AFS

- 14

- 033

- E

May 6, 2014

Exemption No. 10818A Regulatory Docket No. FAA

- 2012

- 1349

Mr. Stephen M. Dickson Senior Vice President Flight Operations

Delta Air L ines, Inc.

1030 Delta Boul evard, Department 207 Atlanta GA, 30320

Dear Mr. Dickson :

This letter is to inform you that we have g ranted your petition to extend and amend Exemption

No. 10818 . It explains the basis for our decision , describes its effect, and lists the revised

condit ions and limitations.

The Basis for Our Decision

By letter dated October 25, 2013, you petitioned the Federal Aviation Administration (FAA)

on behalf of Delt a Airlines Inc. (Delta) for an a mendment to Exemption No. 10818. That amendment from § 91.9(a ) o f Title 14, Code of Federal Regulations (14 CFR) would allow a select group of Delta Senior Line Check Airmen Pilots to add Microsoft Surface Tablet as an approved device on the flight deck under certain conditions and limitations for the purpose of

conduc ting research into turb ulence mitigation and avoidance and extend the terminat ion date of exemption No. 10818 to enable continued research into turbulence mitigation and

avoidance.

The petitioner provided data and test results, satisfactorily demonstratin g that the Effective

Radiated Power of t he Microsoft Surface Tablet is not greater than that of the Apple iPad approved for use in exemption No. 10818, and therefore presents no greater risk of display

interference

.

In your petition, you indicate that the re has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.2

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

in the Federal Register because the requested extension of and amendment to the exemption would not set a precedent, and any delay in acting on this petition would be det rimental to

Delta

.

Our Decision

The FAA has determined that the justification for th e issuance of E xemption No. 10818 , as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 106(f), 40113 and 44701which the FAA Administrator has delegat ed to me, I gran t your petition to allow a select group of Delta

Senior Line Check Airmen Pilo ts to operate the Apple Ipad or Microsoft Surface Tablet

, WiFi

- only as approved device s on the flight deck under certain conditions and limitations for the purpose of conducting research into tu rbulence mitigation and avoidance

, subject to the following conditions and limitations.

Conditions and Limitations

1. Prior to start of the research program, Delta shall provide the names of the LCA pilots who will participate in the program and the date(s) each pilot was trained on the following operational controls

, to the Delta Certificate Management Office (CMO). Only those LCA identified and trained shall participate.

a. Use of the Apple iPad or Microsoft Surface Tablet is limited to non

- critical stages

o f flight. The Apple iPad or Microsoft Surface Tablet will be powered off and stowed below 10,000 feet.

b. No more than one Apple iPad or Microsoft Surface Tablet may be used at a time and must be used in either the Pilot’s or First Officer’s position (not b oth) on any given flight.

c. LCAs will ensure Bluetooth functionality is disabled on the Apple iPad or

Microsoft Surface Tablet

, prior to flight.

d. The Apple iPad or Microsoft Surface Tablet will not be used forward of the control column at any time during fl ight. This will ensure a separation of at least 18

inches between the Apple iPad or Microsoft Surface Tablet and Display Units.

e. If any Display Unit anomalies occur, the Apple iPad or Microsoft Surface Tablet will immediately be powered off and stowed for the duration of the flight.

2. This exemption applies only to use of Apple iPad or Microsoft Surface Tablet WiF i

only devices used during turbulence mitigation and avo idance research. No other

WiFi devices shall be used on the flight deck of placarded B737 NG aircraft, nor shall3

the Apple iPad or Microsoft Surface Tablet be used during flight for any other purpose. Further, this relief does not extend to any other placard or marking bey ond the flight deck placard which reads “USE OF WI

- FI DEVICES ON THE FLI GHT

DECK PROHIBITED WHEN ENGINES OPERATING FOR PURPOSE OF

FLIGHT.”

The Effect of Our Decision

Our decision amends Exemption No. 10818 and extends the termination date to October 31, 2015 unless sooner superseded or rescinded.

Sincerely,

/s/

Bruce DeCleene Acting Dep uty Director, Flight Standards S ervice