818. During this time Delta has also deployed and validated a tablet device EFB for use by all pilots across all fleets. The EFB is now approved for use by Delta pilots through all phases of flight as documented in operations specifications paragraph A061. The EFB has proven to be a useful tool to supplement information required by regulation to include weather observations and forecasts. It is Delta's intention to allow pilots to use FAA approved web-based applications. To do this, access and connectivity to Wi-Fi on the aircraft is required. As previously discussed in the docket for exemption 10818, when Boeing transitioned to an upgraded display unit (Phase 2 to Phase 3) on the B737, it was discovered under some conditions that the phase 3 display unit was susceptible to RF interference.Petition for Exemption- (FAR) §91.9(a) Delta Air Lines, Inc. December 4, 2015 Page 2 When the FAA issued an STC to "GoGo" for installation of Wi-Fi connectivity on the B737 a limitation was added. The following textual excerpt was taken from the Additional Limitations and Conditions section ofthe FAA Approved Model List of ST02541CH: "HoneywellDisplay Unit (DU), PIN4091900-xxx (Example P/Ns 4091900-931, 4091900-932,4091900-933 and4091900-934), exhibitedsusceptibility during 4 watt EIRP Personal Electronic Devices (PEDs) wireless emission tests. Installation ofthe AirceiJABS on aircraft with these displays requires prohibition ofuse ofWi-Fi devices on the flight deck when engines are operating forthe purposes offlight." As a result ofthis STC, a placard to prohibit the use ofWi-Fi devices on the flight deck when engines are operating for the purposes of flight has been installed in all B737- 700/800/900 aircraft to ensure compliance. The placard wording is as follows: 

### "USE OF WI-Fl DEVICES ON THE FLIGHT DECK PROHIBITEDWHEN ENGINES OPERATING FOR PURPOSE OF FLIGHT" In July 2009, several qualification tests with respect to display unit flickering were conducted by Boeing. The qualification tests were conducted to determine the different frequencies, wattage, device type, and distance that would cause flickering ofthe display units. During these tests ofthe Phase 3 Display Unit (DU), some flickering was observed when the max power ofthe testing equipment (4 watts) was introduced. However, the typical Wi-FI transmission power in laptops is 32 mill watts, well below the 4 Watts that caused the flickering. Further, when Boeing performed Electro-Magnetic Interference/Radio Frequency Interference (EMI/RFI) tests ofthe Honeywell Phase 3 Display Units (DU) they developed recommended distances from the DUs for safe use ofwireless 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. Delta has validated Boeing'stesting by taking the proposed tabletdevises and operating them atthe recommended distances from the display while on the ground. There have been no display issues even when placing the device within 1 inch ofthe display. However, to account for the possible spike in wattage, Delta will maintain a distance of 18 inches from the display unitswhile in flight. This is easily trained and recognizable by not bringing the devices forward ofthe control column.Petition for Exemption- (FAR) §91.9(a) Delta Air Lines, Inc. December4, 2015 Page 3 

### Extentof Reliefand Reason In order to proceed with both providing FAA approved web-based information to the pilots (not for operational control decision making), and provide turbulence data information to the FAA, DAL is seeking a Petition for Exemption from CFR Title 14, Part 91.9(a), as it relates to the placard on the flight deck associated with a Supplemental Type Certificate (ST02541CH) issued to GoGo LLC. DAL is requesting relief for Delta 8737 pilots' use ofthe approved Surface Tablets EFB devices to access FAA approved web-based applications using the existing aircraft Wi-Fi connection. The relief requested would allow for use ofthe Wi-Fi only during non-critical phases offlight outside of Sterile Flight Deck. The tablet devices approved for EFB use in opspec A061 that exhibitWi-Fi connections ofan Effective Radiated Power ofapproximately40 mill watts (mw); far below those powers and frequencies that prompted the STC. The subject STC states thatthe display unitsonly "exhibited susceptibility during 4 watt EIRP Personal Electronic Devices (PEDs) wireless emission tests". The normal radiating power of the proposed demonstration tablet PC is approximately 100times less than the value identified to cause the display unitanomaly. The manufacturer ofthe tablet's transmitting device does state the possibility ofspike wattage of 350 mw which equates to only 0.35 watts. The 8737 are the only aircrafttype within Delta's fleet that have the cockpit display units and STC that are in question. Because ofthe numberofdisplay units in service and Honeywell's abilityto update the existing units, the process of replacement could take two to three years. This modification or replacement ofthe Phase 3 displays is impractical and would unnecessarily delay benefits to the public and potentially impact the schedule for the weather integration in the NextGen planning cycle. NextGen has been identified as being critical to our nation's infrastructure and its schedule is critical tothe benefits anticipated from a timely implementation.


