BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Joint Application of )

)

SOUTHWEST AIRLINES CO. and )

AIRTRAN AIRWAYS, INC. )

) Docket DOT-OST __________

under 49 U.S.C. § 40109 for renewal and )

reissuance of exemption authority ) 

(U.S. – MEXICO) )

_____________________________________ )

JOINT APPLICATION 

FOR RENEWAL AND REISSUANCE OF EXEMPTION AUTHORITY

Communications with respect to this document should be sent to:

Bob Jordan Robert W. Kneisley

 President Associate General Counsel

AIRTRAN AIRWAYS, INC. Leslie C. Abbott

2702 Love Field Drive Senior Attorney

Dallas, TX 75235-1611 SOUTHWEST AIRLINES CO.

 919 18th Street, NW, Suite 600

Washington, D.C. 20006 

 bob.kneisley@wnco.com

(202) 263-6284

September 24, 2013

NOTICE: Any person may file an answer to this Application in this docket and 

served on the persons listed above, on or before October 9, 2013. WE WILL POLL 

THE CARRIERS ON THE ATTACHED SERVICE LIST AND WILL NOTIFY THE 

DEPARTMENT OF THE RESULTS AS SOON AS POSSIBLE.
1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_____________________________________

Joint Application of )

)

SOUTHWEST AIRLINES CO. and )

AIRTRAN AIRWAYS, INC. )

) Docket DOT-OST __________

under 49 U.S.C. § 40109 for renewal and )

reissuance of exemption authority ) 

(U.S. – MEXICO) )

_____________________________________ )

JOINT APPLICATION 

FOR RENEWAL AND REISSUANCE OF EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. § 40109 and Subpart C of Part 302 (14 C.F.R.), Southwest 

Airlines Co. (“Southwest”) and AirTran Airways, Inc. (“AirTran”) hereby file this 

Application for Renewal and Reissuance of Exemption Authority with the Department of 

Transportation (“DOT” or “the Department”) to continue to provide scheduled foreign air 

transportation of persons, property, and mail between the following cities in the United 

States and Mexico:

(i) Atlanta, GA and Cancun

Baltimore, MD and Cancun Docket DOT-OST-2005-21134

(ii) Milwaukee, WI and Cancun Docket DOT-OST-2010-0146

(iii) San Antonio, TX and Cancun

San Antonio, TX and Mexico City

Orange County, CA (SNA)

1

and Mexico City

Orange County, CA(SNA)

2

and San Jose del Cabo Docket DOT-OST-2011-0205

(iv) Chicago, IL and Cancun Docket DOT-OST-2012-0001

 

1 2

SNA is the airport code for the John Wayne Airport in Santa Ana, California. In granting this

exemption authority, DOT designated AirTran to provide service to and from Santa Ana, California, 

consistent with the carrier’s application and with the U.S.-Mexico aviation agreement.
2

(v) Austin, TX and Cancun

Denver, CO and Cancun Docket DOT-OST-2012-0007

(vi) Denver, CO and San Jose del Cabo Docket DOT-OST-2012-0190

(vii) Austin, TX and San Jose del Cabo Docket DOT-OST-2013-0012

All of the above authorities were originally issued in the name of AirTran only. By 

Order 2011-11-17 (AirTran/Southwest Order Transferring Authority), the Department 

transferred all of the AirTran authorities to “AirTran and/or Southwest.”3 Consistent with 

this Order, the carriers request that the Department formalize this transfer in the 

reissuance of the above referenced exemption authorities in the name of “Southwest 

Airlines Co. and/or AirTran Airways, Inc” and consolidate the authorities into a single

docket. Service in the above referenced U.S. -- Mexico markets has been continuously 

provided by AirTran. This renewal will allow AirTran to continue serving these markets 

for the present time and will facilitate a smooth transition to Southwest service in its own 

name, which is currently expected to begin in 2014. 

