SOUTHWEST AIRLINES CO. 

Leslie C. Abbott 

Attorney 

1901 L Street, NW - Suite 640 

Washington, DC 20036 

(202) 263-6285 

(202) 263-6291 - Fax 

Leslie.abbott@wnco.com 

Januai7l8, 2010 

CD 

BY HAND DELIVERY and FEDEX 

U.S. Department of Transportation 

Docket Operations, IVI-SO 

West Building ground floor, 

Rm W12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

John M. Allen ." 

Director, Flight Standards ServiceFederal Aviation Administration 'CJ ' 

AFS-1, Flight Standards Service, Rm 821 

800 Independence Avenue, S.W. 

Washington, DC 20591 

t o 

Re: Regulatory Docket No. 11485 

Petition for Renewal and Modification of Exemption from 

14CFR^121.434(cU1Uin 

Dear Sir: 

Pursuant to Federal Aviation Regulation 14 CFR §11.61(b), Southwest Airlines 

Co. ("Southwest") hereby petitions the FAA for the fifth renewal of Exemption No. 7132 

which permits Southwest to substitute a qualified and authorized check airman in place 

of an FAA inspector to observe a qualifying pilot in command ("PIC") while that PIC is 

completing the initial or upgrade training specified in FAR §121.424 (FAA Regulatory 

Docket No. 11485, previously Docket No. 29836). The FAA granted Exemption No. 

7132 on February 28, 2000 and has extended it for four consecutive two year periods. 

Unless this exemption is extended once again, it will terminate on February 28, 2010. A 

copy of Exemption No. 7132, and the most recent Exemption Renewal No. 7132D, are 

attached as Exhibit A. 

I. THE FAA HAS FOUND THE EXEMPTION TO BE IN THE PUBLIC INTEREST 

Southwest requests that the FAA renew Exemption No. 7132 for at least two 

additional years. This request is consistent with the exemption renewals that the FAA 

has already granted to Southwest, as well as to other airlines. 
Federal Aviation Administration 

January 18, 2010 

Page 2 

Exemption No. 7132 granted Southwest relief from 14 CFR §121.434(c)(1)(ii) to 

the extent necessary to permit Southwest to substitute a qualified and authorized 

check airman in place of an FAA inspector to observe a qualifying PIC who is 

completing the initial or upgrade training specified in FAR §121.424 during at least one 

flight leg that includes a takeoff and a landing. Exemption No. 7132 at p. 2. 

In granting Southwest's exemption request and the subsequent renewals, 

including the modifications granted in the most recent 2008 renewal, the FAA 

determined that such an exemption was in the public interest. Specifically, the FAA 

found that for Southwest and other similarly situated commercial air carriers, "permitting 

a limited number of qualified and authorized check airmen to conduct certain PIC 

observations would benefit the public by reducing unnecessary costs that may influence 

the price of services to the public and by improving the airlines' ability to provide ontime, dependable air service." Exemption No. 7132 at p. 1. The FAA also found that the 

exemption "would not reduce the level of safety, provided the petitioner complies with 

certain conditions and limitations." Id. 

II. SOUTHWEST HAS COMPLIED FULLY WITH THE EXEMPTION CONDITIONS 

AND LIMITATIONS 

Southwest is in full compliance with all of the conditions and limitations specified 

in Exemption No. 7132 and its subsequent renewals. Southwest believes that its 

performance under the exemption has been satisfactory to the FAA, as no indication to 

the contrary has been received. 

III. CONCLUSION 

All of the circumstances stated in Southwest's original request for this exemption 

and the preceding requests for its renewal, remain the same. There has not been any 

material change in the findings relative to public interest and safety that were the basis 

for granting the original exemption. As the FAA has noted, granting this exemption (and 

by extension the renewal of the exemption requested herein), would have no adverse 

effect on safety. Instead, it will allow Southwest to continue efficient and competent 

completion of observation flights through appropriate utilization of FAA resources and 

qualifying PIC's. To minimize the administrative burden on all parties. Southwest seeks 

a renewal for a minimum of two years. 
Federal Aviation Administration 

January 18, 2010 

Page 3 

We appreciate the FAA's consideration of this request. 

Respectfully submitted. 

