FAA Docket 2007-0001 - 1

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U.S Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

Copy To:

Federal Aviation Administration

Regulations Division

Office of the Chief Counsel, AGC-200

800 Independence Avenue, S.W.

Washington, DC 20591

Submitted By:

Southwest Airlines Co.

2832 Shorecrest Drive

Dallas, TX 75235

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Shell Docket No.: FAA-2007-0001

Petition for Exemption From 14 CFR § 

121.139

Dated this 28th Day of January 2012

___________________________

Southwest Airlines Co.

Chief Inspector

Director of Maintenance

Chief Pilot

Director of Operations

Director of Safety
FAA Docket 2007-0001 - 2

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Pursuant to the provisions of 14 CFR § 11.63, Southwest Airlines Co. hereby requests 

an exemption from 14 CFR § 121.139 Requirements in its entirety for manual aboard 

aircraft: Supplemental operations. Southwest Airlines Co. keeps its manuals stored 

electronically via a web portal, such that the manuals may be accessed world-wide on 

the intranet. This ensures that the manuals are always current and accessible to all 

Southwest Airlines Co. personnel at every location at which we conduct scheduled,

unscheduled and supplemental operations. This process is supported by policies and 

procedures that provide alternative means by which any portion of required manuals may 

be obtained in the event the web portal is not accessible.

Since first being published to the Federal Register on December 31, 1964, 14 CFR §

121.139 has been amended four times to keep pace with evolving air carrier operations 

and the modernization of aircraft and technology systems. Over the years, 14 CFR § 

121.139 has also been the subject of numerous inquires and petitions, many of which 

address the same issues raised in this submission. Responding to a February 25, 2004

notice published in the Federal Register “asking the public to tell the Administrator 

which regulations should be amended, removed or simplified” (69 FR 8575), the Air 

Transportation Association of America, Inc. and the National Air Carrier Association 

Inc. (collectively representing thirty-six Part 121 Air Carriers, including Southwest 

Airlines Co.) submitted comments on May 25, 2004 which included petitions for deletion 

of 14 CFR § 121.139. Each of these industry dockets cited advances in technology and

communications, and 24/7 maintenance control centers as negating factors for the 

requirement to carry manuals onboard aircraft. In its response to industry and public 

comments, the Administrator rejected requests to delete 14 CFR § 121.139, stating in 

part that “[its] view is that the information in the manual must be available wherever 

the aircraft goes. For this reason, [the FAA was] not inclined to change the 

regulation.” (Federal Register / Vol.72, No. 122 / Tuesday June 26, 2007)

Southwest Airlines Co. concurs with the Administrator’s statement that the manual must 

be available at any location at which the operator conducts operations (scheduled, 

unscheduled or supplemental)and does not believe that this or the prior petitions 

suggest otherwise. That said, Southwest Airlines Co. believes the focus should be on 

the availability and accessibility of the manual, not necessarily the requirement that 

the manual be physically located onboard an aircraft. The notion that appropriate 
FAA Docket 2007-0001 - 3

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parts of the manual should be physically located on the aircraft because an operator’s 

personnel may not otherwise have access to the manual’s contents could be viewed as 

outdated, particularly in light of advances in global electronic connectivity and 

technology generally. Southwest Airlines Co. maintains robust and redundant data and 

communication systems, along with requisite processes and procedures that ensure

availability of the manual or appropriate parts of the manual to –

1) Its appropriate ground operations and maintenance personnel;

2) Crewmembers; and

3) Representatives of the Administrator assigned to it.

