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OST-2016-0021 - 2016 US-Cuba Frequency Allocation Proceeding

 

OST-96-1640

5/15/97

Motion to Withhold Information from Public Disclosure

Form 41, Schedule B-7

PDF

OST-96-1640

8/11/97

Motion to Withhold Information from Public Disclosure

Form 41, Schedule B-7

PDF

OST-97-3118 11/12/97 Contingent Petition for Review of Staff Action and Motion for Leave to File O&D Data HTML
OST-96-1640 49878 11/19/97 Motion To Withhold Information from Public Disclosure Form 41, Schedule B-7  
OST-96-1640 2/24/98 Motion to Withhold Information from Public Disclosure Form 41, Schedule B-7  
OST-96-1640 3/26/98 Motion to Withhold Information from Public Disclosure Form 41, Schedule B-7  
49878 5/13/98 Motion for Confidential Treatment Pursuant to Rule 37 Form 41  
OST-96-1640 8/10/98 Motion to Withhold Information from Public Disclosure Form 41  
OST-96-1640
49878
November 9, 1998 Motion to Withold Information from Public Disclosure Form 41, Schedule B-7
OST-96-1640 February 18, 1999 Motion to Withhold Information from Public Disclosure Motion of Southwest Airlines Co. to Withhold Information from Public Disclosure.
OST-96-1640 March 25, 1999 Motion to Withhold Information from Public Disclosure Form 41
OST-96-1640 May 10, 1999 Motion to Withhold Information from Public Disclosure Form 41 - Schedule B-7
OST-96-1640 Dated August 9, 1999
Docketed August 12, 1999
Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
OST-96-1640 November 9, 1999 Motion to Withhold Information from Public Disclosure Form 41, Schedule B-7
OST-96-1640 February 14, 2000  Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
OST-96-1640 March 22, 2000 Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
OST-96-1640 May 17, 2000 Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
OST-96-1640 August 9, 2000 Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
    Service List  
OST-96-1640 November 13, 2000 Motion to Withhold Information from Public Disclosure Form 41, Schedule B-7
    Service List  
OST-96-1640 February 14, 2001 Motion to Withhold Information from Public Disclosure Form 41, Schedule B-7
    Service List  
OST-96-1640 March 9, 2001 Motion to Withhold Information from Public Disclosure Form 41, Schedule B-7
    Service List  
OST-96-1640 May 16, 2001 Motion to Withhold Information from Public Disclosure Form 41, Schedule B-7
OST-96-1640 August 9, 2001
Docketed August 13, 2001
Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
    Service List  
OST-96-1640 November 13, 2001 Motion for Confidential Treatment Form 41; Schedule B-7
OST-96-1640 February 8, 2002
Docketed February 11, 2002
Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
    Service List  
OST-96-1640 March 21, 2002
Docketed March 27, 2002
Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
OST-96-1640 May 8, 2002
Docketed May 10, 2002
Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
OST-96-1640 August 7, 2002
Docketed August 9, 2002
Motion to Withhold Information from Public Disclosure Form 41; Schedule B-7
OST-96-1640 November 8, 2002
Docketed November 13, 2002
Motion to Withhold from Public Disclosure Form 41: Schedule B-7
OST-96-1640 February 10, 2003 Motion to Withhold from Public Disclosure Form 41: Schedule B-7
OST-96-1640 March 21, 2003 Motion to Withhold from Public Disclosure Form 41: Schedule B-7
         

 

August 5, 2003

OST-96-1640 - Form 41: Schedule B-7

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

Order 03-8-30
OST-03-14194 - Violations of 14 CFR Part 382 and 49 USC 41702 , 41705 and 41712

Issued and Served August 28, 2003 (Not Available August 28th)

Consent Order

This order covers the issue of the stowage of one passenger's standard-size folding wheelchair inside the cabin of Southwest's Boeing 737s. With regard to wheelchair stowage, Southwest denies that prior to this investigation its aircraft did not contain enough space for the stowage of one passenger's standard-size folding wheelchair. However, after notification by the Enforcement Office of its concerns, Southwest has agreed to retrofit the left aft windscreen of its entire fleet of Boeing 737s to permit stowage of a folding wheelchair that otherwise would not fit in an overhead bin. Southwest believes that this process will take 14 months to complete. Although the Enforcement Office appreciates Southwest's willingness to create a space to stow a passenger's standard-size folding wheelchair, the office views the carrier's failure initially to provide the proper accommodation under 14 CFR § 382.21(a)(2) seriously. After careful consideration of all the facts surrounding this matter, including the explanation and arguments set forth by Southwest, the Enforcement Office continues to believe that enforcement action is warranted. In order to avoid litigation on this matter, Southwest has agreed to settle these matters, without admitting to a violation of the Air Carrier Access Act, and enter into this consent order directing it to cease and desist from future similar violations and to the assessment of a civil penalty.

In the context of this overall settlement, the Enforcement Office accepts the fact that it will take Southwest 14 months from the service date of this order to come into full compliance with the wheelchair stowage requirements. The cost associated with these modifications is estimated by Southwest to be over $2,850,000

By: Rosalind Knapp


OST-96-1640 - From 41; Schedule B-7

October 31, 2003

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-96-1640 - Confidential Treatment Under Rule 12 (Form 41, Schedules B-7 and B-43)

February 5, 2004

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-96-1960 - Family Assistance Plans

March 9, 2004

Re: Amended Family Assistance Plan

By: Laurie Barnett


 

OST-96-1640 - Form 41; Schedule B-43

March 26, 2004

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-96-1640 - Form 41 Schedule B-7

May 5, 2004

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-96-1640 - Form 41 Schedule B-7

July 29, 2004

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-96-1640 - Form 41 Schedule B-7

November 10, 2004

Motion for Confidential Treatment

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-96-1960 - Family Assistance Plans

January 28, 2005

Re: Addendum to Southwest Airlines Family Assistance Plan

Please see the attached addendum to the Southwest Airlines Family Assistance Plan. The purpose of this addendum is to recognize Codeshare flight operations between Southwest Airlines Co. and ATA Airlines, Inc., which will commence on February 4, 2005. Also attached, you will find a memorandum from ATA Airlines, Inc. reflecting ATA's concurrence with this addendum.

By: Jim Wimberly


 

OST-96-1640 - Form 41, Schedule B-7

February 3, 2005

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-1996-1640 - Form 41 - Schedule B-43

March 25, 2005

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6284, bob.kneisley@wnco.com


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

May 4, 2005

Motion to Withhold from Public Disclosure

Counsel: Southwest Airlines, leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

August 9, 2005

Motion to Withhold from Public Disclosure

Southwest Airlines Co. hereby files this Motion to Withhold from Public Disclosure the information and data incorporated within the accompanying sealed envelope captioned Form 41, Schedule B-7 Airframe and Aircraft Engine Acquisitions and Retirements. This information and data are being reported to the Department in accordance with the requirements of 14 C.F.R. Part 241 with respect to the second quarter of 2005.

The material for which confidentiality is sought includes Southwest's acquisition costs and related financial information with respect to airframes, aircraft, and aircraft engines.

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

November 5, 2005

Motion to Withhold Information from Public Disclosure

Southwest hereby requests that confidential treatment be given to all information it files with the Department under Form 41, Schedule B-7, including this Schedule B-7 filing pertaining to the third quarter of 2005.

The material for which confidentiality is sought includes Southwest’s acquisition costs and related financial information with respect to airframes, aircraft, and aircraft engines.

The information which Southwest seeks to protect from public disclosure satisfies these three elements. The acquisition cost and financial data that Southwest is reporting to DOT results from negotiations between Southwest and commercial vendors of aircraft, aircraft engines and related components. These prices and terms are clearly “financial or commercial in nature.” Further, because these prices and terms are established entirely through negotiations between Southwest and its commercial suppliers, the information is obtained “from a person outside the government.” None of this information is provided by any governmental agency or official. Finally, this financial information would not normally be made public by Southwest or its negotiating partners since public disclosure would cause substantial competitive harm to Southwest. Confidential treatment of this commercially sensitive information is particularly appropriate in light of Southwest’s purchase agreements with its vendors. Such agreements customarily contain language requiring that Southwest maintain the confidentiality of certain material terms, including acquisition costs. Therefore, the release of such information would significantly hinder Southwest’s ability to negotiate favorable costs and terms from commercial vendors of airframes, aircraft and aircraft engines.

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

February 2, 2006

Motion for Confidential Treatment

Southwest hereby requests that confidential treatment be given to all information it files with the Department under Form 41, Schedule B-7, including this Schedule B-7 filing pertaining to the fourth quarter of 2005.

Counsel: Southwest, Leslie Carr


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

May 1, 2006

Motion to Withhold Information from Public Disclosure

Southwest hereby files this Motion to Withhold from Public Disclosure the information and data incorporated within the accompanying sealed envelope captioned Form 41, Schedule B-43 Inventory of Airframes and Aircraft Engines. The material for which confidentiality is sought includes Southwest’s acquisition costs and related financial information with respect to airframes, aircraft, and aircraft engines.

None of the information contained in the enclosed submission has been provided by any governmental agency or official. This information would not normally be made public by Southwest or its negotiating partners, as public disclosure would cause substantial competitive harm to Southwest. The release of such information would significantly hinder Southwest’s efforts to negotiate favorable costs and terms from commercial vendors of airframes, aircraft, and aircraft engines. Confidential treatment of this commercially sensitive information is particularly appropriate in light of Southwest’s purchase agreements with its vendors, which customarily contain language requiring that Southwest maintain the confidentiality of certain material terms, including acquisition costs.

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Schedule B-7

May 1, 2006

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Schedule B-7

August 1, 2006

Motion to Withhold from Public Disclosure

Southwest hereby files this Motion to Withhold from Public Disclosure the information and data incorporated within the accompanying sealed envelope captioned Form 41, Schedule B-7 Airframe and Aircraft Engine Acquisitions and Retirements. This information and data are being reported to the Department in accordance with the requirements of 14 C.F.R. Part 241 with respect to the second quarter of 2006.

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Schedule B-7

November 1, 2006

Motion of Southwest Airlines for Confidential Treatment

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Schedule B-7

February 5, 2007

Motion for Confidential Treatment

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Schedule B-7

February 20, 2007

Motion for Confidential Treatment

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

April 27, 2007

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6285


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

August 1, 2007

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Carr, 202-263-6285, leslie.carr@wnco.com


 

OST-1996-1640 - Form 41 Airframe and Aircraft Engine Financial Data Reporting

November 1, 2007

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285, leslie.abbott@wnco.com



OST-1996-1640 - Form 41 Schedule B-7 Airframe and Aircraft Engine Financial Data Reporting

February 4, 2008

Motion to Withhold from Public Disclosure

Southwest hereby requests that confidential treatment be given to all information it files with tie Department under Form 41, Schedule B-7, including this Schedule B-7 filing pertaining to the fourth quarter of 2007.

