AFS-16-2567-E March 16, 2016

Exemption No. 15466 Regulatory Docket No. FAA-2005-22457

Mr. Alan Kasher Managing Director/Director of Operations Regulatory Programs & Compliance Southwest Airlines Company

2702 Love Field Drive / TOP-1DO

P.O. Box 36611 Dallas, TX 75235

Dear Mr. Kasher:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated October 22, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Southwest Airlines Company (Southwest), for an exemption from § 121.619(a)(1) and (2) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Southwest’s certificated di spatchers and pilots in command (PICs) to dispatch aircraft to domestic airports without designating an alternate for the destination airport where for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport the appropriate weather reports or forecasts, or any combination of them, indicate the ceiling will at least be 1,000 feet above the airport elevation and visibility will be at least 3 statute miles for airports utilizing Category (CAT) I authorizations or the visibility will be at least 2 statute miles for airports utilizing CAT II or CAT III authorizations. This is a reinstatement of Exemption No. 8654 (Docket No. FAA-2005-22457), which expired on January 31, 2010; therefore, we are treating your request as a new petition.2

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Southwest.

The FAA has issued a partial grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8653 (copy enclosed), the FAA found that the accuracy of w eather forecasts and the ability to monitor the actual weather conditions have improved from the accuracy available in 1980. However, the FAA also found that weather forecasts are, on occasion, inaccurate compared to the actual

weather.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 8653;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8653 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Southwest Airlines Company an exemption from 14 CFR § 121.619(a)(1) and (2) to the extent necessary to allow Southwest’s certificated aircraft dispatchers and their PICs to dispatch flights to domestic airports without designating an alternate for the destination airport where for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport the appropriate weather reports or forecasts, or any combination of them, indicate the ceiling will be at least 1,000 feet above the airport elevation and visibility will be at least 3 statute miles for airports utilizing CAT I authorizations or the visibility will be at least 2 statute miles for airports utilizing CAT II or CAT III authorization, subject to the following amended conditions and limitations.

Conditions and Limitations

1. Before conducting operations under this exemption, Southwest must obtain an updated Operations Specification (OpSpec) A005 (Exe mptions and Deviations) that provides for operations for this exemption.

2. Operations under this exemption are limited to only those destination airports in the 48 contiguous States and the District of Columbia.

3. Operations conducted under this exemption must use a current and qualified aircraft dispatcher.3

4. Operations under this exemption are limited to only those airports at which an operable instrument landing system (ILS) procedure is published. Alternate minimums are predicated on the following table:

Table – Alternate Minimums (Ceiling and Visibility Required)

Operable ILS Ceiling Required Visibility Required Category I 1,000 feet above ground level (AGL) 3 statute miles Category II 1,000 feet AGL 2 statute miles Category III 1,000 feet AGL 2 statute miles

5. Before conducting operations under this exemption, Southwest must demonstrate to its assigned FAA POI’s satisfaction that:

a. Each Southwest dispatcher has a system available to display the location of each flight within 3 minutes of real time;

b. Each Southwest dispatch facility has a system that provides its dispatchers with overlays of weather returns updated at least once every 5 minutes;

c. Each Southwest dispatch facility has a system that provides its dispatchers with a display of the specific aircraft routing as assigned by air traffic control (ATC) and actual filed flight plan routing;

d. Each Southwest dispatcher must have the capability to expeditiously recompute projected arrival fuel from a “point aloft” to the intended destination in the event conditions, including those required to be reported in condition 8 below, occur that negatively impact the flight;

e. Each Southwest dispatcher must have data available that will show aircraft status, including the aircraft capability to conduct CAT I, CAT II, or CAT III operations as applicable to the exemption being used;

f. Each Southwest dispatcher has a system available to display locations of other airborne aircraft including aircraft of other operators;

g. Each Southwest dispatch facility has a system available that provides its dispatchers with a display of planned and actual fuel at regular intervals along the route and the difference between planned and actual fuel;

h. Each Southwest dispatch facility has a system available that automatically alerts its dispatchers to special weather updates, changes in weather reports, and forecasts and/or other significant weather-related reports and ensures that these can be relayed to flight crews in an expeditious manner;

i. Each Southwest dispatcher is provided the capability to access the services of a qualified meteorologist approved by the POI whenever the dispatcher believes4

that consultation is necessary to ensure safety of operations under this exemption. The presence of an approved Enhanced Weather Information System program satisfies this requirement; and,

j. Each dispatch release issued in accordance with this exemption will contain a

statement such as “ALTERNATE WEATHER EXEMPTION APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FLIGHT OPERATIONS MANUAL, GENERAL OPERATIONS MANUAL, ETC.).” The certificate holder may choose to use other wording if desired, but the meaning must be clear.

