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December21, 2012 U.S. Department ofTransportation Docket Operations, West Building Ground Floor Room W12-140 1200 NewJersey 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)

Pursuantto the provisions of 14 CFR § 11.61(b), Southwest Airlines Co. ("Southwest")respectfully submits this petition for exemption. (a) DesignatedEmployerRepresentatives: 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 CFRfrom which Southwest Airlines seeks exemption. and a briefdescription ofeach requested exemption: Pursuantto 14 CFR § 11.61, Southwesthereby petitions the Federal Aviation Administration ("FAA") for an exemption from the federal regulations enumeratedbelow and previously grantedpursuantto ExemptionNo. 10262. On January 20,2012, the FederalAviation Administration ("FAA") granted approval for the issuance ofa single operating certificate ("SOC") to Southwest. As part ofthat approval, the FAA required that Southwest and AirTran Airway, Inc. ("AirTran") operate pursuanttothe provisions ofthe Transition Plan and Southwest BridgingManual until the fmal merger and elimination ofthe AirTran partition. The SOC inthe name of"SouthwestAirlines Co. and/orAirTran Airways, Inc." was formally issued bythe FAA onMarch 1, 2012. Steps toward integration- including AirTran aircraft convertingto Southwest configuration and livery, and AirTran employees transitioningto Southwest

- is ongoing. The descriptions below specifically address the needs ofcontinuingto safely migrate AirTran employees to the Southwest operation.

Request Regulation Subject Description Number Permanently exempt AirTran employees from preemployment drugtestingrequirements. This exemptionPrewould continue in effect and applyto employees who have, 14CFR orwill, migrate, as appropriate, from AirTranto Southwest. 1 § 120.109(a) Employment TestingRequest Regulation Subject Description Number

Permanently exemptAirTran 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 AirTranto Southwest. Permanently exempt AirTran employees from drug and Drug and alcohol testingrecord checkrequirements. 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 ofreliefSouthwest seeks, and the reason Southwest seeks the relief: Southwest Airlines closed its acquisition ofAirTran on May 2, 2011. With the completion ofthe acquisition, AirTran became a wholly owned subsidiary ofSouthwest. Althoughthe FAA issued a single operating certificate on March 1, 2012, various aspects ofmerger integration will continue until all AirTran aircraft and employees have transitionedto Southwest. In furtherance ofaviation 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 ofother airlines. Portions ofthis petition for reliefbased 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 anunnecessary administrative and fmancial burdento the merged carrier. We also requestthatrequirements for employee education/trainingbe waived entirely, withrespect 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 ofthis waiver would allow for a continued smooth and orderly migration ofemployees from AirTran to Southwest without the excessive burden oftreating AirTran employees as 'new' Southwest employees. In addition, honoring the training and education offormer AirTran supervisory personnel, trained in signs and symptoms detection, creates a credible and effective deterrentthroughout the combined operating system. (d) The reasons why granting Southwestrequest 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 CFR40.25. Thus, all appropriate steps have been takenby AirTranto screen employees based on theirprevious testingrecords. Southwest, AirTran, and the FAA have invested significant resources to ensure a seamless transition throughout the acquisition and integration process for the safety ofcustomers 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 ofthe well-planned transition to a single certificate. For all ofthese reasons, it is in the public interestto grant Southwest's request for relief. (e) The reasons why granting the exemption wouldnot adversely affect safety, orhowthe exemption wouldprovide a level of safety at least equalto thatprovidedby the rule from which Southwest seeks the exemption:
In addition to the safety issues discussed above, the exemption would provide a level ofsafety 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 completedthe drugtesting 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 briefdescription ofthe nature ofthe exemption Southwest seeks:
Because the reliefrequested is identical to exemptions previously granted, and granting this petition will not set a precedent, good cause exists for an exemption from Federal Registerpublication and commentprocedures. Southwest and AirTran continue to integratepursuant to the TransitionPlan and SouthwestBridgingManual, andbelieve thatthere is no riskto safety andthatthe public interest will be servedby this request. Relieffrom pre-employment testing, testing history check andtrainingrequirements outlined in this petition have been grantedto other carriers thatmerged operations. (g)Any additional information, views or arguments available to support yourrequest: Southwest requests the FAA to make a final decision regarding this petition no later than May 31, 2013, the date on which ExemptionNo. 10262 expires. h) Ifyou wantto exercise the privileges ofyour exemption outside the United States, the reason why youneedto do so: Southwest is not seeking to exercise theprivilege ofthe exemption outside ofthe United States. Ifwe canprovide additional information orbe ofany other assistance, please contactthe undersigned, CarolynBeutler, Manager, Southwest Airlines Drug and Alcohol Program (214-792-4486), orPamela Childers, Southwest Airlines Drug andAlcohol Program ComplianceLead (214-792-4884). Thank you for your consideration ofthis petition. 

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