Counsel: Southwest, Robert Kneisley, 202-263-6285


OST-1996-1640 - Form 41 Schedule B-43 Inventory Airframes and Aircraft Engines Data Reporting

February 4, 2008

Motion to Withhold from Public Disclosure

Southwest hereby requests that confidential treatment be given to all information it files with the Department under Form 41, Schedule B-43 pertaining to calendar year 2007.

Counsel: Southwest, Robert Kneisley, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-43

April 30, 2008

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285, leslie.abbott@wnco.com



OST-1996-1960 - Family Assistance Plan

July 18, 2008

Re: Family Assistance Plan

Counsel: Southwest, Laurie Barnett, 214-792-4822



OST-1996-1640 - Confidential Treatment Under Rule 12 - Form 41, Schedule B-7

August 6, 2008

Motion to Withhold Information from Public Disclosure

Hereby files this Motion to Withhold from Public Disclosure the information and data incorporated within the accompanying sealed envelope captioned Form 41, Schedule B-7 Airframe and Aircraft Engine Acquisitions and Retirements. This information and data are being reported to the Department in accordance with the requirements of 14 C.F.R. Part 241 with respect to the second quarter of 2008.

Counsel: Southwest, Leslie Abbott, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-7

October 31, 2008

Motion to Withhold from Public Disclosure

Southwest Airlines Co. hereby files this Motion to Withhold from Public Disclosure the information and data incorporated within the accompanying sealed envelope captioned Form 41, Schedule B-7 Airframe and Aircraft Engine Acquisitions and Retirements. This information and data are being reported to the Department in accordance with the requirements of 14 C.F.R. Part 241 with respect to the third quarter of 2008. The material for which confidentiality is sought includes Southwest's acquisition costs and related financial information with respect to airframes, aircraft, and aircraft engines.

Counsel: Southwest, Robert Kneisley, 202-263-6285



OST-2008-0392 - Exemption and Certificate - US-Canada
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

December 22, 2008

Application for a Certificate of Public Convenience and Necessity and an Exemption - Bookmarked

Southwest Airlines Co. hereby submits this application for a Certificate of Public Convenience and Necessity, and Exemption authority as needed, to authorize Southwest to engage in foreign scheduled air transportation of persons, property and mail between the United States and Canada. Southwest also requests that the Department designate it for such service.

Southwest plans to initiate international service to Canada via a codeshare with WestJet Airlines Ltd. and is tentatively scheduled to begin marketing its codeshare service in the first half of 2009. Southwest and WestJet have not yet finalized the itineraries over which they will offer codeshare service. However, based on the existing route systems of both companies, codeshare service will likely be offered on domestic segments operated by Southwest to/from Las Vegas, Orlando and Tampa connecting to WestJet transborder flights to/from Calgary, Toronto, or Vancouver. Southwest will file requests for the appropriate Statements of Authorization once the final codeshare routings have been determined.

Southwest requests that the Department issue a single order to show cause to grant the requested Certificate, as well as an Exemption for a period of two years or until the Department takes final action on Southwest's Certificate application

Counsel: Southwest, Robert Kneisley, 202-263-6284



OST-2008-0392 - Exemption and Certificate - US-Canada
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing US and Foreign Carriers

December 22, 2008 | Issued January 9, 2009

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between the United States and Canada. Southwest states that it intends to offer service to Canada via a code share with WestJet Airlines, Inc. The carrier also states that it will apply for the necessary statements of authorization once the final code-share routings have been determined.

By: Paul Gretch



OST-1996-1640 - Form 41


January 30, 2009

Motion to Withhold from Public Disclosure - B-7

Counsel: Southwest, Robert Kneisley, 202-263-6285


January 30, 2009

Motion to Withhold from Public Disclosure - B-43

Counsel: Southwest, Robert Kneisley, 202-263-6285



Order 2009-4-12
OST-2008-0392 - Exemption and Certificate - US-Canada

Issued February 23, 2009 | Served April 27, 2009

Order Issuing Certificate

By this order we grant the applicant a certificate of public convenience and necessity.

This order addresses only the award of certificate authority, as we have already granted to Southwest Airlines Co. exemption authority to serve between the United States and Canada (see Notice of Action Taken dated January 9, 2009, in the instant docket).

Southwest states that it intends to offer service to Canada via a code-share arrangement with WestJet Airlines, Inc. The carrier also states that it will apply for the necessary statements of authorization once the final code-share routings have been determined.

We find that grant of this authority is consistent with the public interest and, based on officially noticeable data, we find that Southwest is fit to conduct the scheduled foreign air transportation for which it seeks authority here (see Order 2005-12-4 and Notice of Action Taken dated January 9, 2009, in Docket OST-2008-0392). Southwest is an operating certificated air carrier, for which the authority at issue here would not constitute a substantial change in operations requiring further review by the Department. No information has come to our attention which leads us to question the fitness of Southwest to perform the authority it seeks.

By: Paul Gretch



OST-1996-1640 - Form 41; Schedule B-43

April 30, 2009

Motion to Withhold Information from Public Disclosure

Counsel: Leslie Abbott, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-43

August 5, 2009

Motion to Withhold from Public Disclosure

Counsel: Robert Kneisley, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-43

November 6, 2009

Motion to Withhold from Public Disclosure

Counsel: Southwest, Robert Kneisley, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-43


February 8, 2010

Re: Motion to Withhold from Public Disclosure - Airframe and Aircraft Engine Data

Counsel: Southwest, Leslie Abbott, 202-263-6285


February 9, 2010

Re: Motion to Withhold from Public Disclosure - B-43

Counsel: Southwest, Leslie Abbott, 202-263-6285



Southwest Airlines Co.

Order 2010-4-14
OST-2010-0005 - Violations of 14 CFR Part 250 and 49 USC 41712

Issued and Served April 27, 2010

Consent Order

This consent order concerns violations by Southwest Airlines Co. of the Department’s oversales rule, 14 CFR Part 250, and the statutory prohibition against unfair and deceptive practices, 49 USC § 41712. The violations stem from the carrier’s failure 1) to furnish the required written notice to passengers who were denied boarding (“bumped”) involuntarily, and 2) to provide involuntarily bumped passengers with the appropriate amount and type of denied boarding compensation in a timely manner. The order directs Southwest to cease and desist from such further violations and assesses the carrier a civil penalty of $200,000.

The Department’s Office of Aviation Enforcement and Proceedings has investigated Southwest’s compliance with Part 250. That investigation involved a review of information regarding consumer complaints involving Part 250 sent directly to Southwest as well as a comprehensive inspection at Southwest’s headquarters of the airline’s consumer complaint records, practices, and policies involving Part 250.

This investigation revealed numerous instances in which Southwest denied boarding to passengers, but did not follow one or more of the requirements of Part 250, as outlined above. These failures violated Part 250 and constituted unfair and deceptive practices and unfair methods of competition in violation of 49 USC § 41712. The Enforcement Office views the violations uncovered during its investigation as indicative of noncompliance with Part 250 by Southwest that must be rectified.

By: Rosalind Knapp

DOT Press Release - April 27, 2010



OST-1996-1640 - Form 41; Schedule B-43

April 6, 2010

Motion to Withhold Information from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-43

August 9, 2010

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-43

November 9, 2010

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285



Order 2011-3-20
OST-2011-0003 - Violations of 14 CFR 234.11 and 49 USC § 41712

Issued and Served March 15, 2011

Consent Order

This consent order concerns violations by Southwest Airlines Co. of the requirement of 14 CFR 234.11 to display on-time performance data for each domestic flight for which schedule information is available on the initial listing of flights on its website. Violations of Part 234 also constitute unfair and deceptive practices and unfair methods of competition in violation of 49 USC § 41712. This order directs Southwest to cease and desist from future violations of Part 234 and 49 USC § 41712 and assesses the carrier $50,000 in civil penalties.

As soon as Southwest learned that its on-time performance data were not available to all consumers using southwest.com, it corrected the problem immediately. Southwest notes that the lapse resulted from an unexpected technical failure by one of the two servers supporting its website to properly load the on-time performance data. Southwest has now implemented measures to eliminate the likelihood of a similar error in the future and has added a new automated process to detect any errors in data load files so they can be corrected immediately.

By: Rosalind Knapp



OST-1996-1640 - Form 41; Schedule B-43

March 29, 2011

Motion to Withhold Information from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285



OST-1996-1640 - Form 41; Schedule B-43

March 29, 2011

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285



OST-1996-1960 - Family Assistance Plans

May 2, 2011

Family Assistance Plan

Counsel: Southwest, Laurie Barnett, 214-792-4822



Don Edward Williams v Southwest Airlines Co.

OST-2011-0149 - Violations of 49 USC 41704 and 14 CFR 382

August 12, 2011

Formal Third-Party Complaint and Request to Commence Enforement Proceeding

This formal third-party complaint against Southwest Airlines Company seeks to redress Southwest's discrimination against Complainant Edward Williams on the basis of disability with respect to air travel. More significantly, as evidenced by DOT complaints, this complaint seeks to address the systematic and pervasive acts of discrimination by Southwest and its employees against a passenger with a service animal on the basis of disability in air travel.

On February 15,2011, when Mr. Williams went to the Southwest ticket counter at the Phoenix airport a Southwest employee (Mr. Williams believes her name is Ellen and recognized her from previous trips) abruptly and rudely requested Mr. Williams to show her his documents for his service animal. Mr. Williams replied that he knew federal law did not require him to provide documentation for his service dog in order to fly. He further explained that Southwest's computer system should have information about his service dog because he is a frequent flyer and remembered providing documentation in the past. Unsatisfied by Mr. Williams' remark and without making any effort to check Southwest's computer system, the agent again demanded that Mr. Williams provide documentation identifying his dog as a service animal in order for him to fly.

In response, Mr. Williams asked the Southwest agent to speak with a manager, at which point the agent, Ellen, informed him that she was the "director for the day" and there was no one else he could speak to. Without further recourse, Mr. Williams asked the employee if she was prejudiced. At this point, she grew irate and snatched Mr. Williams' previously purchased airline ticket and told him that he did not need to fly that day.

Subsequently, Mr. Williams attempted to go to numerous other agents at different Southwest counters throughout the airport. However, the employee who denied him a flight and who illegally confiscated his airline ticket followed him around and instructed other Southwest employees not to assist him. As a result of this outrageous conduct, Mr. Williams was forced to purchase a new ticket from US Airways through a ticket agent who had witnessed the events leading up to Mr. Williams' ticket being taken from him.

