AFS-12-097-E February 27, 2012

Exemption No. 10460 Regulatory Docket No. FAA-2011-1329

Mr. Greg Crum Director of Operations

Southwest Airlines Co.

2702 Love Field Dr. Dallas, Texas 75235

Dear Mr. Crum:

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 November 22, 2011, Southwest Airlines (SWAA) petitioned the Federal Aviation Administration (FAA) for an exemption from § 121.291(b) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to permit SWAA to add the Boeing 717 to its operations specifications without conducting the required partial evacuation

demonstrations.

While the FAA was reviewing the November 22, 2011 exemption request, on December 16, 2011, SWAA petitioned the FAA for alternative relief from the provisions of § 121.291(d) to the extent necessary to permit SWAA to add the Boeing 737-700 (overwater) to its operations specifications without conducting the required ditching demonstration.

As background for this request, SWAA and AirTran (ZZDA) commenced the merger transition process on May 2, 2011. Following the merger and issuance of a single operating certificate (SOC), SWAA will be the surviving certificate. The exemption request addresses the aircraft types and models currently operated by ZZDA that will be introduced to the SOC

under SWAA’s certificate.2

In both cases, SWAA requested an exemption to the extent necessary to allow it to complete the partial evacuations and ditching demonstrations after issuance of the SOC, provided certain conditions and limitations are met. The FAA has consolidated the November 22, 2011 exemption request, with the request submitted on December 16, 2011.

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 SWAA.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption Nos. 10385 and 9979 (copies enclosed), the FAA found that it would be in the public interest to allow Continental and Delta to conduct the required demonstrations after SOC to better evaluate the efficacy of the merged training program and operational procedures. In addition, the petitioners would maintain an equivalent level of safety to that of the affected regulation because the required demonstrations would occur prior to the operational integration of crewmembers and aircraft from the two pre-merger operations.

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 Grants of Exemption Nos. 10385 and 9979;

 the reasons stated by the FAA for granting the enclosed Grants of Exemption Nos. 10385 and 9979 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 Co. an exemption from 14 CFR § 121.291(b) and (d) to the extent necessary to conduct the required emergency evacuation and ditching demonstrations by July 30, 2013, subject to the conditions and

limitations described below.

Conditions and Limitations

1. This exemption becomes effective when the FAA approves a single operating certificate for the merged airline and will remain in effect until the air carrier successfully conducts the required partial evacuation and ditching demonstrations, no later than July 30, 2013.

2. SWAA must submit a plan to complete the partial emergency evacuation demonstrations to the FAA for approval in accordance with the guidance in FAA Order 8900.1 for those new aircraft types and models to be used in passenger-carrying operations that are not currently on3

the SWAA certificate. The plan must be submitted within 30 days from the date of issuance of the SOC, and ensure that all demonstrations are completed by July 30, 2013.

3. All crewmember operating manual revisions and training will be completed and training records updated prior to commingling of crewmembers.

4. Until the partial emergency evacuation and ditching demonstrations are completed onthese aircraft, no cross utilization of crewmembers on these aircraft will be permitted. Premerger SWAA crewmembers will not be scheduled with pre-merger ZZDA crewmembers until the partial emergency evacuation and ditching demonstrations have been completed.

This exemption terminates July 30, 2013, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosures