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December 21, 2012 

U.S. Department of Transportation 

Docket Operations, West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Via Federal Express 

SOUTHWEST AIRLINES CO. 

Jeffrey P. Novota 

Attorney 

P. 0. Box 36611 

HDQ/4GC 

Dallas. Texas 75235-1611 

214/792-4497 

214/792-4086 (Fax) 

Pursuant to the provisions of 14 CFR § 11.61 (b), Southwest Airlines Co. ("Southwest") respectfully submits this petition 

for exemption. 

(a) Designated Employer Representatives: 

Carolyn Beutler 

Manager-Drug & Alcohol Program 

Southwest Airlines Co. 

P.O. Box 36611, HDQ/4HR 

2702 Love Field Dr. 

Dallas, Texas 75235-1611 

(214) 792-4486 (office) 

(972) 951-3866 (cell) 

Pamela Childers 

Drug & Alcohol Compliance Lead 

Southwest Airlines Co. 

P.O. Box 36611, HDQ/4HR 

2702 Love Field Dr. 

Dallas, Texas 75235-1611 

(214) 792-4884 (office) 

(214) 533-9418 (cell) 

(b) The specific provisions of 14 and 49 CFR from which Southwest Airlines seeks exemption. and a brief description of each 

requested exemption: 

Pursuant to 14 CFR § 11.61, Southwest hereby petitions the Federal Aviation Administration ("FAA") for an exemption from the 

federal regulations enumerated below and previously granted pursuant to Exemption No. 10262. 

On January 20,2012, the Federal Aviation Administration ("FAA") granted approval for the issuance of a single operating 

certificate ("SOC") to Southwest. As part of that approval, the FAA required that Southwest and AirTran Airway, Inc. 

("AirTran") operate pursuant to the provisions of the Transition Plan and Southwest Bridging Manual until the fmal merger and 

elimination of the AirTran partition. The SOC in the name of"Southwest Airlines Co. and/or AirTran Airways, Inc." was 

formally issued by the FAA on March 1, 2012. Steps toward integration- including AirTran aircraft converting to Southwest 

configuration and livery, and AirTran employees transitioning to Southwest - is ongoing. The descriptions below specifically 

address the needs of continuing to safely migrate AirTran employees to the Southwest operation. 

Request Regulation Subject Description Number 

Permanently exempt AirTran employees from preemployment drug testing requirements. This exemption 

Prewould continue in effect and apply to employees who have, 

14CFR or will, migrate, as appropriate, from AirTran to Southwest. 

1 § 120.109(a) Employment 

Testing 
Request Regulation Subject Description Number 

Permanently exempt AirTran employees from pre14 CFR Testing for employment drug testing requirements. This exemption 

2 § 120.35(a) Prohibited would continue in effect and apply to employees who have, 

Drugs or will, migrate, as appropriate, from AirTran to Southwest. 

Permanently exempt AirTran employees from drug and 

Drug and alcohol testing record check requirements. This 

3 49CFR Alcohol exemption would continue in effect and apply to 

§ 40.25 Testing employees who have, or will, migrate, as appropriate, from 

Records AirTran to Southwest. 

Permanently exempt AirTran employees from initial EAP 

14CFR EAP training for employees and initial supervisory training 

4 § 120.115(c) Training requirements. This exemption would continue in effect 

Program and apply to employees who have, or will, migrate, as 

appropriate, from AirTran to Southwest. 

(c) The extent of relief Southwest seeks, and the reason Southwest seeks the relief: 

Southwest Airlines closed its acquisition of AirTran on May 2, 2011. With the completion of the acquisition, AirTran became a 

wholly owned subsidiary of Southwest. Although the FAA issued a single operating certificate on March 1, 2012, various aspects 

of merger integration will continue until all AirTran aircraft and employees have transitioned to Southwest. 

In furtherance of aviation safety and for an orderly and compliant transition plan, Southwest researched recent large-scale airline 

mergers and acquisitions. This research included documentation available in the public record and private research benchmarking 

process improvement analysis of other airlines. Portions of this petition for relief based on the public record are neither unique 

nor precedent setting. Furthermore, the relief requested in this petition is consistent with previously granted Exemption No. 

10262. 