By: Surisa Rivers


 

OST-1996-1640 - Form 41; Schedule B-43

February 10, 2012

Motion to Withhold from Public Disclosure

Counsel: Southwest, Leslie Abbott, 202-263-6285


 

OST-2012-0107 - Exemption - DCA Slot Slides

July 3, 2012

Application for Exemption

On June 21, 2012, Spirit Airlines, Inc. announced that it would sell four inside-perimeter 2100-hour slots at Ronald Reagan Washington National Airport to the highest bidder, for use beginning September 6, 2012. Bids were subsequently submitted, and on June 28 Spirit notified Southwest Airlines that it had submitted the highest bid. On July 2 the FAA approved the transfer of the four slots from Spirit to Southwest effective September 6. Southwest plans to use these slots to provide much needed low-fare service and competition between DCA and St. Louis, currently a monopoly market with only limited regional jet service.

However, the 2100 hour timing of all four of these slots precludes Southwest from offering an effective pattern of service between DCA and STL, and from serving points beyond STL with workable connections. Moreover, as a limited incumbent carrier with few DCA slots, Southwest does not have sufficient flexibility to incorporate the four 2100 hour slots into its schedule with internal trades. Accordingly, Southwest is hereby seeking an exemption to “slide” these slots to more practical and competitively-viable times. In fact, none of these slots are currently being operated in the 2100 hour, as Spirit previously received Department approval to slide three of the slots to earlier hours, and traded the fourth. However, as slot slides are not transferable between carriers, Southwest is seeking slides for these four slots in its own right.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2012-0107 - Exemption - DCA Slot Slides

July 5, 2012

Comments of Southwest Airlines

Significantly, Spirit unilaterally selected the date of September 6, 2012 for transfer of the slots to Southwest, less than ten weeks from the date that FAA approved Southwest’s slot purchase. Southwest asked Spirit to extend the transfer date to provide Southwest with a more traditional three-month start-up period; Spirit declined Southwest’s request. Clearly, Spirit’s selected date of September 6 was outside Southwest’s control and is a highly unusual and unpredictable condition that exists for a period longer than nine days.

Four 2100 hour shots are not by themselves operationally viable for a new DCA operator like Southwest. Indeed, today none of these slots are operated in the 2100 hour, as Spirit moved three of the slots to earlier hours under DOT-approved slides and has traded the fourth. Since slot slides are not transferable between carriers, however Southwest was required to file its own, new slide request from the DOT in order to move the slots to viable times. Obviously Southwest is not able to advertise and sell the new DCA-STL flights until it receives approval of its proposed flight times, and the DOT is not expected to make a decision until late July at the earliest.

Without the requested usage waiver, Southwest would be placed in the disadvantageous position of having only a few weeks to market and sell seats on this new route, as well as to make all necessary arrangements for aircraft and facilities. This would be especially difficult for a carrier like Southwest that currently has no service at DCA and is still building name recognition at the airport. Because DCA slots are rarely available to small carriers like Southwest, the company determined that it could not forego this unique opportunity for gaining access to DCA. However, starting service on September 6 would place undue – and unnecessary – burdens on Southwest in light of the truncated marketing and selling period as well as facility and aircraft requirements. A waiver of the usage requirements from September 6 to September 30 would still ensure a prompt inauguration of Southwest’s new service but in a more manageable timeframe under these highly unusual circumstances.

Counsel: Southwest, Robert Kneisley, 202-263-6284

OST-2000-7182 - Within-Perimeter Slots at Reagan Washington National

 

Order 2012-7-29
OST-2012-0107 - Exemption - DCA Slot Slides

Issued and Served July 25, 2012

Order

By this order, the Department is granting the request of Southwest Airlines Co. (Southwest) to move the operation of slots at Ronald Reagan Washington National Airport (Reagan National or DCA) from the 2100 hour (9:00 p.m.) to alternative times.

By: Susan Kurland

 

July 24, 2012

FAA Granting of Waiver

Under the High Density Rule, slots must be used at least 80 percent of the time. This rule is expected to accommodate routine cancellations under all but the most unusual circumstances. DCA slots not meeting the minimum usage requirement will be recalled. The FAA may grant a waiver from the minimum usage requirement in highly unusual and unpredictable conditions that are beyond the control of the carrier and affect carrier operations for a period of nine or more consecutive days.

The FAA has determined that unusual and unpredictable circumstances justifying a slot usage waiver exist. The combination of a limited time period between purchasing and acquiring the four slots from Spirit and the application for exemption pending before the DOT are highly unusual circumstances largely beyond Southwest's control. Although Southwest has taken steps to limit the period of time necessary to initiate operations, the circumstances last more than nine consecutive days. Granting a waiver for these newly acquired slots by a DCA limited incumbent is consistent with the spirit of the HDR and with recent agency decisions.

In consideration of the foregoing, Southwest's request for a waiver is GRANTED. Accordingly, the FAA will treat as used DCA slot numbers 1383, 1535 and 1536 from September 6 through September 30, 2012, and DCA slot number 1254 from September 6 through October 27, 2012.

By: Rebecca MacPherson


 


OST-1998-3305 - Passenger Manifest Information Plans

March 1, 2013

Updated Passenger Manifest Information Plan

By: Southwest, Laurie Barnett


 

Order 2013-5-1
OST-2013-0004 - Violations of 14 CFR 259.7(c), 14 CFR 382.155 and 49 USC §§ 41702, 41705 and 41712

Issued and Served May 1, 2013

Consent Order

This consent order concerns violations by Southwest Airlines Co. of 14 CFR Part 382 requiring carriers to provide timely dispositive written responses to written disability-related air travel complaints alleging a violation of Part 382 and 14 CFR Part 259 requiring carriers to provide a timely substantive written response to written consumer complaints, and related statutory provisions, 49 USC §§ 41702 and 41705. Violations of 14 CFR Parts 382 and 259 constitute violations of 49 USC § 41712, which prohibits carriers from engaging in unfair and deceptive practices and unfair methods of competition.

The violations addressed in this order were found during an April 2012 on-site regulatory compliance inspection at Southwest’s headquarters conducted by the staff of the Department’s Office of Aviation Enforcement and Proceedings. This order directs Southwest to cease and desist from future similar violations and assesses a compromise civil penalty of $150,000.

The Enforcement Office found that Southwest failed to respond timely to a large number of disability- and consumer-related complaints that it received during a seven month period of time beginning in June 2011 through January 2012. Southwest was unaware that passengers had filed complaints with the carrier during that time period because of a problem associated with its website. After Southwest discovered the problem with its website, seven months after it began, Southwest responded to the consumers; however, the majority of the responses were dated outside of the timeframes prescribed in 14 CFR 382.155 and 14 CFR 259.7(c). Southwest concedes that its responses to the disability-related complaints that it received during that time period were dated outside of the timeframes of section 382.155(d). Additionally, the Enforcement Office found that each of Southwest’s responses to the disability-related complaints that it received during that time period merely provided a summary of Southwest’s policy regarding the disability-related issues raised by the passengers and did not address the specific facts in each passenger’s complaint, in violation of section 382.155(d). Furthermore, Southwest failed to specifically admit or deny whether a violation of the substantive portions of Part 382 that were at issue in the complaints occurred, in violation of 14 CFR 382.155(d).

By: Samuel Podberesky


 

Order 2013-7-20
OST-2013-0004 - Violations of 14 CFR 399.84(a) and 49 USC § 41712

Issued and Served July 30, 2013

Consent Order

This order concerns violations by Southwest Airlines Co. of the full-fare advertising rule, 14 CFR 399.84(a), and the statutory prohibition against unfair and deceptive practices, 49 USC § 41712. It directs Southwest to cease and desist from future similar violations and assesses the carrier $200,000 in civil penalties.

In response to a consumer complaint, the Office of Aviation Enforcement and Proceedings investigated Southwest’s “The Luv a Fare Sale,” which the carrier promoted in advertisements emailed to consumers on January 11, 2013. The email advertised one-way, nonstop fares “for $100 or less” for travel on February 14, 2013. However, the Enforcement Office’s investigation revealed that Southwest failed to have a reasonable number of seats available in a number of city-pair markets that were included in the fare sale. For example, in the Atlanta–Las Vegas market only two percent of seats were made available at the sale fare and in the Minneapolis–Phoenix market only one percent of the seats were available.

Further, on January 30, 2013, Southwest published a fare advertisement through its “DING!” application for $66 one-way fares from Dallas Love Field to Branson Airport in Missouri between March 1, 2013, and March 21, 2013. However, there were no seats available at the sale fare on any day during the sale period. Specifically, Southwest’s service between DAL and BKG did not commence until March 9, 2013, and there were no fares available for $66 from March 9 through March 21.

By advertising fares for which a reasonable number of seats were not available and advertising fares that were not available at all, Southwest violated 14 CFR 399.84(a) and engaged in unfair and deceptive practices in violation of 49 USC § 41712.

By: Samuel Podberesky


 

Order 2014-5-13
OST-2014-0001 - Violations of 14 CFR 399.84(a), 49 USC § 41712 and Order 2013-7-20

Issued and Served May 29, 2014

Consent Order

This consent order concerns violations by Southwest Airlines Co. of the full-fare advertising rule, 14 CFR 399.84, and the statutory prohibition against unfair and deceptive practices, 49 USC § 41712. Specifically, the carrier advertised fares for which no seats were available. These violations also constitute violations of the cease and desist provision of Order 2013-7-20. This order directs Southwest to cease and desist from future similar violations of 14 CFR 399.84(a) and 49 USC § 41712 and assesses the carrier $200,000 in civil penalties.

For a period of time in October 2013, Southwest ran a television advertisement on eight networks in the Atlanta designated market area. The ad’s narrator stated: “If you think all airline choices in Atlanta are black and white, you’ve got another thing coming. Discover amazing low sale fares on an airline that is anything but dull. Book now only at Southwest.com with $59 sale fares to places like New York, Los Angeles, and Chicago. Let’s paint this town Southwest.” The advertisement also stated certain conditions on the sale fares, including a 14-day advance purchase requirement, a purchase deadline of November 4, 2013, and travel between November 9, 2013 and March 12, 2014. A thorough investigation by the Enforcement Office revealed that Southwest did not have any seats available for $59 between Atlanta and any of the three quoted cities on any of the applicable travel dates.

By advertising fares for which no seats were available at all, Southwest violated 14 CFR 399.84(a) and engaged in an unfair and deceptive practice in violation of 49 USC § 41712.

