Petition for Limited Time Exemption from 14CFR121.359(k) – Recording of Datalink Messages 

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Subject: Petition for Limited Time Exemption from 14CFR121.359(k) – 

Recording of Datalink Messages 

Contact Information 

Daniel C. Smith 

Principal Engineer 

Hawaiian Airlines, Inc. (Hawaiian) 

P.O. Box 30008 

Honolulu HI 96820 

Phone: (808) 835-3463 

Mobile: (808) 220-3797 

Email: dan.smith@hawaiianair.com

The specific sections of 14 CFR for which we seek relief: 

Hawaiian Airlines seeks relief from 14CFR121.359(k) – Recording of datalink 

messages. 

The extent of the relief we seek and the reason we seek relief: 

Relief from the data link recording requirements specified by 14CFR121.359(k) is 

sought until December 31, 2012 for the following Airbus A330-243 airplanes: 

Serial Number N-Registration Assigned Factory Delivery Date

1217 N383HA April 2011 

1259 N384HA October 2011 

Datalink communication is configured in the build specifications for the aircraft; 

however, Airbus is unable to provide an installation upon factory delivery that 

meets the recording requirements of FAR 121.359(k). 

In order to operate the aircraft in their current configuration without relief from the 

datalink recording requirement, Hawaiian must take measures to remove, disable 

or otherwise make datalink unusable. 
Petition for Limited Time Exemption from 14CFR121.359(k) – Recording of Datalink Messages 

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Airbus has committed to the release of an FAA-approved service bulletin and the 

supply of parts to enable datalink recording on or about February 29, 2012. 

Hawaiian concluded an agreement with Airbus Americas Customer Services, Inc. 

on March 16, 2011 for the necessary service bulletin and parts. 

With firm commitments received, Hawaiian is in a position to request this 

exemption for a limited time, namely until December 31, 2012 

The reasons why granting the exemption would be in the public interest; 

that is, how it would benefit the public as a whole: 

The use of datalink communications, Controller Pilot Data Link Communications 

(CPDLC) and Automatic Dependant Surveillance (ADS) Future Air Navigation 

(FANS), provides an increase in safety because it reduces flight crew workload. 

Datalink increases safety because it provides mitigation through automation for 

large height deviations, gross navigation errors and out-of-conformance flight 

plans. 

Use of datalink reduces the workload of air traffic controllers because of the 

direct communication and increased certainty of position reporting compared to 

voice communication. 

The reasons why granting the exemption would not adversely affect safety, 

or how the exemption would provide a level of safety at least equal to that 

provided by the rule from which we seek exemption: 

Granting the exemption, thus allowing the affected aircraft to use datalink, would 

not adversely affect safety for the following reasons. 

1. Ground-based recording of the datalink communications will continue as it 

does for those aircraft that had datalink installed before the effective date 

of the rules for which an exemption is requested. 

2. Hawaiian does not currently hold an Operations Specification for datalink 

communication for its A330 aircraft but has applied for one. A mixed fleet 

with some aircraft of the same model eligible for datalink and others not, is 

a potential source of error. Allowing use of datalink across the whole fleet 

will facilitate flight crew training that contributes to safety. 
Petition for Limited Time Exemption from 14CFR121.359(k) – Recording of Datalink Messages 

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Additional Information 

Airbus petitioned the USDOT on 11 June 2009 for exemptions to 14 CFR 

91.609(i)(1) and 121.359(j)(1) for the subject aircraft. That petition was denied. 

Hawaiian persistently sought from Airbus a firm, definite commitment as to when 

the necessary service bulletins would be available in order to provide for data link 

recording. That commitment was submitted to Hawaiian on February 24, 2011. 

Summary 

Hawaiian Airlines seeks, until December 31, 2012, exemption from 

14CFR121.359(k) that requires the recording of datalink messages. The 

exemption would apply to two new aircraft delivered in 2011. 

The exemptions would allow Hawaiian to use datalink communication – CPDLC, 

FANS, ADS – to facilitate efficient, safe operation. 

Additional Information 

Hawaiian is aware of documentation that datalink communications helps reduce 

fuel consumption. The increase in safety made possible by datalink 

communication exceeds any remotely possible benefit from datalink recording in 

the event of an aircraft accident. 

The aircraft will have recorders installed at delivery that are capable of datalink 

recording. Compliance with the Federal Aviation Regulations requires addition of 

small amounts of wiring and software loading. 

Therefore Hawaiian Airlines, Inc. respectfully requests expedited approval of this 

petition.