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 -- DOCKET DOT-OST-2013-0181 ________________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official 

indicated (no additional confirming order will be issued 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 following 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 Dominican 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 2011-11-17, the 

applicants request 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 allow 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) 366-8025

 1 See Notice of Action Taken dated January 28, 2013, in Docket DOT-OST-2009-0200 (U.S.-Aruba); Notice of 

Action Taken dated January 28, 2013, in Docket DOT-OST-2009-0202 (U.S.-Nassau, Bahamas); Notice of Action 

Taken dated October 11, 2012, in Docket DOT-OST-2010-0292 (Baltimore-Bermuda); Notice of Action Taken 

dated June 1, 2012, in Docket DOT-OST-2010-0158 (U.S.-Dominican Republic); and Notice of Action Taken dated 

January 28, 2013, in Docket DOT-OST-2009-0201 (U.S.-Montego Bay, Jamaica). The applicants request that this 

authority be 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 filed in Docket DOT-OST-2013-0181.
2

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, 2013, through October 23, 2015.

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 1977, 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 Republic.

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: 

XX Holders’ certificates of public convenience and necessity

XX Standard Exemption Conditions (attached) ________________________________________________________________________________________________________________

On the basis of data officially noticeable 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 consistent 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 granted, 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 effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
ATTACHMENT

U.S. Carrier Exemption Conditions

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

(1) Hold at 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 reporting 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 Department 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, and 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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