By: Blane Workie




OST-2005-22617 - International Air Carrier Liability Limits

June 10, 2014

Executed 2006 Implementing Provisions Agreement of Southwest Airlines

Counsel: Thompson Coburn, 202-585-6908


 

OST-2005-22617 - International Air Carrier Liability Limits

July 1, 2014

Notice of Southwest Airlines of Effectiveness of Contract of Carriage

Southwest Airlines Co. hereby provides this Notice of Effectiveness of its contract of carriage pursuant to Section VIII of the Air Transport Association of America, Inc.'s Implementing Provisions Agreement Under the Warsaw and Montreal Conventions to be Included in Conditions of Carriage and Tariffs Concerning Carrier Liability to Passengers, as approved by Department of Transportation Order 2009-12-20 in the above-referenced docket.

On June 10, 2014, Southwest deposited with the Department a signed copy of the 2006 IPA, as amended. Southwest's contract of carriage took effect on June 30, 2014, for international carriage occurring on or after that date.

Counsel: Thompson Coburn, Warren Dean, 202-585-6908


 

OST-2014-0162 - Exemption - US-Costa Rica

September 12, 2014

Application for Exemption

Southwest hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points in Costa Rica.

Southwest proposes to commence operations between Baltimore-Washington International Airport and San Jose, Costa Rica on or about March 7, 2015. Southwest requests that the exemption authority specified in the application be granted as soon as possible for a period of at least two years.

Southwest will provide this service using Boeing 737-700 aircraft configured for 143 seats and plans to offer daily service, depending on demand and other market conditions.

Counsel: Southwest Airlines, Robert Kneisley, 202-263-6284


 

OST-2014-0162 - Exemption - US-Costa Rica

September 16, 2014

Re: Polling Results

This letter is to confirm that Southwest Airlines Co. has polled all carriers on the service list attached to the above-referenced Application, and all carriers responded that they have no objections. Accordingly, Southwest requests that the exemption authority specified in the Application be granted as soon as possible.

Counsel: Southwest, Robert Kneisley, 202-263-6284




Filed September 12, 2014 | Issued September 17, 2014

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between points in the United States and points in Costa Rica.

Southwest proposes to commence operations between Baltimore/Washington International Thurgood Marshall Airport and San Jose, Costa Rica on or about March 7, 2015.

By: Paul Gretch


 

OST-2014-0193 - Exemption - Orange County-Puerto Vallarta; Baltimore-Los Cabos

November 10, 2014

Application for Exemption

Southwest Airlines Co.hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property, and mail between (i) John Wayne Airport, Orange County, California and Lic. Gustavo Diaz Ordaz International Airport in Puerto Vallarta, Mexico and (ii) Thurgood Marshall Baltimore Washington International Airport and Los Cabos International Airport in San Jose del Cabo.

Assuming receipt of all necessary approvals, Southwest proposes to begin selling SNA-PVR and BWI-SJD flights on December 17, 2014 for service commencing on or about June 7, 2015. Southwest requests that the exemption authority specified in this application be granted as soon as possible for a period of at least two years.

Southwest already holds numerous exemption authorities from the Department authorizing service to countries in the Caribbean, including Aruba, the Bahamas, Jamaica, and the Dominican Republic (See Notice of Action Taken issued October 23, 2013 in Docket OST-2013-0181), as well as a number of US-Mexico markets, including BWI-CUN, AUS-CUN, AUS-SJD, DEN-CUN, MKE-CUN, MDW-CUN, SAT-MEX, SAT-CUN, SNA-MEX and SNA-SJD (See Notice of Action Taken issued October 23, 2013 in Docket OST-2013-0180).

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2014-0193 - Exemption - Orange County-Puerto Vallarta; Baltimore-Los Cabos

November 14, 2014

Re: Polling Results

This letter is to confirm that Southwest Airlines Co. has polled all carriers on the service list attached to the above-referenced Application, and all carriers responded that they have no objections. Accordingly, Southwest requests that the exemption authority specified in the Application be granted as soon as possible.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2014-0193 - Exemption - Orange County-Puerto Vallarta; Baltimore-Los Cabos

Filed November 10, 2014 | Issued December 1, 2014

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between (1) Orange County, California and Puerto Vallarta, Mexico; and (2) Baltimore, Maryland and San Jose del Cabo, Mexico.

Southwest proposes to commence Orange County-Puerto Vallarta service on or about June 7, 2015; and Baltimore-San Jose del Cabo service on or about June 13, 2015.

With respect to services to and from Orange County, we will designate Southwest to provide service to and from Santa Ana, California, consistent with the carrier’s application and with the US-Mexico aviation agreement.

By: Paul Gretch


 

OST-2014-0222 - Exemption - Houston-Cancun/Mexico City/Puerto Vallarta/San Jose del Cabo

December 11, 2014

Application for Exemption and Foreign Air Carrier Permit

Southwest Airlines Co. hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property and mail between Houston Hobby International Airport on the one hand and (i) Cancun, (ii) Mexico City (MEX), (iii) Puerto Vallarta and (iv) San Jose del Cabo, Mexico on the other hand. Southwest plans to begin selling flights on these four routes in the first quarter of 2015, and to commence operations with daily service in all four markets with Boeing 737-700 aircraft configured for 143-seats on or around October 15, 2015.

In these markets, service by ExpressJet and SkyWest under the United Express brand means that two US carrier designations are being used on behalf of one US airline. The United Express service is marketed, distributed, priced and otherwise entirely controlled by United to complement its mainline service in those markets. United and its partner carriers coordinate, rather than compete, with one another, and together utilize dual designations to provide consumers with a single carrier option.

Southwest would be an independent, new entrant carrier on these routes and would provide year-round, daily, large-jet service offering consumers low fares, competition and new travel options. Given that Southwest is now prepared to enter and compete in the Houston-MEX and Houston-SJD markets, there is no justification for allowing United and its partner carriers to continue to hold dual authorities in these markets that would block that competition. Accordingly, we request that the Department: (1) withdraw one of the two authorities currently held by United and its partner carriers in both the Houston-MEX and Houston-SJD markets, and (2) grant Southwest exemption authority and corresponding designations to serve these two markets. Southwest also requests exemption authority and designations in the HOU-CUN and HOU-PVR markets.

Counsel: Southwest, Robert Kneisley, 202-263-6284





OST-2014-0223 - Exemption - US-Belize

December 11, 2014

Application for Exemption and Foreign Air Carrier Permit

Southwest Airlines Co. hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points in Belize.

Following receipt of all necessary approvals, Southwest proposes to publish service for sale between Houston Hobby Airport and Belize City, Belize in the first quarter of 2015. Southwest will commence daily flights with Stage III B737-700 aircraft configured for 143 seats, beginning on or around October 15, 2015. Southwest requests that the exemption authority specified in the Application be granted as soon as possible for a period of at least two years.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

Order 2014-12-10
OST-2000-7182

Issued and Served December 15, 2014

Order Reallocating Within-Perimeter Slot Exemptions

By this Order, the Department is reallocating two within-perimeter slot exemptions at Ronald Reagan Washington National Airport to Southwest Airlines Co. to operate one daily nonstop round trip to Kansas City International Airport in Kansas City, Missouri.

In comparing the merits of the applications under the Section 41718(b)(5) criterion, we find that both Southwest and jetBlue would likely offer low-fare service. Both carriers have affirmatively asserted their intention to offer low fares in their applications and have well-established records of providing competitive, low-fare service upon entering markets. In contrast, while American argued that it would offer a range of fares, including discount fares, American is not considered to be a low-fare carrier. In addition, American proposes to operate the DCA-ISP route with 50-seat CRJ-200 aircraft. This is the smallest proposed aircraft in this proceeding and would not utilize the limited available capacity at DCA as efficiently as the Southwest or jetBlue proposals that would use 143-seat and 100-seat aircraft respectively. Given these factors, we do not believe the merits of American’s application with respect to Section 41718(b)(5) reach those of either Southwest’s or jetBlue’s applications.

Having made this determination, a comparative analysis was conducted of the Southwest and jetBlue applications under Section 41718(b)(5). In comparing the applications, we examined the patterns of air service between DCA and Kansas City, and DCA and Jacksonville, including the average fares in each market. This examination revealed that both Southwest and jetBlue offer significant fare discounts relative to their competitors on a system-wide basis, at 19 percent and 24 percent respectively. However, in markets they serve from DCA, additional analysis found that both carriers offer a similar 20 percent discount compared to their competitors.

Given the similar fare levels exhibited by each carrier at DCA, we had to look to other differentiating factors. First, Southwest proposes to use an aircraft with 43 more seats than does jetBlue. Given the constrained nature of operations at DCA, we find that Southwest would use the limited resources that are these slot exemptions more efficiently.

Moreover, Kansas City is a much larger market than Jacksonville, providing for a larger pool of potential passengers. According to the US Census Bureau, the Kansas City Metropolitan Statistical Area is home to 2,054,473 people, while Jacksonville is home to 1,394,624 people. When examining current schedules, we also found that there is less nonstop air service between DCA and Kansas City than between DCA and Jacksonville, even though Kansas City is the larger market. The DCA-MCI market has 1432 weekly nonstop seats while the DCA-JAX market has 2201 weekly nonstop seats.

MCI also offers more online connecting opportunities for passengers than does JAX. According to September, 2014 published schedules, the only connecting service offered by JetBlue at JAX is to San Juan, Puerto Rico, which jetBlue already serves directly from DCA. On the other hand, Southwest offers connecting service from MCI to at least ten beyond destinations, including Denver, Phoenix, Los Angeles, Seattle and others.

While jetBlue’s application has merit, we find that Southwest’s application will likely produce greater consumer benefits for a larger pool of passengers in a market with less DCA service than would jetBlue’s Jacksonville service. The proposals from both Southwest and jetBlue would bring competition to their respective proposed markets, but we conclude that the maximum competitive benefits will be realized by the award of these two slot exemptions to Southwest for service to MCI.

By: Susan Kurland


 

OST-2014-0222 - Exemption - Houston-Cancun/Mexico City/Puerto Vallarta/San Jose del Cabo

December 23, 2014

Comments of the Southwest Airlines Pilots' Association

SWAPA strongly supports Southwest Airline’s application for exemption to engage in scheduled foreign air transportation between Houston Hobby International Airport and Cancun, Mexico City, Puerto Vallarta and San Jose del Cabo, Mexico. SWAPA believes that this represents an opportunity to bring the “Southwest Effect” to several major markets that lack effective low fare competition.

The US-Mexico market is currently artificially constrained by the archaic US Mexico Air Transport Agreement. As such low cost carrier penetration significantly lags the domestic US market. While we applaud the US Department of Transportation and Department of State for recently negotiating a new treaty that will remove virtually all artificial constraints, until that treaty is ratified and in force, this case is about how to ensure the public the greatest gains within the context of the existing rules.

