Exemption No. 1 1036 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter ofthe petition of 

### SOUTHWEST AIRLINES CO. for an exemption from §119.49(a)(4)(ii) ofTitle 14, Code of Federal Regulations 

### Regulatory Docket No. FAA

-2014

-0161

GRANT OF EXEMPTION By letter dated March 5, 2014, 

### Mr. Alan Kasher, Director ofOperations, Southwest Airlines Co. (Southwest), P

.O

. Box 36611, Dallas, Texas 75235, petitioned the Federal Aviation Administration (FAA) on behalfofSouthwest Airlines for an exemption from § 119.49(a)(4)(ii) ofTitle 14, Code ofFederal Regulations (14 CFR). The proposed exemption, ifgranted, would allow Southwest Airlines to apply domestic and flag rules while conducting non-scheduled supplemental operations to airports not listed in its operat ions specifications (OpSpecs), provided certain conditions and limitations are met. 

### The petitioner requests relieffrom the following regulation: Section 119.49(a)(4)(ii) prescribes, inpertinent part, that each certificate holder conducting domestic, flag, or commuter operations must obtain operations specifications containing all registration markings, ser ial numbers ofeach aircraft authorized for use, eac h regular and alternate airport to be used in scheduled operations, and, except for commuter operations, each provisional and refueling airport. The certificate holder may not conduct any operation using any aircraft or airport not listed. ln accordance with§ 11.83, Southwest Airlines requests that this exemption be applicable both inside and outside ofthe United States. Southwest Airlines believes that this relief is not in conflict with or contrary to International Civil Aviation Organization Standards and Recommended Practices (ICAO SARPS) since ICAO has eliminated the differences 

### in SARPS between scheduled and unscheduled opera tions as they relate to the operation of aircraft. AFS

- 1 4-19 4-E2 A summary ofthe petition was published in the Federal Register on April30, 2014 (79 FR 24489). No comments were received. The petitioner supports its request with the following information: Southwest Airlines states that in order to provide the highest degree ofsafety and standardization, Southwest Airlines is seeking relieffrom§ 119

.49(a)(4)(ii), to allow it to operate 14 CFR part 121 non-scheduled supplemental flights in accordance with the regulations applicable to part 121 domestic and flag operations. The petitioner cites several safety-related reasons for utilizing domestic or flag rules for the majority ofSouthwest Airlines ' non-scheduled supplemental flights. Southwest Airlines states that when conducting operations to airports not listed in OpSpec C070, it operates to the higher standard ofdomestic and flag operations which exceeds the requirements ofthe regulations that would otherwise be applicable to nonscheduled supplemental flights

. Specifically Southwest Airlines states that when conducting operations to airports not listed in OpSpec C070, it only utilizes current and qualified aircraft dispatchers who are certificated in accordance with the requirements of 14 CFR part 65. 

### It also states it complies with the requirements of 14 CFR part 121, Subpart E, which are generally more restrictive than those ofpart 121 Subpart F. Southwest Airlines states that, ifgranted, this exemption would provide operational control enhancements over supplemental rules, thereby providing the traveling public a greater level ofsafety. These operational control enhancements and tools provide the traveling public with a greater level ofsafety due to the requirement for qualified dispatchers with state ofthe art tools to oversee and communicate with airborne aircraft. This is especially important during inclement weather where a utilization ofextensively trained personnel can help avoid a cascade ofdelays through the air traffic system. 

### It would not be in the best interest ofthe traveling public to operate without these tools

. Having these requirements and tools in place without interruption is in the best interest ofthe traveling public. Southwest Airlines further points out that operating under supplemental rules in addition to domestic and flag rules adds tmwarranted complexity that needs to be continually trained, emphasized, and maintained. Pilots and dispatchers in particular could be subject to operating under three different operating regulations (domestic, flag, and supplemental) within the same day. This adds a much higher level ofcomplexity for the pilots and dispatchers responsible for the safe conduct ofthe flight. Southwest Airlines contends there would be no adverse effec t to safety ifthis petition were granted because under the reliefrequested, it will operate in the flying public's interest by conducting operations at an equivalent or higher level ofsafety. When conducting operations to airports not listed in OpSpec C070, Southwest Airlines states that it will comply with the more restrictive requirements of 14 CFR part 121, Subpart E, by only utilizing 14 CFR part 65 licensed, current, and qualified dispatchers, and will use a dispatch release as prescribed under 14 CFR §§ 121.593 & 121.595 and the format as prescribed by 14 CFR § 121.687

. Southwest Airlines states that it will continue to comply with the requirements of 14 CFR § 121.601 and will adhere to the regulatory requirements of 

### § 121.607 with regard to route and route segments, and will follow the alternate airport3 requirements listed in 14 CFR 

### §§ 121.6 19 and 121.621. According to Southwest Airlines, it will maintain all records in accordance with 14 CFR 

### § 121.695. Southwest Airlines states it operates only to 14 CFR part 139 Certified airports (or part 139 equivalent when operating to Military or US owned Airports), in compliance with 14 CFR § 121.590. 

