September 26, 2008

Exemption No. 9382A

##  Regulatory Docket No. FAA-2006-25466

Mr. Robert W. Kneisley

Associate General Counsel

Southwest Airlines Co.

1901 L Street, NW., Suite 640

Washington, DC 20036

Dear Mr. Kneisley:

This letter is to inform you that we have granted your petition to amend
Exemption No. 9382. It explains the basis for our decision, describes
its effect, and gives you the conditions and limitations, including the
date it ends.

# The Basis for Our Decision

By letter dated June 24, 2008, you petitioned the Federal Aviation
Administration (FAA) on behalf of Southwest Airlines Company (Southwest)
for an amendment to Exemption No. 9382. That exemption from
§§ 121.391(a) and 121.393(b) of Title 14, Code of Federal Regulations
(14 CFR) allows Southwest to substitute a pilot for one required flight
attendant crewmember during boarding at an intermediate stop and to
reduce the number of required flight attendants onboard during the
deplaning of passengers at an intermediate stop, subject to the
following conditions and limitations. The amendment you request would
allow Southwest to apply the relief to all stops and to substitute
another qualified crewmember for a required flight attendant at all
stops, if the crewmember is identified to the passengers.

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

Although you requested that action on your petition not be delayed for
publication in the [Federal Register]{.underline}, we found that the
petition, if granted, would set a precedent. Therefore, to allow an
opportunity for the public to comment on the petition, a summary of this
petition was published in the [Federal Register]{.underline} on July 9,
2008 (73 FR 39371). The FAA received two opposing comments from the Air
Line Pilots Association and the Association of Flight Attendants
reiterating their opposition to the initial grant of exemption.

The FAA has considered the petitioner's supporting information as well
as the comments submitted in response to the announcement in the
[Federal Register]{.underline}. Although the FAA does not agree that the
conditions at an intermediate stop are exactly the same as at all other
stops, due to the presence of already briefed passengers at an
intermediate stop, the FAA finds that an amendment to the exemption
would still provide a level of safety equivalent to that provided by the
regulations and the proposed amendment would be in the public interest,
if specific conditions and limitations are met.

The petitioner does not require an amendment to its existing exemption
to substitute another qualified crewmember for one of the required
flight attendants during passenger boarding. Only two types of
crewmembers are used in the petitioner's operation: pilots or flight
attendants. For the reasons stated in the original grant of exemption,
this exemption permits a pilot to substitute for a required flight
attendant during boarding. No other relief is required to substitute a
qualified flight attendant for another qualified flight attendant;
however, if the petitioner chooses to substitute another qualified
crewmember, the petitioner must meet certain additional conditions.

If the petitioner chooses to substitute another qualified crewmember, it
must ensure the substitute crewmember is prepared to conduct his or her
duties by having in his or her possession all required items, such as a
flight operations or flight attendant manual. The substitute crewmember
must also be identifiable to the passengers as a working "crewmember."

The petitioner must also ensure the use of a substitute crewmember does
not impinge on the duty and rest requirements of 14 CFR. The FAA has
previously stated via legal interpretation that pre- and post-flight
duties were contemplated as part of a duty period. See August 12, 2008,
FAA letter to Brent Harper, Southwest Airlines. Therefore, a substitute
crewmember is "on duty" while substituting for an assigned flight
attendant.

Finally, the FAA is not granting the petitioner relief from §
121.393(b). Section 121.393(b) addresses a reduction in required
crewmembers during a stop where passengers remain onboard. The
petitioner is requesting relief related to the flight attendants
required during passenger boarding and deplaning, which is covered by §
121.391(a), as interpreted in the May 8, 2001, memorandum by the
Regulations Division, FAA Office of the Chief Counsel, AGC-200
(enclosed). Therefore, the FAA is granting an exemption to § 121.391(a)
but not § 121.393(b).

# 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, Southwest Airlines Company
is granted an exemption from 14 CFR § 121.391(a) to allow Southwest to
substitute a qualified crewmember for one required flight attendant
crewmember during boarding at all stops and to reduce the number of
required flight attendants onboard during the deplaning of passengers at
all stops, subject to the following conditions and limitations.

# Conditions and Limitations

1.  Southwest, before conducting any operation under this exemption,
    must obtain amended operations specifications authorizing it to
    exercise the privileges of this exemption.

2.  Southwest, before conducting any operation under this exemption,
    must submit to and have approved by its principal operations
    inspector that Southwest has:

    a.  Developed approved procedures;

    b.  Satisfactorily conducted approved crewmember training in
        procedures specified in this exemption; and

    c.  Revised all affected Southwest manuals to include those
        procedures.

3.  In order to satisfy the requirements set forth in Condition No. 2,
    Southwest must include:

    a.  Approved procedures regarding the substitution of a qualified
        crewmember for one flight attendant during passenger boarding.
        The procedures must include at least the following:

        i.  An explicit requirement that the airplane engines must be
            shut down and at least one floor-level exit must remain open
            for the deplaning of passengers.

        ii. Functions to be performed by the substitute crewmember and
            remaining flight attendants in an emergency or situation
            requiring emergency evacuation.

        iii. Procedures to ensure the substitute crewmember is in
             possession of all required items before conducting his or
             her duties.

        iv. Procedures to identify the substitute crewmember to the
            passengers.

        v.  Procedures to ensure the certificate holder considers the
            time spent conducting pre-flight duties as "duty time."

        vi. Procedures to ensure that the substitution of a pilot for a
            flight attendant during passenger boarding does not
            interfere with the safe operation of the flight. When both
            pilots are required to perform preflight duties, passenger
            boarding must not commence until the flight attendants
            required by 14 CFR § 121.391(a) are on board the airplane.
            When substituting for a flight attendant during passenger
            boarding, the pilot must be located in the passenger cabin.

        vii. If the substitute is a pilot, procedures to ensure that
             other regulatory safety functions performed by a flight
             attendant, including but not limited to monitoring
             passengers during refueling, scanning passenger carry-on
             baggage during boarding, and verifying suitability of exit
             seat passengers, are being accomplished by the crewmembers
             remaining on the airplane.

    b.  Approved procedures regarding the reduction of required flight
        attendants during passenger deplaning. The procedures must
        include at least the following:

        i.  An explicit requirement that the airplane engines must be
            shut down and at least one floor-level exit must remain open
            for the deplaning of passengers.

        ii. An explicit requirement as follows: If more than one flight
            attendant is on board the airplane during passenger
            deplaning, the flight attendants shall be spaced throughout
            the passenger cabin to provide the most effective assistance
            to passengers in case of an emergency requiring an
            evacuation. If only one flight attendant is on board during
            passenger deplaning, that flight attendant shall be located
            in accordance with the air carrier's FAA-approved operating
            procedures.

        iii. Functions to be performed by the remaining flight
             attendants in an emergency or situation requiring emergency
             evacuation.

# The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9382 to
September 30, 2010, unless sooner superseded or rescinded. This letter
must be attached to, and is a part of, Exemption No. 9382.

Sincerely,

/s/

John M. Allen

Acting Director, Flight Standards Service

Enclosure