By: Paul Jackson, 800-969-7972




December 29, 2014

Answer of The City of Houston

Houston greatly values all of the services provided by carriers at both HOU and IAH, and has no desire to lose of any of its existing services, even during the interim period prior to implementation of the new agreement. Both United and Southwest are important partners with the City. Both have made substantial commitments to and generate extensive air transportation benefits for the City, and major expansion and development projects are underway at both IAH and HOU to accommodate the carriers’ current and future growth. But at the same time, the City’s interest and obligation is to promote additional air services and competition, and in seeing that new entrant carriers desirous of providing Mexico services from Houston can obtain the authority that they need. Houston hopes that the Department will explore all opportunities available to approve and secure additional rights from Mexico so that all carriers wishing to serve these markets are able to obtain the authority they need on a timely basis. As Southwest has indicated, it needs to receive the authority as soon as possible so that it can begin selling flights by the first quarter of 2015, given the Hobby international facilities’ opening date and the October 2015 start date for Southwest’s services. Houston asks the Department to ensure that whatever action is taken, it is concluded consistent with that timeframe.

Counsel: Zuckert Scoutt, Rachel Trinder, 202-973-7927

 

December 29, 2014

Answer of Spirit Airlines

Spirit urges the Department to advance the public interest and support new entry and competition by exercising the discretion it has reserved by reassigning one of the two United held designations in each of the HOU/MEX and HOU/SJD markets to Southwest. The reallocation of a duplicate U.S. carrier designation would advance the Department’s principle objective of maximizing public benefits through the promotion of competition and valuable consumer benefits. Preventing city pair domination by certain carriers and their partners will generate “new low-cost travel options for a large number of U.S. consumers.” As shown in the Appendix to Southwest’s Application, low fare carrier entrance into a market previously dominated by legacy carriers can result in fare reductions of up to 25%. Such significant reductions will offer new travel options to millions of passengers who previously may have been unable to afford a flight to Mexico.

Given the benefits derived by the traveling public from enhanced competition, Spirit believes the Department should grant Southwest’s request to: (1) withdraw one of the two designations currently held by United and its partner carriers in both the HOU-MEX and HOU-SJD markets; and (2) provide Southwest authority and corresponding designations to service HOU-MEX and HOU-SJD markets.

Counsel: Kirstein & Young, Joanne Young, 202-331-3348

 

December 29, 2014

Answer of United Airlines and SkyWest Airlines

Unless and until Southwest can demonstrate that HOU’s new international facilities will be completed and fully staffed by Southwest’s proposed startup date, it would be reckless for the Department to consider eliminating existing consumer service options in the Houston-Mexico City/San Jose del Cabo markets.

United urges the Department to grant Southwest extra-bilateral authority for Southwest to commence its proposed Houston-Mexico City/San Jose del Cabo operations and preserve the existing United mainline and SkyWest regional jet services to the benefit of United’s customers, coworkers and communities. Doing so would enhance competition on these important U.S.-Mexico routes, further the intent of the new U.S.-Mexico air transport agreement, and serve the public interest.

Counsel: United and Crowell & Moring, Gerald Murphy, 202-624-2500


 

OST-1996-1960 - Family Assistance Plans

December 23, 2014

Family Assistance Plan

Counsel: Southwest, Karie Lardon


 

OST-2014-0222 - Exemption - Houston (Hobby)-Cancun/Mexico City/Puerto Vallarta/San Jose del Cabo

January 10, 2015

Consolidated Surreply of United Airlines and SkyWest Airlines and Motion for Leave to File

Unlike Southwest, United, SkyWest and the City of Houston are focused on a solution that will allow all carriers to serve the Houston-Mexico City/San Jose del Cabo markets without delay – and without disrupting existing services and harming consumers. Southwest, in its Reply: (i) continues to ignore well-established DOT precedent requiring carrier selection proceedings; (ii) argues against the Department using extra-bilateral authority to grant Southwest’s Application while not disputing that doing so would allow all carriers to serve the markets in question; and (iii) fails to provide concrete assurances that Southwest will actually be able to commence its proposed services on October 15, 2015. Nevertheless, the fact remains that granting extra-bilateral authority to Southwest is the only alternative that will truly benefit all carriers, consumers and communities on both sides of the border, and is in the public interest.

While United and SkyWest reserve their rebuttal to the economic study Southwest cites in support of its Application for a proper carrier selection proceeding, if necessary, they point out that the study appears to have been done before Spirit entered the Houston-San Jose del Cabo market. Southwest Reply at 3 (citing Southwest Application at 4-5 and Exhibits 1-7). Accordingly, the study cannot accurately portray the purported effects of Southwest’s proposed services.

Counsel: Crowell & Moring, Gerald Murphy, 202-624-2500


 

Southwest Airlines Co.

Order 2015-1-10
OST-2015-0002 - Violations of 14 CFR Part 259 and 49 USC §§ 42301 and 41712

Issued and Served January 15, 2015

Consent Order

This consent order concerns violations by Southwest Airlines Co. of 14 CFR Part 259, the Department’s tarmac delay rule; 49 USC § 42301, which requires adherence to a carrier’s emergency contingency plan; and 49 USC § 41712, which prohibits unfair and deceptive practices. Specifically, the carrier violated the Department’s tarmac delay rule by failing to adhere to the assurances in its contingency plan for lengthy tarmac delays that the carrier (1) would not allow an aircraft to remain on the tarmac for more than three hours for domestic flights before providing passengers an opportunity to deplane, and (2) would have sufficient resources to implement its plan. This order directs Southwest to cease and desist from future similar violations of 14 CFR Part 259 and 49 USC §§ 42301 and 41712 and assesses the carrier $1,600,000 in civil penalties.

By: Blane Workie


 

OST-2014-0222 - Exemption - Houston-Cancun/Mexico City/Puerto Vallarta/San Jose del Cabo

January 16, 2015

Contingent Answer of Southwest Airlines to Motion for Leave to File

Southwest Airlines files this Contingent Answer in response to the unauthorized Consolidated Surreply filed by United Airlines and SkyWest Airlines in this docket on January 12, 2015. United’s Surreply consists almost entirely of re-hash of arguments that United made (or could have made) in prior pleadings. The Surreply therefore fails to demonstrate “good cause” as required by Rule 6 of the Department’s Rules of Practice (14 CFR § 302.6) for the acceptance of unauthorized pleadings.

Nothing in United’s Surreply changes the overriding fact that Southwest’s proposed Houston-Mexico service will provide independent competition, significant new low-cost travel options for passengers, and is in the public interest. Accordingly, we respectfully request that the Department expeditiously grant Southwest’s application to enable it to provide HOU-MEX and HOU-SJD service as it has proposed.

Southwest also requests that the Department grant the uncontested HOU-CUN and HOU-PVR authority and corresponding designations requested in its Application as well.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2014-0223 - Exemption - US-Belize

Filed December 11, 2014 | Issued January 20, 2015

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and a point or points in Belize.

Southwest proposes to begin daily service between Houston and Belize City, Belize on or about October 15, 2015.

By: Paul Gretch


 

OST-2014-0222 - Exemption - Houston-Cancun/Mexico City/Puerto Vallarta/San Jose del Cabo

Filed December 11, 2014 | Issued January 22, 2015

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between Houston, Texas, on the one hand, and (1) Cancun, Mexico; (2) Mexico City, Mexico; (3) Puerto Vallarta, Mexico; and (4) San Jose del Cabo, Mexico, on the other hand.

Southwest proposes to begin daily service in all four markets beginning on or about October 15, 2015.

By: Paul Gretch


 

OST-2014-0222 - Exemption - Houston-Cancun/Mexico City/Puerto Vallarta/San Jose del Cabo

January 27, 2015

Support Letter of Congressman Kevin Brady (TX-8)

After carefully reviewing the timeline and facts, I would request the Department simply grant Southwest extra-bilateral authority for the 2.5 month period between their announced data and the US-Mexico agreement enactment date of January 1, 2016. Given the air carrier and consumer impact, along with the timing of the US-Mexico air transport agreement, this arrangement would eliminate the need for a costly, yet unnecessary route proceeding if the status quo is followed. It is my understanding that there is ample precedent for DOT to grant extra-bilateral authority as both US and Mexican carriers were granted such authority in 1999, along with subsequent examples in more recent years between the two countries.

Based on the timeline and precedent, I want to reiterate that the Department should use the authority it has to grant extra-bilateral authority to Southwest (or any carrier for that matter) so that all airlines can participate in each of the Houston-Mexico City and Houston-San Jose del Cabo markets. This is a common sense solution that would all all carriers to serve the market in question without disrupting existing services.

By: Congressman Kevin Brady


 

OST-2014-0222 - Exemption - Houston-Cancun/Mexico City/Puerto Vallarta/San Jose del Cabo

Filed December 11, 2014 | Issued March 10, 2015

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between Houston, Texas, on the one hand, and (1) Mexico City, Mexico; and (2) San Jose del Cabo, Mexico, on the other hand. Southwest proposes to begin daily service in these markets beginning on or about October 15, 2015.

Our action here addresses the remaining portion of Southwest’s pending request in this Docket. On January 22, 2015, the Department granted exemption authority to Southwest, permitting it to serve the Houston-Cancun and Houston-Puerto Vallarta markets. In that Notice of Action Taken, the Department deferred action on Southwest’s request for exemption authority to serve the Houston-Mexico City and Houston-San Jose del Cabo markets.

We are approving Southwest’s exemption authority through January 22, 2017, coextensive with its existing exemption authority in this Docket.

By: Paul Gretch


 

OST-2015-0084 - Exemption - Denver-Puerto Vallarta

April 14, 2015

Application for Exemption

Southwest hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property and mail between Denver International Airport and Lic. Gustavo Diaz Ordaz International Airport in Puerto Vallarta, Mexico.

Assuming receipt of all necessary approvals, Southwest proposes to begin selling DEN-PVR service on May 14, 2015 for flights commencing on or about November 2, 2015. Southwest requests that the exemption authority specified in this application be granted as soon as possible for a period of at least two years. Southwest proposes to commence service between DEN and PVR on or about November 2, 2015 with daily service using Stage III Boeing 737-700 aircraft configured for 143 seats.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2015-0084 - Exemption - Denver-Puerto Vallarta


April 23, 2015

Re: Polling Results

This letter is to confirm that Southwest Airlines Co. has polled all of the carriers on the service list attached to the above-referenced application, and all carriers have responded that they have no objections. Accordingly, Southwest requests that the exemption authority requested in the application be granted as soon as possible.

Counsel: Southwest, Leslie Abbott



OST-2015-0084 - Exemption - Denver-Puerto Vallarta

Filed April 14, 2015 | Issued April 24, 2015

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between Denver, Colorado and Puerto Vallarta, Mexico. Southwest states that it intends to begin operating the flights on or about November 2, 2015.

