800 Independence Ave., S.W. Wa shington, D.C. 20591
July 9 , 201 2 Exemption No. 8112 E Regulatory

Docket No. FAA
- 200 3
- 1 4563

Bob Jordan Presid ent of AirTran Airway s, Inc. 9955 AirTran Blvd. Orlando, FL 32827 Robert W. Kneisley Associate General Counsel of Southwest Airlines Co. 1901 LStreet, N.W. Suite 640 Washington, DC 20036 Dear Messrs. Jordan and Kneisley : This letter is to inform you th at 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 D ecision**  By letter dated April 23 , 201 2 , you petitioned the FAA on behalf of AirTran Airway s, 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 conduc t 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 My ers, 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
- ye ar period on August 14, 2003. The FAA subsequentl y granted several extensions in August 2005, September 2007, July

20 09, and June 2010 . In the absence of a further extension, exemption number 8112 D would expire on September 30, 20 1 2 . Your April 20 1 2 petition request s that the FAA extend the exemption for at least 2 additional years. In your petition, yo u indicate there has been no change in the conditions and reasons relative to public interest and safet y 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 2 4 , 201 2
. 77 FR 31064
. The comment period closed on June 13 , 201 2 , 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, 201 7
. The FAA has determined a 5
- ye ar extensi on 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 wh y the extensio n is in the public interest, on or before March 30, 201 7 . The FAA will publish that request for public comment to ensure full consideration of the public interest
. Therefore, under the authority provided b y 49 U.S.C. §§ 40113 and 44701, which the FAA A dministrator has delegated to me, Igrant 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 b y 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 b y 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, leas ed, 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, 201 7 , unless sooner supersed ed or rescinded. Sincerel y, /s/ Kathry n B. Thomson Chief Counsel