### Request for expedited consideration:
DAL is also requesting that, as part ofthis Petition for Exemption request, the public comment phase be waived as perTitle 14 CFR Part 11.87(a) and (c), which states:
"The FAA maynotpublish a summary ofyourpetiUon for exemption andrequest comments ifyou presentor we findgoodcause why we shouldnotdelayaction on your petition. The factors we considerin deciding not to requestcommentinclude: (a) Whethergrantingyourpetition wouldseta precedent

... (c) Whether ourdelaying action on yourpetition wouldaffectyou adversely."Petition for Exemption- (FAR) §91.9(a) Delta Air Lines, Inc. December 4, 2015 Page 4

It is the opinion of Delta thatsince the mitigating actions remove the operational threat, there is no precedent being set with our request. Further, during the testing & demonstration period conducted under exemption 10818, there were no reported incidents offlickering or blanking ofthe display unit. The purpose ofthis petition is to continue to provide data to the FAA while also providing safety tools via FAA approved web based applications forthe pilots while maintaining significant procedures in place to mitigate any safety issues.

It is also the opinion of Delta that the use ofthis information available via these applications will result in useful information to the cockpitthatwill ultimately increase safety to the flightcrews, cabin crews, and the traveling public, such as turbulence information and weather updates. Turbulence is the leading cause of inflight injuries in commercial aviation. For example; pilots currently have limited turbulence and real time weather information at their disposal during flight. Their information is limited to eithertheir preflight information briefing material orthe information they receive via the ATC frequency. The intentof use of FAA approved web based applications is to provide near real-time information to the cockpitto enable the pilotto engage dispatchers and ATC to make proactive decisions. These proactive decisions would enhance aviation safety.

Continued Research The FAA Aviation Weather Division (AWD} has requested that Delta continue to provide turbulence data in a research effort to attemptto increase safety within the National Airspace System (NAS) by reducing passenger and cabin crew injuries due to unexpected turbulence encounters. The initial research with the FAA and Delta demonstrated that providing enroute turbulence information to dispatchers improved safety, fewer capacity constraints, and lower aircraft emissions. This new phase of research would provide the same information to flightcrews as is currently being provided to the dispatchers at Delta. Safety would be enhanced through improved knowledge ofturbulence events to the flightcrews.
The proposed effortwill quantify the benefits of providing enhanced turbulence forecast and near real-time aircraft derived turbulence reports to the aircraft. The pilots, through the use ofthe approved tablet device EFB and the onboard Wi-Fi connection, will be able to access and display turbulence information during non-critical phases offlight. An enhanced turbulence forecast model via an FAA approved application 

### will provide the flightcrew with relevant turbulence information that is currently unavailable to the cockpit. Having this information at their disposal will allow the flightcrew to better manage theirflight while reducing cockpit workload. It is anticipated that access to enhanced turbulence information wilt result in betterflight management, cabin management and overall safety ofthe operation.Petition for Exemption- (FAR) §91.9(a) Delta Air Lines, Inc. December 4, 2015 Page 5

Public Benefit With improved tools and knowledge, the flightcrews can better coordinate with controllers and dispatchers regarding weather and otherflight safety related information. This will result in better coordination with their cabin crews to provide advance warning of upcoming areas of turbulence and other significant events. The mostsignificant impact resulting from inflightturbulence encounters during commercial operations is injury to the passengers and cabin crew. The use ofone ofthe anticipated applications, the turbulence viewer application forexamplewill provide aircrews with atmosphericturbulence information priorto an actual turbulence encounter; thus increasing theirsituational awareness. Provisioning of better turbulence information on the flightdeck will lead to improved mitigation oravoidance procedures resulting in far fewer cabin injuries to passengers and cabin crew members. Delta's expectation is the programs and applications available to the pilots will enhance the experience ofthe traveling publicwhich will benefit thetotal airtransportation system. The implementation and continued data flow will provide the FAA important information on how to validate the improvements in the system and quantify operational and NAS benefits based on lessons learned from the data collected.