By: Paul Gretch




OST-2016-0013 - Exemption - US-Mexico/Central America Routes

January 19, 2016

Application for Renewal and Issuance of Exemption

Southwest Airlines Co. hereby files this Application for renewal and/or issuance of an exemption from 49 USC § 41101 authorizing Southwest to continue providing scheduled foreign scheduled foreign air transportation of persons, property and mail in the markets listed below. For administrative convenience and to facilitate future renewals, Southwest requests that all of the referenced exemption authorities be consolidated into a single docket and be awarded for the same period of time with the same expiration date.

OST-2015-0084
Denver-Puerta Vallarta

OST-2014-0193
Santa Ana-Puerta Vallarta
Baltimore-Cancun

OST-2014-0222
Houston (Hobby)-Puerta Vallarta
Houston (Hobby)-Cancun

OST-2013-0180
Atlanta-Cancun
Austin-Cancun
Austin-San Jose del Cabo
Baltimore-Cancun
Denver-Cancun
Denver-San Jose del Cabo
Chicago (Midway)-Cancun
Milwaukee-Cancun
San Antonio-Cancun
San Antonio-Mexico City
San Diego-Cancun
Santa Ana-Mexico City
Santa Ana-San Jose del Cabo

OST-2014-0162
US-Costa Rica

OST-2014-0223
US-Belize

OST-2013-0181
US-Aruba
US-Bahamas
US-Dominican Republic
US-Jamaica

Renewal and issuance as requested for the above exemption authorities is in the public interest for the same reasons that supported the Department’s original grants of these authorities. Southwest currently provides service in these markets with Stage III Boeing 737-700 aircraft configured for 143 seats.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0013 - Exemption - US-Mexico/Central America Routes


January 19, 2016

Re: Polling Results

This letter is to confirm that Southwest Airlines Co. has polled all of the carriers on the service list attached to the above-referenced application, and all carriers have responded that they have no objections. Accordingly, Southwest requests that the exemption authority requested in the application be granted as soon as possible.

Counsel: Southwest, Leslie Abbott, 202-263-6285


January 21, 2016

Notice of Action Taken

Exemption for:

  1. Scheduled foreign air transportation of persons, property and mail between (1) Atlanta, Georgia and Cancun, Mexico; (2) Baltimore, Maryland and Cancun, Mexico; (3) Milwaukee, Wisconsin and Cancun, Mexico; (4) San Antonio, Texas and Mexico City, Mexico; (5) San Antonio, Texas and Cancun, Mexico; (6) Orange County, California and Mexico City, Mexico; (7) Orange County, California and San Jose del Cabo, Mexico; (8) Chicago, Illinois and Cancun, Mexico; (9) Austin, Texas and Cancun, Mexico; (10) Denver, Colorado and Cancun, Mexico; (11) Denver, Colorado and San Jose del Cabo, Mexico; and (12) Austin, Texas and San Jose del Cabo, Mexico.
  2. Scheduled foreign air transportation of persons, property and mail between points in the United States and Aruba.
  3. Scheduled foreign air transportation of persons, property and mail between points in the United States and Nassau, Bahamas.
  4. Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and a point or points in the Dominican Republic.
  5. Scheduled foreign air transportation of persons, property and mail between points in the United States and Montego Bay, Jamaica.

The applicant’s previous exemption authority to serve the subject markets expired when the applicant failed to seek timely renewal. See Dockets OST-2013-0180 and OST-2013-0181. Our approval of its present request does not serve to insulate the applicant from any enforcement action which may be taken by the Assistant General Counsel for Aviation Enforcement and Proceedings.

Renewal of:

  1. Scheduled foreign air transportation of persons, property, and mail between (1) Denver, Colorado and Puerto Vallarta, Mexico; (2) Orange County, California and Puerto Vallarta, Mexico; (3) Baltimore, Maryland and San Jose del Cabo, Mexico; (4) Houston, Texas and Puerto Vallarta; and (5) Houston, Texas and Cancun, Mexico.
  2. Scheduled foreign air transportation of persons, property and mail between points in the United States and points in Costa Rica.
  3. Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and a point or points in Belize.

By: Brian Hedberg


 

OST-2016-0094 - Exemption - Los Angeles-Cancun/San Jose del Cabo/Puerto Vallarta

June 1, 2016

Application for Exemption

Southwest hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property and mail between Los Angeles International Airport on the one hand and (i) Cancun, (ii) San Jose del Cabo and (iii) Puerto Vallarta, Mexico, on the other hand. Southwest plans to begin selling flights on these three routes as soon as authority is granted and proposes to commence operations in November 2016 (assuming Southwest receives authority by the end of June) with twice daily LAX-CUN and LAX-SJD service and once daily LAX-PVR flights.

Southwest has committed aircraft resources to serve these markets and requests authority to begin selling the flights as soon as possible to enable a November 2016 start date for the winter season. According to some reports, it could take several months before the new Agreement formally becomes effective. Southwest therefore requests extra-bilateral authority to allow it to sell and serve these markets in the interim period while the US and Mexican governments take the final diplomatic steps to bring the pending Agreement into force.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0094 - Exemption - Los Angeles-Cancun/San Jose del Cabo/Puerto Vallarta

June 7, 2016

DGAC Application

Attached please find an Application filed on behalf of Southwest Airlines with the General Directorate of Civil Aeronautic in Mexico on June 3, 2016, requesting authority to provide air transportation services between: (1) LAX-CUN, (2) LAX-SJD, and (3) LAX-PVR. These are the same markets for which Southwest is seeking authority from the Department via its Application filed in the above-referenced docket on June 1, 2016.

Consistent with its Application to the DOT, Southwest’s Application to the DGAC requests a grant of extra-bilateral authority by the end of this month for the interim period before the pending US-Mexico Aviation Agreement becomes effective.

Counsel: Southwest, Robert Kneisley, 202-263-6284




OST-2016-0094 - Exemption - Los Angeles-Cancun/San Jose del Cabo/Puerto Vallarta

June 16, 2016

Answer of Delta and AeroMexico

Delta and AeroMexico welcome the opportunity for all US and Mexican carriers to provide expanded US-Mexico transborder flights pursuant to the new liberalized US-Mexico bilateral air transport agreement, when that agreement comes into force 30 days after it is formally implemented1 by an exchange of diplomatic notes. However, that key event -- the formalization of the new bilateral -- has not yet occurred. Consequently, there is no basis for the Department to grant authority to Southwest or any other carrier that might file similar applications seeking extra-bilateral authority. Unlike the application of Dynamic Airways (filed the same day as Southwest’s) which seeks Open Skies authority if and when the Open Skies bilateral becomes effective and enters into force, Southwest’s application seeks authority before the new agreement comes into force. Southwest concedes that its “proposed service is not consistent with the current bilateral aviation agreement” but would be “fully consistent with the new Agreement.” Southwest also acknowledges that the new Agreement has not yet become effective.

Accordingly, the Department should defer action on Southwest’s application until the new bilateral agreement formally comes into force. In this way, the Department would ensure that all US and Mexican carriers are able to begin marketing and selling tickets for services authorized under the new bilateral agreement at the same time as a matter of procedural fairness. Deferring approval of the application on entry into force of the agreement would also limit consumer harm by preventing Southwest from selling tickets for new Mexico routes until they obtain authority to provide the service. For these reasons, the public interest is best served by waiting for the new agreement to come into force to enable all US and Mexican carriers the opportunity to implement expanded transborder service, instead of approving new routes on an ad hoc basis.

Counsel: Hogan Lovells, Robert Cohn, 202-637-4999 for AeroMexico / Alexander Krulic, 202-216-0700 for Delta



June 17, 2016

Reply of Southwest Airlines

First, Delta and AeroMexico make the astonishing claim that additional Southwest competition in these markets will somehow result in “consumer harm.” The carriers’ Joint Answer does not explain what consumer harm could possibly be caused by granting Southwest’s Application, however. In fact the opposite is true, namely that consumers will be harmed if Southwest’s application is not granted. Southwest has shown in its Application that its fares will be more than 20% lower than the average fares in the three LAX-Mexico markets today, will stimulate a total of more than 500,000 additional one-way passengers, and save consumers $50 million annually – the classic Southwest Effect, evidence that Delta and AeroMexico do not dispute.

Delta/Aeromexico also urge DOT to delay action on Southwest’s Application as a matter of “procedural fairness” to other airlines. This claim comes with poor grace from the carriers that together operate more US-Mexico flights and seats than any other airline and who are currently seeking extraordinary protection from the antitrust laws for their joint venture alliance going forward. Of course, granting Southwest’s Application would in no way prevent Delta/AeroMexico from seeking whatever authorities they wish to apply for prior to the effective date of the new bilateral agreement. In fact, Delta/AeroMexico have been extremely active in acquiring a significant number of new route authorities and codeshare authorizations for their US-Mexico trans-border service.

The reality is that Delta/AeroMexico’s opposition has nothing at all to do with either “consumer harm” or “unfairness” but is instead a transparent effort to insulate themselves from competition by Southwest. Delta and Aeromexico will directly benefit by delaying or preventing Southwest’s entry into the LAX-Mexico markets in question - Delta today serves two of the three markets (LAX-CUN and LAX-PVR) with its own aircraft and carries Aeromexico’s code on all its flights in those markets.

Beyond that, Delta/AeroMexico also stand to benefit by delaying Southwest from building up its international service in LAX Terminal 2, one of the terminals where Delta/AeroMexico are planning to relocate their joint operations. To the extent that Delta and AeroMexico are successful in impeding Southwest’s international service in T2, they are likely to benefit by gaining more of the limited and valuable terminal space for themselves.

In truth, then, Delta’s and AeroMexico’s opposition to Southwest’s Application is a self-serving attempt to stifle competition from Southwest while advancing their own competitive interests - at the expense of consumers in both countries. The Department’s responsibility under the law, of course, is to act in the public interest, regardless of the self-interest of individual carriers who will be hurt by additional competition in currently restricted markets. Least of all should the DOT be concerned about protecting the competitive interests of two large US-Mexico carriers who are actively seeking antitrust immunity in the very markets that Southwest wants to enter.

Accordingly, the Department should not reward Delta/AeroMexico for their transparent effort to suppress competition for their own competitive gain. Southwest stands ready to offer aggressive, low-fare competition in these three important trans-border markets now, for the benefit of consumers and businesses in both countries. Southwest’s Application has the strong support of both the Mayor of Los Angeles and the Los Angeles World Airports. It is undisputed that Southwest’s year-round, daily, low-fare competition will deliver millions of dollars in fare savings to US consumers - precisely the kind of benefits the new Agreement was designed to deliver.

