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 se ries aircraft for 18 months from the date of this letter without complying with the coc kpit 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 by2

February 29, 2012. The petitioner states that safe ty 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 (N TSB), Hawaiian must provide a copy of this exemption to the NTSB along with the data.3

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