Exemption No. 11036 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

In the matter of the 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 of Operations, Southwest 

Airlines Co. (Southwest), P.O. Box 36611, Dallas, Texas 75235, petitioned the Federal 

Aviation Administration (FAA) on behalf of Southwest Airlines for an exemption from 

§ 119.49(a)(4)(ii) ofTitle 14, Code ofFederal Regulations (14 CFR). The proposed 

exemption, if granted, would allow Southwest Airlines to apply domestic and flag rules while 

conducting non-scheduled supplemental operations to airports not listed in its operations 

specifications (OpSpecs), provided certain conditions and limitations are met. 

The petitioner requests relief from the following regulation: 

Section 119.49(a)(4)(ii) prescribes, in pertinent part, that each certificate holder 

conducting domestic, flag, or commuter operations must obtain operations specifications 

containing all registration markings, serial numbers of each aircraft authorized for use, each 

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 of the 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 operations as they relate to the operation of 

aircraft. 

AFS- 14-194-E 
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A summary of the 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 of safety and 

standardization, Southwest Airlines is seeking relief from§ 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 of Southwest 

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 of domestic and flag operations which 

exceeds the requirements of the 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 of part 121 Subpart F. 

Southwest Airlines states that, if granted, this exemption would provide operational 

control enhancements over supplemental rules, thereby providing the traveling public a 

greater level of safety. These operational control enhancements and tools provide the traveling 

public with a greater level of safety due to the requirement for qualified dispatchers with state 

of the art tools to oversee and communicate with airborne aircraft. This is especially important 

during inclement weather where a utilization of extensively trained personnel can help avoid a 

cascade of delays through the air traffic system. It would not be in the best interest of the 

traveling public to operate without these tools. Having these requirements and tools in place 

without interruption is in the best interest of the 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 of complexity for the pilots and dispatchers responsible for the safe 

conduct of the flight. 

Southwest Airlines contends there would be no adverse effect to safety if this petition 

were granted because under the relief requested, it will operate in the flying public's interest 

by conducting operations at an equivalent or higher level of safety. 

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 airport 
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requirements listed in 14 CFR §§ 121.619 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 analysis is as follows: 

The FAA finds that the information 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 CFR part 121, Subpart E, generally provides a higher 

degree of safety than the requirements of part 121 Subpart F. 

The communication facility requirements contained in § 121.99 for domestic and flag 

operations present a higher level of safety 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 of any 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 aircraft 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 of obtaining reports and forecasts of adverse 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 of aircraft at intermediate stops, and to consider the prevailing winds en 

route and the cruising speed of the type of aircraft used. This cruising speed may not be more 

than that resulting from the specified cruising output of the 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 of aircraft, as a destination for the purpose of original 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 of original dispatch or release. 
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The FAA's Decision 

In consideration of the foregoing, I fmd that a grant of exemption 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 of operation 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 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 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 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 I 4 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. 
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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 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 purposes 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 approach 

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 

certificate 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. 

This exemption terminates on September 30, 2016, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on July 31, 2014 

John Barbagallo 

Acting Deputy Director, Flight Standards Service