Attachments 

Exhibit A - Southwest Exemption No. 7132, February 28, 2000; Exemption 

Renewal No. 7132D, February 28, 2008. 
Exhibit A 
Cof,P.ecre-6 c^oPy 

O 

U.S Department eOO independence Ave.. S w 

of Transportation Washlnglon. DC. 20591 

Federal Aviation 

Administration 

c c a r> a OfWI Exemption No. 7132 

FEB 2 8 tlWJ Regulatory Docket No. 29836 

Mr. Robert W. Kneisley 

Associate General Counsel, Federal Affairs 

Southwest Airlines Co. 

1250 Eye Street NW., Suite 1110 

Washington, DC 20005 

Dear Mr. Kneisley: 

By letters dated November 8, 1999, and November 12, 1999, you petitioned 

the Federal Aviation Administration (FAA) on behalf of Southwest Airlines 

Co. (Southwest) for an exemption from § 121.434(c)(1)(ii) of Title 14, 

Code of Federal Regulations (14 CFR) to the extent necessary to permit 

Southwest to substitute a qualified and authorized check airman in place 

of an FAA inspector to observe a qualifying pilot in command (PIC) while 

that PIC is performing prescribed duties during at least one flight leg 

that includes a takeoff and a landing when completing initial or upgrade 

training as specified in § 121.424. 

The FAA issued a grant of exemption in circumstances similar in all 

material respects to those presented in your petition. In Partial Grant 

of Exemption No. 6473 (copy enclosed), the FAA found that permitting 

a limited number of qualified and authorized check airmen to conduct 

certain PIC observations would benefit the public by reducing unnecessary 

costs that may influence the price of services to the public and by 

improving the airlines' ability to provide on-time, dependable air service. 

The FAA also found the requested exemption would not reduce the level 

of safety, provided the petitioner complies with certain conditions 

and limitations. 

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

do not differ materially from those presented by the petitioner in the 

enclosed grant of exemption. In addition, I have determined that the 

reasons stated by the FAA for granting the enclosed exemption also apply 

to the situation you present. 

In consideration of the foregoing, I find that a grant of exemption is 

in the public interest. Therefore, pursuant to the authority contained 

in 49 U.S.C. §§ 40113 and 44701, delegated to me by the Administrator 

AFS-00-073-E 
(14 CFR § 11.53), Southwest Airlines Co. is granted an exemption from 

14 CFR § 121.434(c)(1)(ii) to the extent necessary to permit Southwest 

to substitute a qualified and authorized check airman in place of an FAA 

inspector to observe a qualifying PIC who is completing initial or upgrade 

training specified in § 121.424 during at least one flight leg that 

includes a takeoff and a landing. This exemption is subject to the 

following conditions and limitations: 

1. Each check airman performing the duties otherwise appropriate 

to an FAA inspector, under this exemption, must— 

a. Be an employee of Southwest; 

b. Be qualified and current in the duties of the PIC in 

the aircraft being operated; 

c. Be approved by the FAA Aircrew Program Manager; and 

d. Have been employed by Southwest as a check airman for 

a minimum of 6 months. 

2. Southwest must submit and have approved by its FAA principal 

operations inspector (POI), in a letter of approval, the name 

of each check airman to be used under this exemption before this 

use occurs. 

3. Before each observation conducted under this exemption. Southwest 

must contact its POI or the POI's designated representative. No 

observation may be conducted under this exemption unless the FAA 

determines there is not an FAA inspector available to observe the 

affected operation and so informs Southwest. 

4. The check airman observing the qualifying pilot must be other 

than the check airman conducting the operating experience flight. 

5. The check airman observing the flight may not previously have 

conducted any operating experience flight during the current, 

initial, or upgrade training of the qualifying PIC. 

6. Each operation conducted under this exemption must be recorded 

in Southwest's approved training records. 

7. No observations may be conducted under this exemption until 

the qualifying PIC has completed the minimum number of hours 

specified in § 121.434(c)(3). 

8. Under this exemption, no more than 50 percent of the required 

operating experience observations may be accomplished by a 

qualified and authorized check airman rather than an FAA 

inspector during any 6-month period. 
9. Southwest must submit a training schedule in written form to its 

POI that includes the date(s) of each observation to be conducted 

under § 121.434. This training schedule must be submitted at 

least 20 days before any observation. 

10. Southwest must maintain the records necessary to demonstrate 

compliance with the conditions and limitations of this exemption. 

This exemption terminates on 

superseded or rescinded. FEB 2 8 2002 unless sooner 

Sincerely, 

Ava L. Mims 

Actintj Director, Fligh t Standards Servic e 

Enclosure 
02/28/2008 15:17 2022675075 OFFICE OF RULEMAKING PAGE 02 

^ 

UiDeparTment 800 indtptudwec Ave.. S.W. 

