Exem ption No. 10459

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

SOUTHWEST AIRLINES CO. Regulatory Docket No. FAA-2011-1361

for an exemption from § 121.163(a)

of Title 14, Code of Federal Regulations

GRANT OF EXEMPTION

By letter dated December 5, 2011, Mr. Greg Crum, Director of Operations, Southwest Airlines, Co. (Southwest), 2702 Love Field Drive, Dallas, Texas 75235, petitioned the Federal Aviation Administration (FAA) on behalf of Southwest for an exemption from § 121.163(a) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow Southwest to delay the initial airplane proving tests for AirTran’s Boeing 717 (B717) until the first AirTran B717 airplane has been reconfigured, repainted, and is eligible to be moved from the AirTran partition established under the Southwest Airlines and AirTran transition plan as a result of the merger that was completed on May 2, 2011.

The petitioner requests relief from the following regulation:

Section 121.163(a) prescribes, in pertinent part, that no person may operate an airplane not before proven for use in a kind of operation under this part or part 135 of this chapter unless an airplane of that type has had, in addition to the airplane certification tests, at least 100 hours of proving tests acceptable to the Administrator, including a representative number of flights into en route airports. The requirement for at least 100 hours of proving tests may be reduced by the Administrator if the Administrator determines that a satisfactory level of profic iency has been demonstrated to justify the reduction. At least 10 hours of proving flights must be flown at night; these tests are

irreducible.

AFS-12-113-E2

The petitioner supports its request with the following information:

The petitioner states that Southwest and AirTran are commonly owned by Southwest Airlines Co. as a result of a merger completed on May 2, 2011. The petitioner states that Southwest and AirTran have provided a transition plan which has been accepted by the FAA. As a result, Operations Speci fication (OpSpec) A502 (Air Carrier Merger and/or Acquisition) has been issued in an ticipation of a Single Operating Certificate (SOC) being granted in early 2012. The petitioner states the “surviving” operating certificate will be the current Southwest Airlines certificate, as modified pursuant to the approved transition plan.

The petitioner notes that both carriers have an approved plan to facilitate the orderly movement of aircraft and flight operations personnel from AirTran to Southwest. This plan is referred to as the “AirTran partition” in the FAA-approved transition plan. The petitioner states the AirTran partition, which becomes effective upon grant of the SOC, provides a controlled process for the integration of both personnel and equipment. The petitioner states that at time of SOC issuance, the AirTran partition will contain the AirTran aircraft which have not undergone conversion to Southwest paint and interior, and will only be operated by AirTran pilots, flight attendants, and dispatchers assigned to operate and dispatch these aircraft.

The petitioner notes that as the B717 fleet is moved from the AirTran partition, the aircraft interiors will be modified to the Southwest configuration, the aircraft will be repainted, and the pilots, flight attendants, and dispatchers will complete required training to move from the AirTran partition into operations under the Southwest partition of the transition plan

The petitioner notes it is not requesting permanent relief from accomplishing the required proving runs, but rather a partial exemption for deferral of the date by which the initial proving runs must be accomplished. Specifically, the petitioner requests to extend the date for the B717 proving runs from the date the FAA approves the SOC for the merged airline, until the first B717 airplane has been reconfigured, repainted, and is eligible to be moved from the AirTran partition. The petitioner asserts that conducting proving runs as the B717 aircraft type leaves the AirTran partition does not create an adverse effect on safety. Rather, completing proving runs prior to the B717 entering revenue service using new processes, information technology systems, and manuals, will serve as further validation of the new processes and procedures and better ensure safety of the combined operation.

To establish an equivalent level of safety , the petitioner notes that all B717 aircraft in the AirTran partition will remain in the AirTran partition and will not be available for dispatch outside the AirTran partition until reconfiguration has been completed. The crew scheduling systems will also remain separate until the interior configuration and painting has been completed, and the crewmembers and dispatchers have completed the required training for operation of the B717 under the Southwest partition of the3

transition plan. The petitioner asserts that the AirTran partition will be maintained until the proving tests, and other requirements set forth in the transition plan and operations specifications, are complete. The petitioner asserts this relief is in the public interest because it will alleviate any potential disruption to flight schedules.

Although the petitioner requested that action on its petition not be delayed for publication in the Federal Register , the FAA found that the petition, if granted, would set a precedent. Therefore, to allow an opportunity for the public to comment on the petition, a summary of this petition was published in the Federal Register on January 27, 2012 (77 FR 4394). No comments were received.

The FAA's analysis is as follows:

Southwest Airlines is requesting an exemption to delay completing the initial airplane proving tests for the B717 as required by § 121.163(a). This exemption would allow Southwest to maintain the partition between Southwest and AirTran’s operations until the B717 aircraft have been reconfigured and the crewmembers and dispatchers have undergone the requisite training to operate these aircraft. Conducting the proving runs prior to revenue service, but after completion of reconfigur ation and crewmember training, will provide additional safeguards to validate the procedures and training set in place during this transition. Accordingly, based on the conditions and limitations set forth below, as well as those set forth in the Air Carrier Merger Operation Speci fication A502 and other operation specification which govern the transition of this merger, the FAA has determined that an equivalent level of safety to that afforded by the regulation has been established and a grant of exemption is in the public interest.

The FAA’s Decision

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, Southwest Airlines Co. is granted an exemption from 14 CFR § 121.163(a) to the extent necessary to allow Southwest to delay initial airplane proving tests until the first (former AirTran) Boeing 717 airplane has been reconfigured, repainted, and is eligible to be moved from the AirTran partition, subject to the following

conditions and limitations:

Conditions and Limitations

1) Proving runs must be completed before the first B717 aircraft from the AirTran partition is moved to the Southwest operation and used in revenue operations under the Southwest partition of the transition plan.

2) Southwest must comply with all provisions of OpSpec A502 (Air Carrier Merger and/or Acquisition).4

3) Once a B717 has been reconfigured and moved to the Southwest operation, the aircraft cannot be used within the AirTran partition set forth in OpSpec A502.

4) All flightcrew members, flight attendants, dispatchers and other operations personnel assigned to operations with the B717 aircraft under the Southwest partition of the transition plan must have successfully completed all required training before performing any operations using that aircraft within the Southwest partition.

This exemption terminates on February 28, 2014, unless sooner superseded or rescinded.

Issued in Washington, D.C., on February 27, 2012.

/s/

John M. Allen Director, Flight Standards Service .