AFS

- 13

- 524

- E November 5, 2013

Exemption No. 8238 E

Regulatory Docket No. FAA

- 2003

- 16038

Mr. Alan Kasher

Director of Operations

Southwest Airlines

P.O. Box 36611

Dallas, TX 7 5235

Dear Mr. Kasher :

This letter is to inform you that we have g ranted your petition to extend Exemption

No. 8238 , as amended. It expl ains the basis for our decision, describes its effect, and lists the

conditions and limitations.

The Basis for Our D ecision

By letter dated August 15, 2013

, you petitioned the Federal Aviation Administration (FAA)

on behalf of Southwest Airlines ( Southwest) for an extension of Exemption No. 8238 , as

amended . That exemption from §§ 121.623(a) and (d), 121.643, and 121.6 45(e) of Title 14,

Code of Federal Regulations allows Southwest to conduct supplemental operations within the

48 contiguous United States and the District of Columbia using the flight regulations for

alternate airports as required by § 121.619 and the fuel reserve regulations as required by

§ 121.639 that are applicable to domestic operations.

In your petition, you indicate that 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.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register beca use the requested extension of the exemption would not set a

precedent, and any delay in acting on this petition would be detrimental to Southwest.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 8238 , as amended, remains valid with respect to this exemption and is in the public interest. Therefore,

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

has delegat ed to me, Southwest Airlines Company is granted an extension per its petition to

be exempted from § 121.623(a) and (d) , 121.643, and 121.645(e) to conduct supplemental

operations within the 48 contingent United States and the District of Columbia using flight

regulations for alternate airports as required by § 121.639 that are applicable to domestic

operations , subject to the following conditions and limitations.

Conditions and L imitations

1. Before initiating operations under this exemption, Southwest must amend its

operations specifications to comply with the following regulations applicable to

domestic air carrier operations;

a) Pa rt 121, subpart E, all sections;

b) Part 121, subpart G , § 121.135 ;

c) Part 121, su bpart M, §§ 121.385 and 121.395;

d) Part 1 21, subpart P, all sections;

e) Part 121, subpart T, §§ 121.533, 121.541, 121.551, 1 21.555, 121.557, and

121.569;

f) Part 121, subpart U, §§ 121.593, 121.599, 121.601, 121.607, 121.619,

121.6 27, 121.635, 121.637, 121.639, 121.659, and 121.663 ; and

g) Part 121, subpart V, §§ 121.683, 121.685, 121.687, 121.695, and 121.711.

2. Southwest must ensure that its aircraft dispatchers hold aircraft dispatcher

cert ificates issued under part 65, S ubpart C, and are properly qualified under

part 121, S ubpart P, before permitting those persons to serve in operations

conducted under this exemption.

3. Southwest must conduct its supplemental operations under this exemption

—

a) Within the 48 contiguous U nited States and the District of Columbia; and3

b) Except as provided in § 121.637 for unlisted airports, to, from, or between

those regular, provisional, refueling, and alternate airports listed in its

operations specifications or in a separate current listi ng, if that listing is

referenced in its operations specifications and is authorized by the

Administrator.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 8238 , as amended, to

January 31, 201 6

, unless sooner supersede d or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service