SOUTHWEST AIRLINES CO.

 Leslie C. Abbott

 Senior Attorney

 1901 L Street, N.W., Suite 640

 Washington, D.C. 20036

 (202) 263-6285

 (202) 263-6291 - Fax

 leslie.abbott@wnco.com

____________________________________________________________________________

July 23, 2013

VIA EMAIL

John M. Allen

Director, Flight Standards Service

Federal Aviation Administration

AFS-1, Flight Standards Service, Room 821

800 Independence Avenue, S.W. 

Washington, DC 20591

john.allen@faa.gov

FILED ELECTRONICALLY

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue

Room W12-140

Washington, DC, 20590

Re: Petition for Relief from 14 CFR § 121.436(d); Pilot Certification 

and Qualification Requirements for Air Carrier Operations; 

Docket No. FAA-2010-0100

Dear Sir:

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

Co. (Southwest) hereby petitions the Federal Aviation Administration (FAA) for 

limited relief from the Final Rule it enacted on July 15, 2013 entitled Pilot 

Certification and Qualification Requirements for Air Carrier Operations. Among 

other changes, the Final Rule imposes significant new training requirements on 

pilots employed in second-in-command positions (first officers). Southwest is 

prepared to meet all of the new requirements except with respect to certain aspects 

of 14 CFR 121.436(d) as described below.

Compliance with the requirements set forth in 14 CFR 121.436 is required by 

August 1, 2013 in most cases. However, in recognition of the training resources that 

will be required for airlines to meet the new training standards, the Final Rule 

provides for an extended compliance period, until January 1, 2016, for pilots 
Petition for Relief from 14 CFR 121.436(d) 

July 23, 2013

Page 2

currently employed in second-in-command (SIC) positions. See 14 CFR 121.436(d). 

Southwest respectfully requests that the FAA apply this extended compliance period 

to its pilots that are currently in pilot-in-command (PIC) positions (e.g., PIC on B717 

aircraft) but will be transitioning to second-in-command positions on different aircraft 

(e.g., SIC on B737 aircraft). Southwest requests that the FAA give this petition for 

relief expedited treatment in light of the upcoming August 1, 2013 compliance 

deadline. 

I. Background

On July 15, 2013, the FAA published a Final Rule that created new 

certification and qualification requirements for pilots in air carrier operations.1 One of 

the new requirements is that the second-in-command pilot in domestic, flag, and 

supplemental operations must hold an airline transport pilot certificate and an

airplane type rating for the aircraft to be flown. In recognition of the significance of 

these new requirements, the Final Rule provides an extended compliance date in 

certain situations. Specifically 14 CFR 121.463(d) states: 

“Compliance with the requirements of this section is required by August 1, 

2013. However, for those pilots who are employed as second in command 

in part 121 operations on July 31, 2013, compliance with the type rating 

requirement in paragraph (b) is not required until January 1, 2016.”

The preamble of the Final Rule indicates that the FAA recognizes the impact 

of the type rating requirement on air carriers and provides an extended compliance 

period for “those pilots who are employed as second in command in part 121 

operations on July 31, 2013...” However, by limiting the compliance extension 

period to only the second-in-command pilots, another similarly situated group of 

pilots was not considered, i.e., pilots who are currently in pilot-in-command positions 

but who may be transitioning to a second-in-command position on another aircraft. 

This is typically a very limited occurrence. However, in these instances Southwest 

hereby respectfully petitions the FAA for the same relief as the Final Rule provides 

for currently employed SIC pilots.

II. SOUTHWEST’S SALE OF ITS B717 FLEET WILL RESULT IN SEVERAL 

HUNDRED B717 PICS TRANSITIONING TO B737 SIC POSITIONS IN 

THE NEXT EIGHTEEN MONTHS. 

Southwest Airlines acquired AirTran Airways in 2011 and successfully 

obtained a Single Operating Certificate in March of 2012. While Southwest operates

an exclusively B737 fleet, AirTran operates a mixed fleet of 52-B737 (approx. 700 

pilots) and 88-B717 aircraft (approx. 1000 pilots). As part of the acquisition process, 

 

1

The full text of the Final Rule can be found at 78 Fed. Reg. 42324 (July 15, 2013). 
Petition for Relief from 14 CFR 121.436(d) 

July 23, 2013

Page 3

the Southwest and AirTran pilot unions negotiated a seniority integration agreement 

which requires that all AirTran pilots transition to Southwest by January 2015.

At the time of the agreement, Southwest envisioned that the AirTran B717 

and B737 fleets would eventually be absorbed by Southwest into a larger mixed fleet 

of aircraft. This vision included folding both the AirTran B717 and B737 pilots and 

aircraft into Southwest at a measured pace over time. However, after its acquisition 

of AirTran, Southwest subsequently entered into an agreement with Delta Air Lines 

whereby Delta will be leasing the entire B717 fleet from Southwest starting in July 

2013. All of the B717 will be transitioned to Delta by December 2014. This business 

arrangement has changed the timing and the training plan for B717 pilots flowing 

into Southwest, which now must be accelerated to align with the schedule of the 

B717 aircraft moving to Delta. 

Under the current schedule, AirTran B717 pilots will transfer to Southwest and 

complete an initial conversion training course to become qualified as a second-incommand B737 pilot. One half of these B717 pilots are Captains and several 

hundred of them are not type rated on the B737 aircraft. Accordingly, without the 

relief requested here, these PIC pilots would be required to obtain a B737 type 

rating in order to serve as a SIC after July 31, 2013.

III. SOUTHWEST’S TRAINING LOAD BETWEEN JULY 2013 AND

DECEMBER 2014 IS ALREADY AT FULL CAPACITY WITH THE 

AIRTRAN INTEGRATION.

Pursuant to its labor agreements, Southwest must convert a total of 1300 -

B717/B737 AirTran pilots to Southwest between July 1, 2013 and the end of 

December 2014. Training such a large number of pilots over such a short time 

period is unprecedented for the Company and will require the full utilization of 

Southwest’s training facilities and personnel. It would be exceedingly difficult for 

Southwest to add the full SIC type rating efforts required by 14 CFR 121.436 into 

this schedule during this timeframe. 

In addition, because Southwest only hires new pilots who already possess a 

B737 type rating, the Company only has three Aircrew Program Designees (APD’s). 

These APD’s are typically used to administer flight instructor PIC-type ratings and 

SIC only-type ratings. Compliance with the Final Rule without the relief requested 

here would therefore also require the training of additional APD’s which would need 

to be authorized by the FAA.
Petition for Relief from 14 CFR 121.436(d) 

July 23, 2013

Page 4

IV. SOUTHWEST REQUESTS RELIEF FROM 14 CFR 121.436(d) FOR ITS

CURRENTLY EMPLOYEED PIC PILOTS THAT WILL TRANSITION TO 

SIC POSITIONS ON DIFFERENT AIRCRAFT.

For all of the reasons discussed above, Southwest respectfully requests that 

the FAA grant it relief from the requirements of 14 CFR 121.436(d) by providing the 

Company’s currently employed PIC pilots with the same extended compliance 

period as provided to the currently employed SIC pilots. There would be no 

decrease in the level of flight safety if the relief requested here were provided. 

However, this relief would lessen an unnecessary burden on airline training facilities 

and personnel, thereby contributing to a smooth transition process and full 

compliance with the new Final Rule requirements. 

We appreciate the FAA’s consideration of this request.

Respectfully submitted,

___________________

Leslie C. Abbott

cc: Robert Burke (FAA)