Finally, despite Delta/AeroMexico’s claims to the contrary, the DOT has ample authority to grant extra-bilateral authority to Southwest as it has done numerous times for both US and Mexican carriers. The Department has found repeatedly – in a variety of circumstances – that such extra-bilateral service is “in the public interest” and should be granted. On the cusp of such a significant liberalization in aviation relations between the two countries, granting authority that is fully consistent with the new Agreement, as a way to enhance competition and consumer benefits during this interim period before the new Agreement becomes effective, is entirely justified and in the interests of both countries.

Counsel: Southwest, Robert Kneisley, 202-263-6284




OST-2016-0094 - Exemption - Los Angeles-Cancun/San Jose del Cabo/Puerto Vallarta

June 20, 2016

Comments of Travelers United

Travelers United strongly supports this expansion of flights between the USA and Mexico. We understand that Southwest Airlines is ready to begin service, which will only help the competitive marketplace and comparison-shopping for both US tourists visiting Mexico and vice versa.

Travelers United urges approval of the Southwest Airlines’ request of extra-bilateral authority to allow it to sell and serve these markets in the interim period while the US and Mexican governments take the final diplomatic steps to bring the pending agreement into force. Southwest will provide vastly more daily roundtrips and seats to these markets. It is clearly in the public interest for the Department to take all steps possible to reduce the capacity restrictions that have served to prop up airfares and reduce the number of travelers and the flow of tourism dollars both to the USA and Mexico.

Approval of this extra-bilateral authority will allow consumers to reap the benefits of better competition and more choice of airlines as soon as possible. The granting of these permissions are not a matter of if, but of when. Any opposition to the grant can only be based on a desire to maintain a marketplace without strong competition.

By: Charles Leocha, 202-713-9596


 

 

OST-2016-0124 - Exemption - Oakland-San Jose del Cabo/Puerto Vallarta

July 13, 2016

Application for Exemption

Southwest Airlines Co. hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property and mail between Oakland, California on the one hand and (i) San Jose del Cabo and (ii) Puerto Vallarta, Mexico on the other hand.

Assuming receipt of all necessary approvals, Southwest proposes to begin selling OAK-SJD/PVR service in August 2016 for flights commencing in February 2017. Southwest requests that the exemption authority specified in this application be granted as soon as possible for a period of at least two years.

Southwest proposes to commence service between OAK and SJD and OAK and PVR on or about February 12, 2017 with daily service using Stage III Boeing 737-700 aircraft configured for 143 seats.

Counsel: Southwest, Robert Kneisley, 202-263-6285




OST-2016-0124 - Exemption - Oakland-San Jose del Cabo/Puerto Vallarta

July 15, 2016

Re: Polling Results

This letter is to confirm that Southwest Airlines Co. has polled all of the carriers on the service list attached to the above-referenced application, and all carriers have responded that they have no objections. Accordingly, Southwest requests that the exemption authority requested in the application be granted as soon as possible.

Counsel: Southwest, Leslie Abbott, 202-263-6285




OST-2016-0124 - Exemption - Oakland-San Jose del Cabo/Puerto Vallarta

Filed July 13, 2016 | Issued July 18, 2016

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between Oakland, California, on the one hand, and San Jose del Cabo and Puerto Vallarta, Mexico, on the other hand. Southwest states that it intends to begin Oakland-San Jose del Cabo and Puerto Vallarta service on or about February 12, 2017.

By: Brian Hedberg


 

OST-2016-0094 - Exemption - Los Angeles-Cancun/San Jose del Cabo/Puerto Vallarta

Filed June 1, 2016 | Issued July 29, 2016

Notice of Action Taken

Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, on the one hand, and (1) Cancun, Mexico; (2) San Jose del Cabo, Mexico; and (3) Puerto Vallarta, Mexico, on the other hand. Southwest proposes to begin twice daily service in the Los Angeles-Cancun and Los Angeles-San Jose del Cabo markets, and once daily service in the Los Angeles-Puerto Vallarta market, commencing on or about November 6, 2016.

By: Paul Gretch


 

OST-2016-0157 - Exemption and Certificate - US-Mexico Scheduled Passenger

August 8, 2016

Application for Exemption Authority and a Certificate of Public Convenience and Necessity

Southwest Airlines Co. hereby applies for a certificate of public convenience and necessity authorizing Southwest to engage in scheduled foreign air transportation of persons, property, and mail between the United States and Mexico to the full extent available under the liberalized US-Mexico Air Transportation Agreement that was signed December 18, 2015, and which will enter into force August 21, 2016. To the extent necessary, Southwest also requests that it be designated under Article 3 of the US-Mexico Air Transportation Agreement to perform such foreign air transportation.

Southwest also applies for exemption authority pursuant to 49 USC § 40109 and Subpart C of the Department’s Rules of Practice authorizing scheduled foreign air transportation of persons, property and mail between the US and Mexico to the full extent available under the Agreement. Southwest requests that the exemption be granted for a period of at least two years, or until the effective date of Southwest’s US-Mexico certificate authority.

Southwest will operate all flights with Stage III Boeing 737-700 and 737-800 aircraft configured for 143 or 175 seats.

Counsel: Southwest, Robert Kneisley, 202-263-6285


 

OST-2016-0157 - Exemption and Certificate - US-Mexico Scheduled Passenger

August 11, 2016

Re: Polling Results

This letter is to confirm that Southwest Airlines has polled all of the US carriers on the service list attached to the above-referenced application, and all carriers have responded that they have no objections. Accordingly, Southwest requests that the exemption and certificate authority requested in the application be granted as soon as possible.

Counsel: Southwest, Leslie Abbott, 202-263-6285


 

OST-2016-0157 - Exemption and Certificate - US-Mexico Scheduled Passenger

Filed August 8, 2016 | Issued August 12, 2016

Notice of Action Taken

Exemption for two years for scheduled foreign air transportation of persons, property and mail (a) from a point or points in the United States to a point or points in Mexico; (b) from Dallas/Fort Worth and San Antonio to Mexico City, Toluca, and Acapulco, and beyond to points in Panama and beyond; (c) from New York, Washington, Baltimore, Los Angeles, and Houston, to Mexico City and Toluca, and beyond to a point or points in Central and/or South America; and (d) from a point or points in the United States, via an intermediate point or points, to a point or points in Mexico, and beyond, as mutually agreed in writing by the aeronautical authorities of the Parties; and

Scheduled foreign air transportation of property and mail (a) from a point or points in the United States, via an intermediate point or points, to a point or points in Mexico, and beyond; and (b) from a point or points in Mexico to any point.

We will handle Southwest’s request for certificate authority separately.

By: Brian Hedberg


 

Order 2016-8-33
OST-2016-0002 - Violations of 49 USC § 41712 and 14 CFR Parts 250, 254 and 259

Issued and Served August 26, 2016

Consent Order

This order concerns violations of the notification provisions of the Department’s oversales rule, 14 CFR Part 250, and the notification provisions of the Department’s domestic baggage liability rule, 14 CFR Part 254 by Southwest Airlines Co. Violations of Part 250 and 254 also constitute failures to adhere to the carrier’s Customer Service Plan in violation of 14 CFR 259.5 and are unfair and deceptive practices in violation of 49 USC § 41712. The order directs Southwest to cease and desist from further similar violations of 49 USC § 41712 and 14 CFR Parts 250, 254, and 259, and assesses Southwest $40,000 in civil penalties.

During compliance inspections by the Department’s Office of Aviation Enforcement and Proceedings at airports across the country, Southwest agents at some boarding gates and ticket counters failed to produce proper copies of Southwest’s written denied boarding statement in response to specific requests by Enforcement Office staff. Specifically, a Southwest agent at SAT was not able to produce a copy of the denied boarding statement at the ticket counter. Another Southwest agent at OAK provided only a partial copy of Southwest’s denied boarding statement, and that statement contained compensation amounts $25 to $50 below the actual amounts (e.g. $650 and $1300 instead of $675 and $1350) stated in 250.5.

Additionally, during the compliance inspections, Southwest agents at SLC produced ticket notices or displayed signage at certain airport ticket counters and/or boarding gates which purported to limit the carrier’s domestic baggage liability to less than $3,500. Also, at CHS, Southwest’s policy at one of its baggage offices incorrectly limited the airline’s domestic baggage liability to less than $3500.

We conclude that by failing to produce complete and accurate copies of the required denied boarding statement upon request at both airport ticket selling positions and boarding gates, Southwest violated 14 CFR 250.9(a). Additionally, by providing ticket notices and displaying signage at airports which purport to limit the carrier’s domestic baggage liability to an amount below $3500, Southwest violated 14 CFR 254.5. Finally, by failing to adhere to the requirements of Parts 250 and 254, Southwest violated 14 CFR 259.5(b)(8) and 49 USC § 41712.

By: Blane Workie


 

OST-2016-0202

Issued November 1, 2016

Agreement

Southwest Airlines Co. and the US Department of Transportation hereby agree to the provisions:

No later than September 30, 2017, Southwest must:

After September 30, 2017, Southwest agrees to install only accessible kiosks in its proprietary kiosk fleet system-wide to ensure that 100 percent of new kiosk installations are accessible models in the future.

After September 30, 2017, Southwest agrees to deliver only accessible kiosk software to be run on accessible CUSS kiosks in service at US airports with annual enplanements of 10,000 passengers and to ensure that 100 percent of the Southwest software running on accessible CUSS kiosks is accessible.

By: Blane Workie for DOT / Mark Shaw for Southwest


 

OST-2017-0004 - Exemption - US-Cayman Islands

January 5, 2017

Application for Exemption

Southwest Airlines Co. hereby applies for an exemption from 49 USC § 41101 authorizing Southwest to engage in scheduled foreign air transportation of persons, property and mail between points in the United States and points in the Cayman Islands.

Assuming receipt of all necessary approvals, Southwest proposes to commence operations between Fort Lauderdale International Airport and Grand Cayman on or about June 4, 2017. Southwest requests that the exemption authority specified in the application be granted as soon as possible for a period of at least two years.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2017-0004 - Exemption - US-Cayman Islands


January 6, 2017

Re: Polling Results

This letter is to confirm that Southwest Airlines Co. has polled all of the carriers on the service list attached to the above-referenced application, and all carriers have responded that they have no objections. Accordingly, Southwest requests that the exemption authority requested in the application be granted as soon as possible.

Counsel: Southwest, Leslie Abbott, 202-263-6285





Filed January 5, 2017 | Issued January 6, 2017

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between points in the United States and points in the Cayman Islands. Southwest states that it intends to begin service between Fort Lauderdale and Grand Cayman on or about June 4, 2017.

