UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, DC

Issued by the Department of Transportation on April 24, 2015

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2015-0084 _______________________________________________________________________________________________________________________________________

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) filed 4/14/15 for:

XX Exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Denver, Colorado, and Puerto Vallarta, 

Mexico.

1

Applicant representative: Robert W. Kneisley (202) 263-6284 

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: April 24, 2015, through April 24, 2017.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and Mexico.

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

XX Holder’s certificates of public convenience and necessity 

XX Standard exemption conditions (attached) 

Remarks: We acted on this application without awaiting expiration of the 15-day answer period with the consent of all 

parties served. 

Conditions: The U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements set forth in 

condition 7 of Appendix A of Order 88-10-2. Consistent with our standard policy, the dormancy notice period will begin on 

November 2, 2015, Southwest’s proposed start-up date for the subject service.

__________________________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant 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

 1 Southwest states that it intends to begin operating the flights on or about November 2, 2015. 
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.

 

1/2008