AAM-11-304-E May 16, 2011

Exemption No. 10262 Regulatory Docket No. FAA-2011-0491

Mr. Barry S. Brown

Associate General Counsel Southwest Airlines, Inc.

P.O. Box 36611 Dallas, TX 75235

Dear Mr. Brown:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated May 5, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Southwest Airlines, Inc. (Southwest) , for an exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would permit Southwest to operate its drug and alcohol testing program in unison with AirTran Holdings, Inc. (AirTran), drug and alcohol program.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Southwest.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9927 (copy enclosed), the FAA found that the individuals transferring from Northwest to Delta would perform the same functions as prior to the merger. In addition, Delta’s reasons do not differ materially from those presented in the findings of the precedent-setting grant of Exemption No. 6960. That exemption allowed individuals to be transferred from one operating certificate to the other2

without performing pre-employment testing. The FAA found that a grant of exemption from the pre-employment testing requirement does not adversely impact safety and is in the public

interest.

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

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption Nos. 9927 and 6960;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 9927 and 6960 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Southwest Airlines, Inc., an exemption from 14 CFR part 120 to the extent necessary to permit Southwest to operate its drug and alcohol testing program in unison with AirTran’s drug and alcohol program, subject to the conditions and

limitations described below.

Conditions and Limitations

1. Southwest and AirTran must submit MIS annual report data that is within 2 percent of the administrator’s minimum annual rate. Specifically, the amount to be tested for drugs is no less than 24.5 percent (2% of 25%) and for alcohol no less than 9.8 percent (2% of 10%).

2. Southwest must continue to submit MIS annual report data for each year or portion thereof for which they are in operation.

3. All Southwest locations must be in compliance with the requirement to display informational materials and hotline numbers within 6 months of the single operating

certificate issuance date.

4. All drug and alcohol testing records for the combined programs (Southwest and AirTran) must be produced at one central employer location within 6 months of the single certificate issuance date.3

5. The FAA’s confidentiality requirements are regulated by the DOT’s procedural regulation 49 CFR part 40, specifically § 40.25. The FAA concurs with the DOT’s determination regarding confidentiality requirements. Southwest must refer to the DOT

decision.

This exemption terminates on May 31, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/
James R. Fraser, M.D. Deputy Federal Air Surgeon

Enclosures