### The FAA' s anal ysis is as follows: The FAA finds that the informat ion provided by the petitioner sufficiently supports the relief sought by Southwest Airlines. The FAA emphasizes the safety benefits in applying domestic and flag rules to flights that would otherwise be conducted in accordance with supplemental rules. Operations conducted under 14 CFRpart 121, Subpart E, generally provides a higher degree ofsafety than the requirements ofpart 121 Subpart F. The communication facility requirements contained in 

### § 121.99 for domestic and flag operations present a higher level ofsafety than those required by § 121.122 for supplemental operations. In particular, 

### § 121.99 requires a c. ertificate holder's communication system between each airplane and the dispatch office to be independent ofany system operated by the United States (except in an emergency)

. In addition, the communication requirements of 

### § 121.99 apply to all domestic and flag operations, whereas§ 121.122 provides an exception for all cargo aircra ft with more than two engines. Section 121.106 contains rescue and firefighting service requirements for Extended Operations (ETOPS) alternate airports that would not otherwise be required for supplemental operations

. Section 121 .101 requires a certificate holder conducting domestic or flag operations to have an approved system ofobtaining reports and forecasts ofadverse weather phenomena. This approved system would not otherwise be required for supplemental operations. In accordance with§ 121.541, applicable to domestic and flag operations, when establishing flight schedules, Southwest Airlines would be required to allow enough time for the proper servicing ofaircraft at intermediate stops, and to consider the prevailing winds en route and the cruising speed of the type ofaircraft used. This cruising speed may not be more than that resulting from the specified cruising output ofthe engines. There is no equivalent requirement for supplemental operations. When conducting domestic and flag operations,§ 121.621 would require route approval for flights over a route without an available alternate airport. This approval would not be required under supplemental rules. In order to grant the full relief sought, the FAA finds that an exemption from 

### § 121.63l(a), which allows a certificate holder to specify any regular, provisional, or refueling airport, authorized for the type ofaircraft, as a destination for the purpose oforiginal dispatch or release, would also be required. This would be necessary to allow a certificate holder to specify an airport other than one listed in the certificate holder's OpSpecs as a regular, provisional or refueling airport, as a destination for the purpose oforiginal dispatch orrelease.4

The FAA's Decision 

### In consideration ofthe foregoing, I fmd that a grant ofexemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S

.C. §§ 106(f), 40113 and 44701, delegated to me by the Administrator, Southwest Airlines Co. is granted an exemption from 14 CFR §§ 119.49(a)(4)(ii) and 121.631(a) to the extent necessary to allow Southwest Airlines to conduct non-scheduled supplemental operations using airports not listed in OpSpec C070, in accordance with the regulations applicable to domestic or flag operations as appropriate to the kind ofoperation being conducted. This exemption applies both inside and outside the United States, and is subject to the conditions and limitations listed below. 

### 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 ofoperation 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 ground 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 otherwise specified in the certificate holder's operations specifications. 7. When conducting operations outside ofthe United States, and the District of Columbia, or any territory orpossession ofthe United States, the certificate holder will ensure that foreign airports meet ICAO Annex I4 SARPS. 8

. The certificate holder must comply with the destination and alternate airport requirements of 

### § 121

.619 or § 121.621, depending on the kind ofoperation being conducted.5
9. 

### In addition to the requirements of§§ 121.619 and 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 each destination airport in the dispatch release, unless the requirements ofsubparagraphs a and b ofCondition 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 ofarrival at the destination airport. For the purposes ofthis exemption, separate runways are two or more runways at the same airport, configured such that ifone runway is closed, operations to the other runway(s) can be conducted; and b. At least one ofthe usable runways has an operational instrument approach procedure. 10. The certificate holder may only exercise this exemption when conducting operations within the territory and airspace ofa foreign country with the permission ofthe foreign civil aviation authority. This exemption does not exempt the certificate holder from any regulations imposed by the foreign state. 11. When operating under the provisions ofthis exemption, the certificate holder shall list this exemption number in the dispatch release. This exemption terminates on September 30, 2016, unless sooner superseded or rescinded. Issued in Washington, D

.C., on July 3 1 , 2014

John Ba rbagallo Acting Deputy Director, Flight Standards Service