6. The reporting requirements of the flight crew s listed in Condition No. 8, Mandatory Pilot Reports, and the required dispatch flight pl anning and tracking systems in Condition No. 5 must be used to determine the feasibility of dispatching the flight under this exemption and/or continuing the flight dispatch.

7. Approved Procedures. If the use of these systems, reports, or the occurrence of other factors indicate that the conditions under which the flight was originally dispatched have changed and may negatively impact the flight, the dispatcher and flight crew must reevaluate the continued operations of the flight using approved procedures, and if necessary, agree on an alternate plan as soon as practicable after the occurrence of any of the following:

a. En route holding or delaying vectors, airspeed changes, altitude changes, or reroutings;

b. Unplanned or sustained use of deicing and anti-icing systems or other factors directly relating to fuel consumption that may have a negative effect on trip fuel requirements; or,

c. The deterioration of destination weather below a 1,000-foot ceiling and 1-mile visibility if using an exemption that requires for at least 2 statute miles visibility as listed in the Table above.

8. Mandatory Pilot Reports. Pilots will notify di spatch as soon as possible in the event of any of the following:

a. Lateral deviation from the planned route by greater than 100 nautical miles;

b. Vertical deviation from the planned altitude by greater than 4,000 feet;

c. Estimated time of arrival will exceed planned by greater than 15 minutes;

d. Fuel consumption in excess of planned that may have a negative effect on trip fuel requirements;

e. Fuel system component failure or apparent malfunction that may have a negative effect on trip fuel requirements;5

f. The flight encounters weather significantly different than forecast, to include turbulence;

g. The flight is assigned en route or arrival holding; or,

h. Unplanned or sustained use of deicing or anti-icing systems.

9. Southwest must maintain CAT I (OpSpec C052) / CAT II / CAT III (OpSpecs C059 & C060) ILS approach authorization (as applicable) for those aircraft to which this exemption would apply, and each aircraft must have fully operating equipment needed for the appropriate CAT I/CAT II/CAT III ILS approach for that aircraft to operate under this exemption.

10. At the time of dispatch, the flightcrew mu st be qualified to conduct a CAT I/CAT II/CAT III ILS approach to published minimums (as applicable). PICs with less than the requisite minimum hours specified in § 121.652 cannot be used in operations under this exemption, unless the operator also holds Exemption No. 5549, the PIC has been trained in accordance with the requirements of that exemption, and all the conditions specified by Exemption No. 5549 are met.

11. Operations are not permitted under this exemption at any airport at which thunderstorms are reported or forecast from 1 hour before through 1 hour after the estimated arrival time if such reports or forecasts are in either or both the main body or the remarks section of the weather report or the weather forecast. Furthermore, Southwest cannot use Exemption No. 3585 (as amended) issued to Air Transport Association of America, Inc., members (including Southwest) or any subsequent ex emption granting similar relief regarding any kind of forecast of thunderstorms at the destination airport in conjunction with any operation conducted under this exemption. Each certificated Southwest dispatcher and PIC, who conducts operations under this exemption, must be provided with a copy of pertinent parts of this exemption. Operations under this exemption are permitted by Southwest dispatchers and Southwest PICs but are not required.

12. Use of this exemption in operations to destinations outside the contiguous United States is prohibited. Southwest is authorized to use this exemption in operations to airports within the 48 contiguous States and the District of Columbia from airports outside those boundaries provided Southwest also holds OpSpec A012 (part 121 Domestic Operations to Certain Airports Outside the 48 Contiguous States and Alaska) and operations conducted in accordance with the appropriate provisions of that OpSpec as they pertain to operations from Alaska and/or airports listed in the Table thereof.

