AFS

- 16

- 11948

- E July 25, 2016

Exemption No. 11036 A Regulatory Docket No. FAA

- 20 14

- 0161

Mr. Alan Kasher Vice Present Flight Operations Southwest Airlines Company

2702 Love Field Drive / TOP

- 8FO

, P.O. Box 36611 Dallas, Texas 75235

Dear Mr. Kasher :

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

No. 11036 . It explains the basis for our decision , describes its effect, and lists the conditions

and limitatio ns.

The Basis for Our Decision

By letter dated April 29, 2016 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Southwest Airlines Company (Southwest ) for an extension of Exemption No. 11036

. That exemption from § § 119.49(a)(4)(ii) a nd 121.631(a) of Title 14, Code of Federal Regulations (14 CFR) allow s Southwest Airlines to conduct non

- scheduled supplemental operations using airports not listed in its operations specifications (OpSpec s ) , in accordance with the regulations applicable to domestic or flag operations as appropriate to the kind of operation being conducted , provided certain conditions an limitations are met . This exemption applies both inside and outside the United States

.

In your petition, you indicate that there has bee n 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 be cause 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. 11036 , as

am ended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(g), 40113 and 44701, which the FAA Administrator has delegat ed to me, I grant your petition, subject to the foll owing conditions

and limitations.

Conditions and Limitations

1. The certificate holder must maintain economic and operations specification authority to conduct domestic, flag and supplemental operations.

2. Each flight must be operated in accordance with all part 121 domestic or flag regulations, as applicable to the kind of operation being conducted.

3. In addition to the requirements of 14 CFR § 121.105, when conducting operations at airports not listed in the certificate holder’s operations specifications , the certificate holder must also comply with the requirements of § 121.139.

4. Prior to departure, for flights conducted at airports that are not listed in the certificate holder’s operations specifications, the certificate holder and the pilot in

command must verify that appropriate aeronautical charts containing adequate information concerning navigation aids and instrument approach procedures are aboard the aircraft for each flight.

5. Prior to departure, the certificate holder must ensure all required gr ound handling needs will either be available upon arrival or be provided by equipment and personnel traveling with the aircraft.

6. When conducting operations at foreign airports, flights must be conducted in accordance with flag regulations unless otherwis e specified in the certificate holder’s operations specifications.

7. When conducting operations outside of the United States, and the District of Columbia, or any territory or possession of the United States, the certificate holder will ensure that foreign airports meet ICAO Annex 14 SARPS.

8. The certificate holder must comply with the destination and alternate airport requirements of § 121.619 or § 121.621, depending on the kind of operation being

conducted.

9. In addition to the requirements of §§ 121.619 a nd 121.621 as applicable, when conducting operations to airports not listed in the certificate holder’s operations specifications, the certificate holder shall list at least one alternate airport for each3

destination airport in the dispatch release, unles s the requirements of subparagraphs a and b of Condition No. 9 can be met. This requirement mitigates the risk involved when conducting operations to airports not listed in the certificate holder’s operations specifications, without a destination alternate airport. This requirement also complies with ICAO Annex 6, part 1, SARP 4.3.4.3.1, which applies to destination alternate aerodromes (airports).

—

a. Two separate runways are usable at the estimated time of arrival at the destination airport. For the purpos es of this exemption, separate runways are two or more runways at the same airport, configured such that if one runway is closed, operations to the other runway(s) can be conducted; and

b. At least one of the usable runways has an operational instrument appr oach procedure.

10. The certificate holder may only exercise this exemption when conducting operations within the territory and airspace of a foreign country with the permission of the foreign civil aviation authority. This exemption does not exempt the

cer tificate holder from any regulations imposed by the foreign state.

11. When operating under the provisions of this exemption, the certificate holder shall list this exemption number in the dispatch release.

The Effect of Our Decision

Our decision extends E xemption No. 11036 , as amended, to September 30, 2019

, unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service