800 Independence Ave., S.W.

Washington, D.C. 20591

July 9, 2012

 Exemption No. 8112E

Regulatory Docket No. FAA-2003-14563

Bob Jordan

President of AirTran Airways, Inc.

9955 AirTran Blvd.

Orlando, FL 32827

Robert W. Kneisley

Associate General Counsel of Southwest Airlines Co.

1901 L Street, N.W. Suite 640

Washington, DC 20036

Dear Messrs. Jordan and Kneisley:

This letter is to inform you that the Federal Aviation Administration (FAA) has granted your 

petition to extend exemption number 8112, as amended, subject to the limitations expressed 

in this document. It explains the basis for the decision and describes its effect.

The Basis for Our Decision

By letter dated April 23, 2012, you petitioned the FAA on behalf of AirTran Airways, Inc.

(AirTran), for an extension of exemption number 8112, as amended. That exemption from 

14 C.F.R. § 93.123 allocated to AirTran three exemption slots to conduct scheduled 

operations at Ronald Reagan Washington National Airport (DCA). AirTran uses the 

exemption slots to augment its service from DCA to Atlanta, Georgia, Milwaukee, 

Wisconsin, and Fort Myers, Florida. By email dated July 6, 2012, you requested the

exemption be issued in the name of “Southwest Airlines Co. and/or AirTran Airways, Inc.” 

consistent with the single operating certificate issued by the FAA following AirTran’s

acquisition by Southwest Airlines Co. (Southwest).

The FAA originally granted exemption number 8112 to AirTran for a 2-year period on 

August 14, 2003. The FAA subsequently granted several extensions in August 2005, 

September 2007, July 2009, and June 2010. In the absence of a further extension, 

exemption number 8112D would expire on September 30, 2012. Your April 2012 petition 

requests that the FAA extend the exemption for at least 2 additional years. In your petition, 

you indicate there has been no change in the conditions and reasons relative to public 

interest and safety that were the basis for granting the original exemption.
2

The FAA published a summary of this petition for exemption in the Federal Register for 

comment on May 24, 2012. 77 FR 31064. The comment period closed on June 13, 2012, 

and the FAA received no comments.

Our Decision

The FAA has determined that the justification for the issuance of exemption number 8112, 

as amended, remains valid and is in the public interest. The exemption is extended through 

September 30, 2017. The FAA has determined a 5-year extension is appropriate for this 

non-controversial exemption because it provides certainty for AirTran and the flying 

public.1 If AirTran elects to seek a further extension of the exemption, it should submit its 

petition, along with the reasons why the extension is in the public interest, on or before 

March 30, 2017. The FAA will publish that request for public comment to ensure full 

consideration of the public interest. 

Therefore, under the authority provided by 49 U.S.C. §§ 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the amended conditions 

and limitations listed below. The FAA amends paragraphs 3, 4, and 5 to replace “AirTran” 

with “AirTran and/or Southwest” as requested.

Conditions and Limitations

1. A maximum of three total daily operations may be conducted under this exemption.

2. Operations authorized by this grant of exemption may be conducted only in the 

following local hours: 0700, 0800, and 0900. The FAA may adjust the time period 

of each operation if necessary for air traffic control or other operational purposes.

3. This exemption authorizes operations by only AirTran and/or Southwest, and no 

other carrier.

4. AirTran and/or Southwest must contact the FAA Slot Administration Office to 

confirm the scheduled operations and their frequencies under this exemption. 

5. This exemption will be rescinded if AirTran and/or Southwest discontinue scheduled 

operations at Ronald Reagan Washington National Airport.

6. The operations authorized under this exemption are not part of the pool of permanent 

slots at the airport. However these operations, while in effect, are subject to the 

provisions of 14 CFR part 93, subparts K and S, including the slot usage 

requirement, except that the authority may not be sold, leased, or otherwise 

transferred.

7. This letter must be attached to, and is part of, exemption number 8112.

 

1 A five-year term for a slot exemption is consistent with prior FAA practice. See Grant of Exemption to Air 

Canada from 14 CFR § 93.123(a), No. 10063, Docket No. FAA-2010-0101 (May 10, 2010).
3

The Effect of Our Decision

Our decision extends the termination date of exemption number 8112, as amended, to 

September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

Kathryn B. Thomson

Chief Counsel