Renewal and reissuance of the subject exemption authorities contained in this 

Application is in the public interest for the same reasons that supported the original 

issuance of the authorities. Specifically, AirTran’s service has provided consumers in all

of these markets with high-quality, low-cost travel options and low-fare competition. 

AirTran provides this service with Stage III Boeing 737-700 aircraft configured for 137 

seats. AirTran will continue to provide such service in the near term and the eventual 

conversation of flights on these routes to the Southwest brand will only increase the 

public benefits. With its extensive domestic network and long history of lowering fares 

 

3 Order 2011-11-17 issued on Sept. 15, 2011 in Docket No. OST-2011-0051.
3

and increasing competition, Southwest is well-positioned to generate significant 

economic and consumer benefits to both countries when it initiates U.S. -- Mexico 

service in its own name in 2014. 

AirTran and Southwest both hold certificates of public convenience and necessity 

authorizing each carrier to engage in scheduled air transportation. Accordingly, both 

carriers are fit, willing and able to provide the services for which they jointly seek to 

renew. In addition to the exemption authority referenced in this renewal application, 

AirTran also holds exemption authority to serve Aruba, The Bahamas, Bermuda, 

Dominican Republic and Jamaica. See Dockets DOT-OST-2009-0200 (Aruba), DOTOST-2009-0202 (Bahamas), DOT-OST-2010-0292 (Bermuda), DOT-OST-2010-0158 

(Dominican Republic), and DOT-OST-2009-0201 (Jamaica). As the largest U.S. 

domestic airline carrying over 100 million passengers annually, Southwest is manifestly 

fit to provide service as well.4 The carriers request that the Department take official 

notice, pursuant to Rule 24 of the Department's Rules of Practice, of all data on file with 

the Department necessary to establish AirTran and Southwest's fitness.

The requested renewal and reissuance of exemption authority is fully consistent 

with the United States – Mexico Air Transport Agreement (“Agreement”), as amended 

by the two governments on December 12, 2005. 

 

4

See, e.g., the Department’s 2011 Order Transferring Authority finding AirTran and Southwest fit to 

conduct operations as U.S. certificated air carriers. See Order 2011-11-17 issued on Sept. 15, 2011 in 

Docket No. DOT-OST-2011-0051, p. 5 and note 17. 
4

WHEREFORE, Southwest Airlines and AirTran Airways jointly request renewal

and reissuance of the above referenced exemption authority in the name of Southwest 

Airlines Co. and/or AirTran Airways, Inc. under 49 U.S.C. § 40109 for a minimum of two 

years to provide scheduled foreign air transportation of persons, property, and mail in 

the above referenced markets. 

Respectfully submitted,

______________________

Robert W. Kneisley

September 24, 2013
5

CERTIFICATE OF SERVICE

I hereby certify that on September 24, 2013, a copy of the foregoing was served 

via e-mail on the following persons:

msinick@ssd.com (Alaska Airlines)

francis.heil@aa.com (American Airlines)

Robert.wirick@aa.com (American Airlines)

sascha.vanderbellen@delta.com (Delta Air Lines)

robert.cohn@hoganlovells.com (Frontier Airlines)

Patrick.rizzi@hoganlovells.com (Frontier Airlines)

jhill@dowlohnes.com (JetBlue Airways)

robert.land@jetblue.com (JetBlue Airways)

jyoung@yklaw.com (Spirit Airlines)

dkirstein@yklaw.com (Spirit Airlines)

John.Fredericksen@suncountry.com (Sun Country Airlines)

dan.weiss@united.com (United Air Lines)

howard_kass@usairways.com (US Airways)

ben.slocum@usairways.com (US Airways)

pmurphy@lopmurphy.com (USA3000)

jegillick@zsrlaw.com (Virgin America)

barbara.russell@virginamerica.com (Virgin America)

susan.kurland@dot.gov

paul.gretch@dot.gov

esta.rosenberg@dot.gov

brian.hedberg@dot.gov

brett.kruger@dot.gov

info@airlineinfo.com

__________________________

Leslie C. Abbott