Subject: Petition for Exemption

Reference: Title 14 of the Code of Federal Regulations 121.359 and 73 FR 12542

Date: 9 February 2016

Dear Sir or Madam:

In accordance with the provisions of Title 14, Code of Federal Regulations (14 CFR) §11.63 and 

§11.81, American Airlines (AAL) petitions for a limited exemption from the flight recorder 

regulations of Title 14 of the Code of Federal Regulations 121.359 and 73 FR 12542, March 7, 

2008; Docket No. FAA-2005-20245. Specifically, AAL requests an exemption from the 

requirement for aircraft manufactured after December 6, 2010 to have datalink recording 

capability activated following a data communications equipment modification. This exemption 

will be for a limited period of time to allow AAL to utilize the safety benefits of CPDLC while 

managing the DLR equipage installation. We request the FAA process this exemption 

immediately with an effective date of January 1, 2016 through January 1, 2018 so as to facilitate 

AAL compliance with the DLR rule.

Background 

In 2008, the FAA promulgated several amendments to the flight recorder regulations of Title 14 

of the Code of Federal Regulations 121.359 and 73 FR 12542, March 7, 2008; Docket No. FAA2005-20245). Those regulations amended the requirements for cockpit voice recorders (CVR) 

and digital flight data recorders (DFDR) and affected certain air carriers, operators, and aircraft 

manufacturers. In amending the regulations, the FAA increased the duration of certain CVR 

recordings; increased the data recording rate for certain DFDR parameters; required the 

physical separation of the DFDR and CVR; required improved reliability of the power supplies to 

both the CVR and DFDR; and required that datalink communications to or from an aircraft be 

recorded if datalink communication (DLC) equipment is installed. The changes were based on 

recommendations issued by the National Transportation Safety Board (NTSB) following its 

investigations of several accidents and incidents, and included other revisions the FAA 

determined necessary. These changes to CVR and DFDR systems were intended to improve 

the quality and quantity of information recorded and retained for accident and incident 

investigations.

Since 2010, implementation of the Controller Pilot Data Link Communications (CPDLC) 

recording requirement has become more complex than anticipated. The FAA has been 

presented with a greater number of discrete aircraft equipment installations than expected when 

the rule was promulgated. As such, individual decisions on whether the recording rule applied 

have become difficult to make consistently within the scope of our original guidance. At issue 

are aircraft that were manufactured before the effective date of the rule (December 6, 2010) that 

require widely varying levels of additional CPDLC equipment or software to be fully functional.

The Applicable Regulations and Relief Sought

The regulation requires recordation of the data on the CVR, and was added to the CVR sections 

of various operating rules in 14 CFR. There are two guidance documents that apply to datalink 

communications. First, Advisory Circular, AC 20-160—Onboard Recording of Controller Pilot 

Data Link Communication (CPDLC) in Crash Survivable Memory, identifies CPDLC messages 
that may be approved for inclusion in an approved message set. The second guidance 

document is an FAA information bulletin, The FAA “Policy Regarding Datalink Communications 

Recording Requirements”, published in the Federal Register on March 2, 2015, updates and 

clarifies the circumstances that make the recordation requirement applicable to a specific 

aircraft. 

American Airlines seeks a limited exemption to the DLR rule for aircraft manufactured after 

December 6, 2010 for the purposes of utilizing domestic CPDLC which is a significant means to 

enhance safety, efficiency and capacity in the domestic national airspace system (NAS). 

American Airlines in partnership with FAA has invested in the Data Communications Program 

(Data Comm) which provides a data link between the ground and flight deck avionics for safetyof-flight air traffic control clearances, instructions, traffic flow management messages, flight crew 

requests, and reports. Data Comm has also become a core component of NextGen, as Data 

Comm provides needed enhancements for communication infrastructure. Data Comm is 

expected to reduce the impact of ground delays that result from airport reconfigurations, 

weather, and congestion; reduce communication errors; improve controller and pilot efficiency 

through automated information exchange; enable broader use of NextGen services (e.g.,

enhanced re-routes, trajectory operations); and increase controller productivity, leading to 

increased NAS capacity. This exemption would allow aircraft equipped in support of the Data 

Comm program through January 1, 2018 to have the rule implemented.

Without the requested relief AAL will not be able to comply with the rule which will result in 

approximately 125 737-800 aircraft being equipped with CPDLC that will need to have this 

capability deactivated thereby eliminating this safety-enhancing feature This exemption will give 

AAL time to complete our engineering synergies with US Airways and give AAL time to equip 

these aircraft with the new CVR. AAL has been proactive and added the new CVR to all new 

B737 deliveries beginning Oct 2015. After evaluation of the benefits of CPDLC, AAL plans to 

begin retrofit of updated CVRs in Q1 2023, with the fleet to be completed by the end of 2024.

.

Granting the Exemption Would be in the Public Interest

FAA has invested significant public funds and time readying their systems for this important step 

forward in the NextGen effort. Granting this Exemption assures that FAA’s investment has been 

both timely and usable by operators, and allows it to maintain its NextGen schedule. The limited 

time frame assures FAA that AAL will comply with the rule in a finite time period. 

Granting this Exemption would help to ensure that air service safety is enhanced which serves

the public interest. 

Granting the Exemption Would Not Adversely Affect Safety

Safety will not be adversely impacted if the FAA grants this petition because FAA would utilize 

airplane voice communication methods used safely today. The 2012 FAA analysis on the 

potential safety benefits arising from the implementation of CPDLC states, “These preliminary 

results indicated a significant potential for enhancing safety ... and a reduction in the duration of 

loss of communication between aircraft and air traffic control (ATC) when transferring ATC 

contact by using a reviewable message”.
The ability to send reviewable messages is expected to significantly reduce several 

communications errors, such as read-back and hear-back errors, lack of read-back and hearback, and audio interruptions. These types of communications errors impact ATC operations. As 

an example, failure to comply with an assigned altitude may result from not hearing the 

communication, hearing it incorrectly, or ATC not hearing a reply.

During the period of this exemption, datalink messages will be ground recorded and will provide 

the majority of information that is communicated between the aircraft and ATC. This information 

is available for post flight review and analysis. As CPDLC messaging is currently limited there is 

no risk of essential information not being ground recorded. As the message sets mature, 

American Airlines will be in a position to record these post our requested exemption date.

Conclusion

American Airlines respectfully requests a limited Exemption from the requirements of Title 14 of 

the Code of Federal Regulations 121.359 and 73 FR 12542, March 7, 2008; Docket No. FAA2005-20245 pertaining to the requirements for datalink recording that will commence on January 

1, 2016. Granting this exemption will allow American Airlines to utilize the safety-enhancing 

feature of CPDLC while managing the complexities of a merger with US Airways and taking 

advantage of established maintenance scheduling to allow an efficient retrofit program. We 

expect these aircraft to begin retrofit on or about the first quarter of 2023 and be fully compliant 

by the end of CY 2024. This timeframe permits installation that will coincide with other planned 

avionics modifications. We request the FAA process this exemption immediately with an 

effective date of January 1, 2016 through January 1, 2025 so as to facilitate AAL compliance 

with the DLR rule.

Sincerely,

Captain Brian Will

Director Airspace Optimization and Aircraft Technology

American Airlines

817-967-5315