AFS-12-033-E November 30, 2011

Exemption No. 8238D Regulatory Docket No. FAA-2003-16038

Captain Gregory N. Crum Director of Operations Southwest Airlines P.O. Box 36611 Dallas, TX 75235

Dear Captain Crum:

This letter is to inform you that we have granted your petition to extend Exemption No. 8238, as amended. It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision On October 17, 2011, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of Southwest Airlines (Southwest) for an extension of Exemption No. 8238, as amended. That exemption from §§ 121.623(a) and (d), 121.643, and 121.645(e) of Title 14, Code of Federal Regulations allows Southwest to conduct supplemental operations within the 48 contiguous United States and the District of Columbia using the flight regulations for alternate airports as required by § 121.619 and the fuel reserve regulations as required by § 121.639 that are applicable to domestic operations.

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 determined 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.2

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 8238, 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 following conditions and limitations.

Conditions and Limitations

1. Before initiating operations under this exemption, Southwest must amend its operations specifications to comply with the following regulations applicable to domestic air carrier operations; (a) Part 121, subpart E, all sections; (b) Part 121, subpart G, § 121.135; (c) Part 121, subpart M, §§ 121.385 and 121.395; (d) Part 121, subpart P, all sections; (e) Part 121, subpart T, §§ 121.533, 121.541, 121.551, 121.555, 121.557, and 121.569; (f) Part 121, subpart U, §§ 121.593, 121.599, 121.601, 121.607, 121.619, 121.627, 121.635, 121.637, 121.639, 121.659, and 121.663; and (g) Part 121, subpart V, §§ 121.683, 121.685, 121.687, 121.695, and 121.711.

2. Southwest must ensure that its aircraft dispatchers hold aircraft dispatcher certificates issued under part 65, subpart C, and are properly qualified under part 121, subpart P, before permitting those persons to serve in operations conducted under this exemption.

3. Southwest must conduct its supplemental operations under this exemption— (a) Within the 48 contiguous United States and the District of Columbia; and (b) Except as provided in § 121.637 for unlisted airports, to, from, or between those regular, provisional, refueling, and alternate airports listed in its operations specifications or in a separate current listing, if that listing is referenced in its operations specifications and is authorized by the Administrator.3

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 8238, as amended, to January 31, 2014, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 8238, as amended, remain the same. This letter must be attached to, and is a part of, Exemption No. 8238.

Sincerely,

/s/ John W . McGraw Acting Director, Flight Standards Service