The AirTran covered employees who migrate to Southwest will be performing the same safety-sensitive functions for Southwest 

as they performed for AirTran. As established by precedent in previous mergers, and as noted in Southwest's previous petition 

for exemption (Exemption No. 1 0262), conducting pre-employment drug testing and testing history checks on former AirTran 

employees would not further contribute to aviation safety, and would merely serve as an unnecessary administrative and fmancial 

burden to the merged carrier. 

We also request that requirements for employee education/training be waived entirely, with respect to the acquisition, and that all 

previous AirTran employee qualifications be permanently honored for employees that have or will assimilate into Southwest. 

Similar to the pre-employment testing exemption requests, the granting of this waiver would allow for a continued smooth and 

orderly migration of employees from AirTran to Southwest without the excessive burden of treating AirTran employees as 'new' 

Southwest employees. In addition, honoring the training and education of former AirTran supervisory personnel, trained in signs 

and symptoms detection, creates a credible and effective deterrent throughout the combined operating system. 

(d) The reasons why granting Southwest request would be in the public interest: 

Southwest believes granting this request for relief would be in the public interest. Current AirTran employees, and former 

AirTran employees that have migrated to Southwest, who perform safety-sensitive functions have been screened for substance 

use and are now subject to Southwest's robust, ongoing, and comprehensive FAA-approved testing program. Therefore, the 

public interest already is served by ensuring that active substance abusers are detected and prevented from performing safetysensitive functions. In addition, AirTran employees, and former AirTran employees that have migrated to Southwest, who 

perform safety-sensitive functions have been screened for any prior drug and alcohol testing violations at actual and potential 

employers. These history checks were processed by AirTran, consistent with 49 CFR 40.25. Thus, all appropriate steps have been 

taken by AirTran to screen employees based on their previous testing records. 

Southwest, AirTran, and the FAA have invested significant resources to ensure a seamless transition throughout the acquisition 

and integration process for the safety of customers and the general public interest. The public interest has already been served by 
the on-going implementation of an orderly and compliant transition plan, further advancing the margin of aviation safety and 

regulatory compliance. Through an on-going, collaborative integration process directly including FAA participation and 

oversight, Southwest and AirTran actively shared information, procedures, and processes to establish an effective and thorough 

end-state program. Within this context, the public interest will continue to be served when common sense, practical exemptions 

are granted from the regulations. 

It is recognized that the mandated workplace drug and alcohol testing program is a critical part of the well-planned transition to a 

single certificate. For all of these reasons, it is in the public interest to grant Southwest's request for relief. 

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of 

safety at least equal to that provided by the rule from which Southwest seeks the exemption: 

In addition to the safety issues discussed above, the exemption would provide a level of safety at least equal to or greater than 

provided by the rule because the AirTran employees who perform safety sensitive functions already have been, and continue to 

be, screened for substance use through testing and checks for prior employment-related drug and alcohol testing violations. 

AirTran completed the drug testing and the required checks consistent with established federal procedures. 

(t) A summary we can publish in the Federal Register stating: (I) the rule from which Southwest seeks the exemption: 

and (2) A brief description of the nature of the exemption Southwest seeks: 

Because the relief requested is identical to exemptions previously granted, and granting this petition will not set a precedent, 

good cause exists for an exemption from Federal Register publication and comment procedures. Southwest and AirTran continue 

to integrate pursuant to the Transition Plan and Southwest Bridging Manual, and believe that there is no risk to safety and that the 

public interest will be served by this request. Relief from pre-employment testing, testing history check and training requirements 

outlined in this petition have been granted to other carriers that merged operations. 

(g) Any additional information, views or arguments available to support your request: 

Southwest requests the FAA to make a final decision regarding this petition no later than May 31, 2013, the date on which 

Exemption No. 10262 expires. 

h) If you want to exercise the privileges of your exemption outside the United States, the reason why you need to do so: 

Southwest is not seeking to exercise the privilege of the exemption outside of the United States. 

If we can provide additional information or be of any other assistance, please contact the undersigned, Carolyn Beutler, 

Manager, Southwest Airlines Drug and Alcohol Program (214-792-4486), or Pamela Childers, Southwest Airlines Drug 

and Alcohol Program Compliance Lead (214-792-4884). Thank you for your consideration of this petition. Southwew--

1/tov~