AFS-11-252-E 

June 30, 2011 

 Exemption No. 10304 

 Regulatory Docket No. FAA-2011-0341 

Mr. Daniel C. Smith 

Principal Engineer 

Hawaiian Airlines, Inc. 

P.O. Box 30008 

Honolulu, HI 96820 

Dear Mr. Smith: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision: 

By your letter posted April 7, 2011, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Hawaiian Airlines, Inc. (Hawaiian), for an exemption from § 121.359(k) of 

Title 14, Code of Federal Regulations (14 CFR). This exemption, if granted, would allow 

Hawaiian the continued operations of two A330-243 series aircraft for 18 months from the date 

of this letter without complying with the cockpit voice recorder (CVR) requirement to record 

digital datalink communication messages. 

The FAA has determined that good cause exists for not publishing a summary of the petition in 

the Federal Register. The requested exemption would not set a precedent, and any delay in 

acting on this petition would be detrimental to Hawaiian. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10265 (copy enclosed), the FAA 

found that delaying introduction of these airplanes into service could result in a negative effect 

on commercial air service and the integration of newer, safer, more fuel-efficient airplanes in 

passenger service. Hawaiian stated that Airbus is committed to releasing an FAA-approved 

service bulletin and the parts necessary to enable datalink communication recording by 
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February 29, 2012. The petitioner states that safety would not be adversely affected as ground 

recording of the datalink communication messages will continue. Also, Hawaiian stated that an 

acceptable level of safety will be maintained in the A330-243 pilot training programs and the 

training will be consistent between A330-243 airplanes manufactured before and after 

December 6, 2010. The petitioner’s arguments for allowing continued operation of the 

airplanes without recording datalink communications are acceptable. Based on these 

considerations, the FAA has determined that it is in the public interest to allow introducing the 

subject aircraft into service. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 10265; 

 the reasons stated by the FAA for granting the enclosed exemption also apply to the 

situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision: 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, Hawaiian Airlines, Inc., is granted an exemption from § 121.359(k) to 

the extent necessary to allow Hawaiian to temporarily operate newly delivered A330 aircraft, 

subject to the conditions and limitations listed below. 

Conditions and Limitations: 

1. This exemption only applies to the following aircraft while registered to and 

operated by Hawaiian: 

Model No. Serial No. N-Registration No. Factory Delivery Date 

A330-243 1217 N383HA April 2011 

A330-243 1259 N384HA October 2011 

 

2. This exemption covers only the recordation of the approved datalink 

communication message set as required by 14 CFR § 121.359(k). 

3. A copy of this exemption must be retained with the operator’s airplane flight 

manual until all airplanes identified in this exemption have incorporated the system 

modifications. 

4. In the event of an accident or incident after which the CVR data must be sent to the 

National Transportation Safety Board (NTSB), Hawaiian must provide a copy of 

this exemption to the NTSB along with the data. 
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5. Following receipt of the requisite service bulletins, Hawaiian must provide to its 

principal avionics inspector a schedule for the completion of the new installations 

for each affected airplane. 

This exemption terminates on the sooner of the equipment installations and aircraft 

modifications necessary to bring the subject airplanes into compliance with 

14 CFR § 121.359(k) described above or 18 months after the date of the exemption, unless 

sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service 

Enclosure