UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on October 23 , 2013



### NOTICE OF ACTION TAKEN

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__________ ______________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be iss ued in this matter).

Application of Southwest Airlines Co. (Southwest) and AirTran Airways, Inc. (AirTran)
, filed
9/24/13
, for:

XX Renewal and reissuance of exemption for Southwest and/or AirTran for two years under 49 U.S.C. 40109 to provide the follow ing service:

(i) Scheduled foreign air transportation of persons, property, and mail between points in the
United States and Aruba.

(ii) Scheduled foreign air transportation of persons, property, and mail between points in the United States and Nassau, Bahamas.

(iii) Scheduled foreign air transportation of persons, property, and mail between Baltimore, Maryland and Bermuda.

(iv) Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Do minican Republic.

(v) Scheduled foreign air transportation of persons, property, and mail between points in the United States and Montego Bay, Jamaica.

To facilitate the merger of Southwest and AirTran, and consistent with Order 2011

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- 17, the applicants re quest that the exemption authority originally issued to AirTran for certain services between the United States and the Caribbean, be renewed and reissued in the name Southwest
and/or AirTran. 1 The applicants state that this renewal and reissuance will all ow AirTran to continue serving the subject markets and will facilitate a smooth transition to Southwest

- operated service, which it plans to begin in 2014.

Applicant rep: Robert W. Kneisley (202) 263

- 6284 DOT Analyst: Brett D. Kruger (202) 366

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1 See Notice of Action Taken d ated January 28, 2013 , in Docket DOT

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- 0200 ( U.S.

- Aruba ); Notice of

Action Taken dated January 28, 2013 , in Docket DOT

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- 0202 ( U.S.

- Nassau, Bahamas ); Notice of Action

Taken dated October 11, 2012 , in Docket DOT

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- 0292 (Baltimore

- Bermud a); Notice of Action Taken dated June 1, 2012, in Docket DOT

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- 0158 (U.S.

- Dominican Republic); and Notice of Action Taken dated January 28, 2013, in Docket DOT

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- 0201 (U.S.

- Montego Bay, Jamaica). The applicants request that this authority b e consolidated into a single docket. We will grant this request, and in doing so, we will place a copy of this Notice of Action Taken in the original dockets where the authority is held. Subsequent requests and comments pertaining to this authority shall be f iled in Docket DOT

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.

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D I S P O S I T I O N

XX Granted (subject to conditions)

The above action was effective when taken: October 23
, 20 1 3

, through October 23 , 201 5

. Action taken by: Paul L. Gretch, Director
Office of International Aviation

XX The U.S.

- Aruba authority granted is consistent with the aviation agreement between the
United States and Aruba.

The U.S.

- Bahamas authority granted is consistent with the 1946 Air Transport Agreement between the United States and the United Kingdom, as amended, to which the Government of the Bahamas acceded upon its independence, and with the overall state of aviation relations between the United
States and the Bahamas.

The Baltimore

- Bermuda authority granted is consistent with the U.S.

- U.K. Air Services Agreement
of 19 77, as amended.

The U.S.

- Dominican Republic authority granted is consistent with the aviation agreement between the United States and the Dominican Republic of 1986 and the overall state of aviation relations
between the United States and the Dominican Re public

.

The U.S.

- Montego Bay authority granted is consistent with the aviation agreement between the
United States and Jamaica.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations
indicated:

X X Holders ’ certificate s of public convenience and necessity

XX Standard Exemption Conditions (attached)

________________________________________________________________________________________________________________ On the basis of data officially not iceable under Rule 24(g) of the Department's regulations, we found the applicants qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our
action was cons istent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not grante d, we denied all requests in the referenced
Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for review will

not alter such effecti veness.

An electronic version of this document is available on the World Wide Web at: http:// www.regulations.gov

### A TTACHMENT U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold a t all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for r eporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Departme nt Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, an d with all applicable U.S. Government requirements concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing

any new service (including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S . agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

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