13. Southwest must provide the Administrator, by the 15th day of each month, reports that include the information listed below, during the preceding calendar month. The POI is6

authorized to delete this reporting requirement once Southwest has conducted operations under this exemption satisfactorily for at least 24 continuous calendar months and sufficient data to thoroughly evaluate opera tional performance have been obtained. Reports must contain the following information:

a. The total number of flights operated by Southwest under domestic rules to destinations within the 48 contiguous States and the District of Columbia;

b. The total number of flights operated under this exemption, including those flights conducted under the appropriate provisions and limitations of OpSpec A012. For each flight operated, the dates; airport pairs; flight members; aircraft make, model, and serial number; trend or graphical summary of flight planned fuel vs. actual arrival fuel; and contingency fuel must be listed. Report format shall be a chronological order by fleet type;

c. The total number of flights that divert to an alternate airport;

d. The total number of flights that divert to an alternate airport that are separated under this exemption, and the reason for each diversion, such as weather conditions, mechanical problem, fuel quantity, passenger problem, air traffic, crewmember, or any other reason. Southwest must fully document each diversion; and,

e. The total number of Southwest flights, operated under this exemption, that declare an emergency and the reason for such declaration, or during which flight a low fuel state occurs that results in actions being taken by ATC and/or dispatch to provide priority handling, even if no emergency is declared.

The Effect of Our Decision

This exemption terminates on March 31, 2018, unless sooner suspended or rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service

EnclosureAFS-08-213-E

March 6, 2008 Exemp tion No. 8654C Regul atory Docket No. FAA-2005-22457

Mr. Greg Crum Vice President-Director of Operations

Southwest Airlines P.O. Box 36611, HDQ1DP Dallas, TX 75235

Dear Mr. Crum:

This letter is to inform you that we have amended E xemption No. 8654, as amended. It explains the basis for our decision, describes its effect, and lists the revised conditions and

limitations.

The Basis for Our Decision

On January 30, 2008, the Federal Aviation Administr ation (FAA) revised the conditions and limitations of Exemption No. 8654, as amended. Tha t exemption from § 121.619(a)(1) and (2) of Title 14, Code of Federal Regulations allows Southwest Airlines (Southwest) its certificated dispatchers, and its pilots in command (PIC) to dispatch flights to domestic airports at which for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport the appropriate weather reports or forecasts, or any combination of them, indicate the ceiling may be reduced from at least 2 ,000 feet to 1,000 feet above the airport elevation and visibility may be reduced from at lea st 3 statute miles to 2 statute miles.

Our Decision

The FAA has modified and/or added to the conditions and limitations of the original exemption based on the operational experience gaine d during its original application. These changes have been made to clarify original content, codify existing operational practices, and further define the intent of safety-related aspects of these conditions and limitations. In addition, the FAA has added a new condition to the existing thunderstorm restriction of

Condition No. 7. Because the most difficult weathe r phenomenon to forecast is non-frontal2

air mass-related thunderstorm and the majority of w eather diversions are caused by thunderstorm activity during the spring and summer months, Southwest cannot use Exemption No. 3585P, or any subsequent amendment, if it inclu des any (even “chances of”) forecast of

thunderstorms.

Under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant Southwest Airlines an exemption from 14 CFR § 121.619 to the extent necessary to allow Southwest, its certificat ed dispatchers, and its PICs to dispatch flights to domestic airports at which for at least 1 hour before and 1 hour after the estimated time of arrival at the destination airport the appr opriate weather reports or forecasts, or any combination of them, indicate the ceiling may be re duced from at least 2,000 feet to 1,000 feet above the airport elevation and visibility may be r educed from at least 3 statute miles to 2 statute miles, subject to the revised conditions an d limitations.

Conditions and Limitations

1. Before conducting operations under this exemption, Southwe st must obtain amended operations specifications (OpSpec) that provide for operations under this exemption.

2. Operations under this exemption are limited to only those destination airports in the 48 contiguous States and the District of Columbia.

3. Operations under this exemption are limited to only those airports at which an operable Category (CAT) II or CAT III instrument landing system (ILS) is available for us e.

4. Before conducting operations under this exemption, Southwe st must demonstrate to its assigned FAA principal operations inspector’s (POI) satisfaction that:

a. Each Southwest dispatcher has a system available to display the location of each flight within 3 minutes of real time.

b. Each Southwest dispatch facility has a system that provides its dispatchers with overlays of weather returns updated at least once e very 5 minutes.

c. Each Southwest dispatch facility has a system that provides its dispatchers with a display of the specific aircraft routing as assig ned by air traffic control (ATC) and actual filed flight plan routing.

d. Each Southwest dispatcher has a system available to display locations of other airborne aircraft including aircraft of other opera tors.

e. Each Southwest dispatch facility has a system avail able that provides its dispatchers with a display of planned and actual fu el at regular intervals along the route and the difference between planned and ac tual fuel.