(14 CFR § 121.137)

These data and communication systems are available virtually worldwide using modern 

technology. In order to comply with 14 CFR § 121.139(a), Southwest Airlines Co.'s 

current practice is to ensure a mobile device with the “downloaded appropriate parts 

of the manual” is located on each aircraft. While this arrangement ensures Southwest 

Airlines Co. complies with 14 CFR § 121.139(a), the updates to the mobile device must 

be manually uploaded (i.e., updates to the manual are not uploaded to the mobile 

device in real time). This creates the unavoidable possibility that there may be a 

delay between an update to the manual and the time at which such update is uploaded to 

the mobile device. In this scenario, public safety and Southwest Airlines Co.’s

normal high standards are compromised since Southwest Airlines Co. personnel referring 

to the manual contained on the mobile device could unknowingly be relying on outdated 

material. The use of the Southwest Airlines Co.’s web portal via the intranet 

completely eliminates the possibility of error of relying on outdated material while 

still meeting the Administrator’s requirement of having the information in the manual 

available anywhere the aircraft goes. Allowing the information to be accessed in only 

one form may in fact be more compromising to the flying public in that it is not real 

time and may result in lengthy delays if there are difficulties in uploading the 

manual to the mobile device.

Southwest Airlines Co. believes that 14 CFR §§ 121.131, 121.133, 121.135, 121.137 and 

121.141 clearly articulate the FAA’s “regulatory objective” (Executive Order 13563, 

Sect 1 (b)) in ensuring each certificate holder prepares, maintains and distributes 
FAA Docket 2007-0001 - 4

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its manual, with specific content, to its personnel conducting and supporting flight 

operations. These rules have no boundaries or stipulations as to when they apply, but 

rather, they apply to “all certificate holders” (14 CFR § 121.131) regardless of where 

they are operating. Therefore, a separate rule mandating that the manual be carried 

onboard during specific operations (14 CFR § 121.139) is “inconsistent, incompatible 

and duplicative with other regulations” (Executive Order 12866, Section 1 (b) (10)).

14 CFR § 121.139 does not “protect or improve the health and safety of the public” as 

stipulated in Executive Order 12866, Section 1 (a). Rather, Southwest Airlines Co. 

contends that it is in the Public interest to embody a more reliable mean of data 

acquisition. By acquiring necessary data electronically Southwest Airlines Co. will 

have the ability to decrease unnecessary maintenance and flight schedule delays, 

without compromising safety. This operational impact would be a direct benefit to the 

flying public by replacing an antiquated system with a more accurate, timely and 

viable solution. In April 2011 the Department of Transportation issued a press 

release that outlined further expansions of the Passenger Bill of Rights. In addition 

to other items, the expansions focus on lengthy tarmac delays. It is the opinion of 

Southwest Airlines Co. that the spirit of the expansion is to protect the flying 

public from any unnecessary delays, lengthy or otherwise. Considering that granting 

an exception from 14 CFR 121.139, allowing Southwest Airlines to access the 

information via the web portal, allows the public safety to be better protected from 

human error and also supports the spirit of the Passenger Bill of Rights in that 

potential delays in accessing the manual will be averted. 

Southwest Airlines Co. seeks exemption from 14 CFR 121.139 in its entirety not only 

for the purpose of having a more reliable means of acquiring real-time data, but also 

as a means to better serve its flying public. 

Additionally, while Southwest Airlines Co. is currently a domestic carrier, it is our 

intention to fly outside of the United States and exemption of 14 CFR 121.139 would 

allow Southwest Airlines Co. to provide the same level of safety and service 

internationally that it has provided domestically to the flying public for over 40 

years. 
FAA Docket 2007-0001 - 5

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Exemption of 14 CFR § 121.139 in its entirety will allow both Southwest Airlines Co.

and regulators to focus on keeping the United States Air Transportation System safe, 

relevant and viable in the face of significant global economic challenge.

While Southwest Airlines Co. recognizes and appreciates that the Administrator’s 

docket has many high priority items, we respectfully request an expedited review and 

response to this exemption petition.

Submitted by:

Southwest Airlines Co.

Dallas, TX

Communications with respect to this petition should be directed to:

Christian Toro 2832 Shorecrest Drive

Chief Inspector/Director Quality Control Dallas, TX 75235

214-792-2667 Office

Christian.toro@wnco.com