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

Page 1 of 3 Subject : Petition for Limited Time Ex emption 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 14C FR121.359(k) – Recording of datalink

messages.

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

Relief from the data link recording requi rements 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 t he build specifications for the aircraft; however, Airbus is unable to provide an installation upon factory delivery that meets the recording require ments of FAR 121.359(k).

In order to operate the aircra ft in their current configur ation without relief from the datalink recording requirement, Hawaiian mu st take measures to remove, disable

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

Page 2 of 3 Airbus has committed to the release of an FAA-approved service bulletin and the supply of parts to enable datalink reco rding on or about February 29, 2012. Hawaiian concluded an agreem ent with Airbus Americas Customer Services, Inc. on March 16, 2011 for the necessary service bulletin and parts.

With firm commitments received, Hawaiia n 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 bene fit the public as a whole:

The use of datalink communications, Cont roller Pilot Data Link Communications (CPDLC) and Automatic Dependant Surve illance (ADS) Future Air Navigation (FANS), provides an increase in safety because it reduces flight crew workload.

Datalink increases safety because it pr ovides 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 certai nty 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 datalin k communications will continue as it

does for those aircraft that had datalin k installed before the effective date

of the rules for which an exemption is requested.

2. Hawaiian does not currently hold an O perations Specification for datalink

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

with some aircraft of the same model el igible for datalink and others not, is a potential source of error. Allowing use of datalink across the whole fleet will facilitate flight crew traini ng that contributes to safety.Petition for Limited Time Exemption from 14CFR121.359(k) – Recording of Datalink Messages

Page 3 of 3 Additional Information

Airbus petitioned the USDOT on 11 J une 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 fr om Airbus a firm, definit e commitment as to when the necessary service bulletins would be av ailable in order to provide for data link recording. That commitment was subm itted to Hawaiian on February 24, 2011.

Summary

Hawaiian Airlines seeks, until De cember 31, 2012, exemption from 14CFR121.359(k) that requi res 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 docu mentation that datalink co mmunications helps reduce fuel consumption. The increase in safety made possible by datalink communication exceeds any remotely possi ble 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 Av iation Regulations requires addition of small amounts of wiring and software loading.

Therefore Hawaiian Airlines, Inc. respectfully requests ex pedited approval of this petition.