f. Each Southwest dispatch facility has a system avail able that automatically alerts its dispatchers to special weather updates, changes in weather reports,3

forecasts and/or other significant weather-related reports, and ensures that these can be relayed to flightcrews in an expeditious man ner.

g. Each Southwest dispatcher is provided the capabilit y to access the services of a qualified meteorologist approved by the POI wheneve r the dispatcher believes that consultation is necessary to ensure safety of operations under this exemption. The presence of an approved Enhanced Wea ther Information System satisfies this requirement.

h. Each Southwest dispatcher must have the capability to expeditiously recompute projected arrival fuel from a “point aloft” to the intended destination in the event conditions occur that negatively impac t the flight.

i. The dispatch release will contain a statement for e ach flight dispatched under this exemption such as “ALTERNATE WEATHER EXEMPTION APPLIED. REFERENCE (APPROPRIATE DOCUMENT SUCH AS FOM, GOM, e tc).” The certificate holder may choose to use other word ing, if desired, but the meaning must be clear.

5. Southwest must maintain at least CAT II approach au thorization, OpSpec C059, for those fleets to which this exemption applies, and e ach aircraft must have fully operating equipment needed for CAT II ILS approache s for that aircraft to operate under this exemption.

6. At the time of dispatch, the flightcrew must be qua lified to conduct at least a CAT II approach. PICs with less than the requisite minimu m hours specified in 14 CFR § 121.652 cannot be used in operations under this e xemption unless the operator also holds Exemption No. 5549, the PIC has been trained in accordance with the requirements of that exemption, and all of the cond itions specified by Exemption

No. 5549 are met.

7. Operations are not permitted under this exempti on at any airport at which thunderstorms are reported or forecast from 1 hour before through 1 hour after the estimated arrival time if such reports or forecasts are in either or both the main body or the remarks section of the weather report or the we ather forecast. Furthermore, Southwest cannot use Exemption No. 3585P issued to Air Transport Association of America, Inc., members (including Southwest) or any subsequent exemption granting similar relief regarding any kind of forecast of th understorms at the destination airport in conjunction with any operation conducted under t his exemption.

8. Each certificated Southwest dispatcher and PIC, who conducts operations under this exemption, must be provided with a copy of pertinen t parts of this exemption. Operations under this exemption are permitted by So uthwest dispatchers and Southwest PICs but are not required.4

9. Use of this exemption in operations to destinati ons outside the contiguous United States is prohibited. Southwest is authorized to u se this exemption in operations to airports within the 48 contiguous States and the Di strict of Columbia from airports outside those boundaries provided Southwest also ho lds OpSpec A012 and operations are conducted in accordance with the appropriate pr ovisions of that OpSpec as they pertain to operations from airports listed in Table I thereof.

10. Southwest must provide the Administrator, by th e 15th day of each month, reports that include the information listed below, during the pr eceding calendar month. The POI is authorized to delete this reporting requirement onc e Southwest has conducted operations under this exemption satisfactorily for at least 24 continuous calendar months and sufficient data to thoroughly evaluate o perational performance have been obtained. Reports must contain the following infor mation:

a. The total number of flights operated by Southwest u nder domestic rules to destinations within the 48 contiguous States and th e District of Columbia;

b. The total number of flights operated under this exe mption, including those flights conducted under the appropriate provisions and limitations of OpSpec A012. For each flight operated, the dates, airport pairs, flight numbers, aircraft make, model, and serial number, t rended or graphical summary of flight planned fuel vs. actual arrival f uel, and contingency fuel must be listed. Report format shall be in chronolo gical order by fleet type;

c. The total number of flights that divert to an alter nate airport;

d. The total number of flights that divert to an alter nate airport that are operated under this exemption, and the reason for e ach diversion, such as weather conditions, mechanical problem, fuel quanti ty, passenger problem, air traffic, crewmember, or any other reason. Sout hwest must fully document each diversion;5

e. The total number of Southwest flights, operated und er this exemption, that declare an emergency and the reason for such declar ation, or during which flight a low fuel state occurs that results in acti ons being taken by ATC and/or dispatch to provide priority handling, even if no emergency is

declared.

The Effect of Our Decision

The termination date of Exemption No. 8654, as amen ded, remains January 31, 2010, unless sooner superseded or rescinded. This letter must b e attached to, and is a part of, Exemption

No. 8654.

Sincerely,

/s/

John M. Allen Acting Director, Flight Standards

Service