Of Tflonsponotion wuhinBton. DC. 2059i 

Fedwi AvMtion 

Adnwittitmon 

f^EH 2 8 7008 Exemption No. 7132D 

Regulatory Docket No. FAA-2002-11485 

Mr. Robert W. Kneisley 

Associate General Counsel 

Southwest Airlines Company 

1901 L Street, NW., Suite 640 

Washington, DC 20036 , 

Dear Mr. Kneisley: 

This letter is to inform you that we have granted youi petition to extend and amend Exemption 

No. 7132, as amended. It explains the basis for our decision, describes its effect, and lists the 

revised conditions and limitations. 

The Basis for Our Decision 

By letter dated January 4,2008, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Southwest Airlines Company (Southwest) for an extension of and amendment to 

Exemption No. 7132, as amended. That exemption from § 121.434(c)(l)(ii) of Title 14, Code 

of Federal Regulations allows Southwest to substitute a qualified and authorized check airman 

in place of an FAA inspector to observe a qualifying pilot in command (PIC) while that PIC is 

performing prescribed dudes during at least one flight leg that includes a takeoff and a landing 

when completing initial or upgrade training as specified in § 121.424. The amendment you 

request would: 

1. Delete language related to the minimum operating experience (OE) required for a 

PIC observation; 

2. Remove the 50 percent limit on the number of operating experience observations 

a check airman is authorized to make; and 

3. Eliminate the reqvurement to submit training schedules for each obscrvaticn 20 

days in advance of the event. 

AFS'08-168-E 
02/2,8/2008 15:17 2022675075 OFFICE OF RULEMAKING PAGE 03 

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 detcmincd that good cause exists for not publishing a summary of the petition 

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

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

Our Decision 

The FAA has reviewed Exemption No. 7132, as amended. Currently, Southwest may conduct 

no more than 50 percent of the OE observations during any 6-month period. The FAA has 

reevaluated its position on the 50 percent limit and finds that the limit is no longer necessary. 

Furthermore, wc find that coupled vrith your request to remove the 50 percent limit on the 

number of events a check airman is authorized to observe, a requirement to submit a training 

schedule in advance becomes less relevant. Moreover, we agree that the single leg 

observation should be conducted during OE, not after completing the minimum number of 

hours required. The FAA has determined that if Southwest follows the revised conditions and 

lunitations set out in this exemption, an equivalent level of safety will be maintained while 

still allowing Southwest and the FAA the greatest business and regulatory flexibility. 

The FAA has determined that the justification for the issuance of Exemption No. 7132, 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 delegated to me, I grant your petition, subject to the revised conditions and limitations. 

Conditions and Limitations 

1. A Southwest check airman or aircrew program designee may conduct a 

PIC observation in place of an FAA inspector when— 

a. The Administrator preapproves that substitution for each observation of a 

qualifying PIC candidate, thus reserving first right of refusal to the FAA in 

each case. Southwest, therefore, must contact an appropriate FAA office, in 

each instance, before substituting that check airman or aircrew program 

designee; 

b. The quahfying PIC candidate has completed no less than 10 hours of 

supervised OE and accomplished no fewer than two takcoffs and landings; and 

c. The qualifying PIC candidate is performing PIC duties during a complete flight 

leg, mcluding flightdeck preparation, before starting engines checklist, taxi, 

takeoff, all other flight phases, landing, taxi, and securing checklist. 
02/28/2008 15:17 2022675075 OFFICE OF RULEMAKING PAGE 04 

2. Each Southwest check airman or aircrew program designee conducting a PIC 

observation in place of an FAA inspector must— 

a. Be.approved by the Administrator to conduct the observation; 

b. Have served as a check airman or aircrew program designee for Southwest for 

no'less than 6 months; and 

c. Not supervise the OE or conduct the initial line check for the qualifying 

PIC candidate being observed. 

3. Southwest must maintain smdent, check aimian, and akcrew program designee 

records that demonstrate compliance with tbe conditions and limitations of this 

exemption. 

The Effect of Out Decision 

Our decision extends the termination date of Exemption No. 7132, as amended, to 

February 28,2010, unless sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 7132, as amended, remain the same. This 

letter must be attached to, and is a part of, Exemption No. 7132. 

Sincerely, 

ffi ^!ZU^ 

jhn M. Allen 

•'Acting Director, Flight Standards 

Service