No Adverse Affect on Safety: Delta is seeking to allow 8737 pilots to use the approved tablet device EFB and Wi-Fi connection to access a FAA approved web-based applications on the flight deck during noncritical phases offlight. The web-based applications will enhance situational awareness. A well-defined and approved risk mitigation strategy will be in place during this operation. Delta will put in a place a risk mitigation strategy very similar to those approved by the FAA via the previously issued exemption 10818 that includes the following as a minimum:

a. The approved tablet device EF8 will not be used to view the applications below 

### 10,000 

### feet. b. The approved tablet device EFB will not be used forward ofthe control column at any time during flight, This will ensure a separation ofat least 18 inches between the EFB and Display Units. d. Ifany Display Unit anomalies occur, the pilot will immediately disable any Wi-Fi connection on the approved EFB for the duration ofthe flight.

e. This exemption applies to use ofapproved EFB Wi-Fi enabled devices for viewing FAA approved applications. No other Wi-Fi devices shall be used on the flight deck of placarded 8737 aircraft, Further, this relief does not extend to any other placard or marking beyond the 8737 flight deck placard which reads "USE OF WI-FI DEVICES ON THE FLIGHT DECK PROHIBITED WHEN ENGINES OPERATING FOR PURPOSE OF FLIGHT."Petition for Exemption- (FAR) §91.9(a) Delta Air Lines, Inc. December4, 2015 Page 6 

### DAL conducted an internal Safety Review Analysis ofthis proposal as partoftheir FAA approved Safety Management System (SMS) program. Based upon information obtained from Boeing, the FAA, GoGo, and Delta'stechnical operations' group, DAL's internal Safety Analysis concluded that, with the risk mitigation plan in place during the use ofthe web based Wi-Fi applications, there is no risktothe aircraft, the crew, orthe passengers
. During the previous docket petition, the FAA also considered thediscussion between Delta and Boeing. Delta requested a NoTechnical Objection (NTO) from Boeing and on October 24, 2012, Boeing responded to DAL's request with the following statement: "Boeing engineering has No Technical Objection (NTO) to Delta's proposed plan ofaction." Please contact Charles M. Schramek, General Manager QualityAssurance and Compliance, at (404) 715-1112ore-mail atchuck.schramek@delta

.com, if you have and questions or need additional information. Sincerely,

Step en M. Dickson SeniorVice President Flight Operations Delta Air Lines, Inc.

cc: JamesT. Giles, Jr, Principal Operations Inspector, Delta Certificate Management Unit- F AA

Attachments:Petition for

**Exemption~** (FAR) §91.9(a) Delta Air Lines, Inc. December4, 2015 Page 7 

### Summaryfor Federal Register

• Rule from which you seekthe exemption o DAL is petitioning for a two year exemption from CFR Title 14, Part 91.9(a), as it relates to the placard on the flight deck associated with a Supplemental Type Certificate (ST02541CH) issued to GoGo LLC.

• Briefdescription ofthe exemption o The current placard on the B737NG flight deck prohibitsthe use ofWi-Fi while the engines are operating forthe purpose offlight. 14 CFR Part 91.9(a) requires compliance with all aircraft markings and placards. In orderto allow use ofWi-Fi and FAA approved web-based applications and also to continue to provide turbulence informationtothe FAA, DAL is requesting relieffor 8737 pilots to access a

**Wi~Fi** during non-critical phases offlight using the existing aircraft Wi-Fi connection. The pilots will be using a low wattage Wi-Fi enabled FAA approved tablet device EFB.