By: Brian Hedberg


 

OST-2016-0021 - US-Cuba Frequency Allocation

April 25, 2017

Application of Southwest Airlines for an Additional Daily Frequency

Southwest Airlines Co. hereby applies for one of the three daily US-Havana frequencies that will become available when Spirit and Frontier terminate their South Florida - HAV service on May 31, 2017 and June 4, 2017, respectively. With this frequency, Southwest will provide one additional daily flight between Fort Lauderdale and HAV, for a total of three daily FLL-HAV flights. Southwest proposes to begin this service no later than November 5, 2017, using either 143-seat 737-700 or 175-seat 737-800 aircraft.

Currently Southwest provides two daily FLL-HAV flights and one daily TPA-HAV flight. Southwest also provides twice daily FLL-Varadero and once daily FLL-Santa Clara service, all with mainline, large aircraft. As such, Southwest provides more frequencies and seats to Cuba from FLL than any other airline. In its initial application to the DOT Southwest applied for a total of six daily FLL-HAV frequencies.

the preeminent US low cost carrier, Southwest has demonstrated throughout this proceeding that its FLL-HAV flights serve the large Cuban American population in Southwest Florida effectively by offering a convenient, accessible and lower-fare alternative to service at MIA. As such, Southwest’s service not only provides convenient flight options to South Florida travelers but disciplines fares at MIA, thereby ensuring a competitive US-HAV marketplace.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2017-0059 - Exemption - US-Turks & Caicos

April 27, 2017

Application for an Exemption

Southwest Airlines Co. hereby applies for an exemption to operate scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, on the one hand, and any point or points in the Turks and Caicos Islands, on the other hand. Southwest will provide this service using Boeing 737-700 aircraft or other aircraft in its fleet and plans to offer year-round, daily service, depending on demand and other market conditions.

Assuming receipt of all necessary approvals, Southwest proposes to commence operations between Fort Lauderdale International Airport and Providenciales, Turks and Caicos Islands on or about November 5, 2017. Southwest requests that the exemption authority specified in the application be granted for a period of at least two years and as soon as possible to enable the company to sell tickets on this route.

Counsel: Southwest, Robert Kneisley, 202-263-6284

 

OST-2017-0059 - Exemption - US-Turks & Caicos

April 28, 2017

Re: Polling Results

This letter is to confirm that Southwest Airlines Co. has polled all of the carriers on the service list attached to the above-referenced application, and all carriers have responded that they have no objections. Accordingly, Southwest requests that the exemption authority requested in the application be granted as soon as possible.

Counsel: Southwest, Leslie Abbott, 202-263-6285


 

OST-2017-0059 - Exemption - US-Turks & Caicos

Filed April 27, 2017 | Issued May 1, 2017

Notice of Action Taken

Scheduled foreign air transportation of persons, property and mail between any point or points in the United States, on the one hand, and any point or points in the Turks and Caicos Islands, on the other hand.

Southwest states that it intends to begin service between Fort Lauderdale and Providenciales on or about November 5, 2017.

By: Brian Hedberg



OST-2008-0273 - 14 CFR Part 382

September 22, 2017

Application of Southwest Airlines for an Equivalent Alternative Determination

Southwest Airlines Co. seeks an indefinite renewal of an equivalent alternative determination that allows Southwest to comply with 14 CFR §382.932 in a slightly varied (but substantially equivalent) form. The EAD impacts only one of the four categories of individuals that must be allowed to preboard per Section 382.93, and has been working well for the eight years since first granted by the Department on May 13, 2009.

Southwest requests an indefinite renewal of its EAD for Section 382.92, which allows Southwest to offer a separate extra-time boarding opportunity for passengers who simply need additional time to board.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0013 - Exemption - US-Mexico/Central America Routes

October 20, 2017

Application for Renewal of Exemption Authority

Southwest Airlines Co. hereby files this Application for renewal of the exemption authority contained in the US Department of Transportation Notice of Action Taken issued in this docket on January 21, 2016, which authorized Southwest to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and:

  1. Aruba
  2. Nassau, Bahamas
  3. Belize
  4. Costa Rica
  5. Dominican Republic
  6. Montego Bay, Jamaica

The current exemption authority is scheduled to expire on January 21, 2018. To ensure there is no interruption of scheduled service, Southwest respectfully requests that this exemption be promptly renewed for a period of at least two years.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0013 - Exemption - US-Aruba; Bahamas; Belize; Costa Rica; Dominican Republic; Jamaica

Filed October 20, 2017 | Issued November 16 2017

Notice of Action Taken

Renewal of exemption for two years under 49 USC 40109 to provide the following servic

  1. Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and Aruba.
  2. Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and Nassau, Bahamas.
  3. Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and and a point or points in Belize.
  4. Scheduled foreign air transportation of persons, property and mail between points in the United States and points in Costa Rica.
  5. Scheduled foreign air transportation of persons, property and mail between a point or points in the United States and a point or points in the Dominican Republic.
  6. Scheduled foreign air transportation of persons, property and mail between points in the United States and Montego Bay, Jamaica.

By: Brian Hedberg


 

Order 2018-1-5
OST-2018-0001 - Violations of 49 USC § 41712 and 14 CFR Part 254

Issued and Served January 9, 2018

Consent Order

This order concerns violations of the notification provisions of the Department’s domestic baggage liability rule, 14 CFR Part 254, by Southwest Airlines, Co.. Violations of Part 254 constitute unfair and deceptive practices in violation of 49 USC § 41712. The order directs Southwest to cease and desist from further similar violations of 49 USC § 41712 and 14 CFR Part 254, and assesses Southwest $50,000 in civil penalties.

During compliance inspections conducted in August and September 2016 by the Department’s Office of Aviation Enforcement and Proceedings at various airports across the country, Southwest agents produced ticket notices or the carrier displayed signage at three airport ticket counters and/or boarding gates which purported to limit the carrier’s domestic baggage liability limit to amounts less than $3,500. In some cases, the displayed liability amounts were more than seven years outdated and posted on multiple signs at certain airports.

Specifically, signage posted and/or written information provide to passengers at Indianapolis International Airport, Austin International Airport and San Diego International Airport stated that the carrier’s domestic baggage liability limit was $3000 (IND), $3300 (IND and AUS), and $3400 (AUS and SAN), which is below the current amount of $3500 in violation of 14 CFR 254.5.

We conclude that by providing ticket notices and displaying signage at airports which purport to limit the carrier’s domestic baggage liability to an amount below $3,500, Southwest Airlines violated 14 CFR 254.5. Finally, by failing to adhere to the requirements of Parts 254, Southwest Airlines violated 49 USC § 41712.4

By: Blane Workie


 

OST-2016-0021

May 11, 2018

Motion of Southwest Airlines for Extension of Start-Up Date

Southwest seeks a nineteen-day extension of time for its new FLL-HAV flight due to limited aircraft availability over the busy summer months. Southwest makes aircraft allocation decisions many months in advance and was required to fully commit its aircraft for summer flying prior to the issuance of Order 2018-4-17 on April 20. In addition, Southwest’s aircraft availability is further limited in 2018 due to the retirement of its 737-300 fleet on September 30, 2017.

There is ample precedent for granting Southwest the brief extension it requests for its FLL-HAV service. In fact, seven US carriers, including Southwest, received DOT approval of requests for start-up extensions for various US-Cuba routes in the initial 2016 proceeding.4 In addition, earlier this week JetBlue submitted a motion to extend its FLL/BOS-HAV start-up date until November 10, 2018,5 and American submitted a motion to extend the start-up date for its new MIA-HAV service until October 3, 2018.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0157 - Exemption and Certificate - US-Mexico Scheduled Passenger

May 21, 2018

Application for Renewal of Exemption Authority

On August 12, 2016, the Department granted Southwest an exemption for two years under 49 U.S.C. § 40109 to provide the following service:

Scheduled foreign air transportation of persons, property and mail (a) from a point or points in the United States to a point or points in Mexico; (b) from Dallas/Fort Worth and San Antonio to Mexico City, Toluca, and Acapulco, and beyond to points in Panama and beyond; (c) from New York, Washington, Baltimore, Los Angeles and Houston, to Mexico City and Toluca, and beyond to a point or points in Central and/or South America; and (d) from a point or points in the United States, via an intermediate point or points, to a point or points in Mexico, and beyond, as mutually agreed in writing by the aeronautical authorities of the Parties; and

Scheduled foreign air transportation of property and mail (a) from a point or points in the United States, via an intermediate point or points, to a point or points in Mexico, and beyond; and (b) from a point or points in Mexico to any point.

Southwest Airlines Co. hereby applies for renewal of its exemption authority to provide scheduled foreign air transportation of persons, property, and mail between the United States and Mexico, as authorized by the United States-Mexico Air Transport Agreement signed on December 18, 2015. Southwest respectfully requests that its exemption authority be renewed for a period of at least two years.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0021

May 21, 2018

Application of Southwest Airlines for Renewal of Exemption Authority

On August 31, 2016, the Department granted Southwest an exemption for two years under 49 USC § 40109 to provide scheduled foreign air transportation of persons, property and mail between (1) Fort Lauderdale, Florida and Havana, Cuba and (2) Tampa, Florida and Havana, Cuba. The Department also allocated Southwest frequencies to provide service in each of these markets. Because this authority is scheduled to expire on August 31, 2018, Southwest now seeks to renew the authority for a minimum of two additional years.

Counsel: Southwest, Robert Kneisley, 202-263-6284

 

Filed May 11, 2018 | Approved May 31, 2018

DOT Approval of Motion of Southwest Airlines for a Start-Up Extension

The Department grants the request of Southwest Airlines Co. for relief, until August 7, 2018, from the start-up condition applicable to the one daily Fort Lauderdale-Havana frequency allocated to Southwest by Order 2018-4-17. The Department will require that Southwest inaugurate its Fort Lauderdale-Havana services proposed for this frequency no later than August 7, 2018.

By: Darren Jaffe


 

OST-2016-0021

June 14, 2018

Application of Southwest Airlines for One Weekly Tampa-Havana Frequency

Southwest Airlines Co. hereby applies for the one weekly US-Havana frequency that will become available when Delta terminates its Saturday-only JFK-HAV service on September 1, 2018. With this frequency, Southwest proposes to provide a second Saturday roundtrip flight between Tampa International Airport and HAV. Currently Southwest provides one daily TPA-HAV flight, plus two daily FLL-HAV flights, all with large mainline aircraft. Southwest will begin a third daily FLL-HAV flight on August 7, 2018.

Southwest will provide the new Saturday TPA-HAV service year-round using a 175-seat 737-800, and proposes to begin flights within 90 days of the Department’s final order granting authority.

Southwest’s flights in this market have averaged 125 passengers per depature. In its initial application to the DOT in the 2016 US-Cuba Frequency Allocation Proceeding, Southwest requested two daily TPA-HAV frequencies, illustrating its commitment to, and confidence in, the TPA-HAV market. Southwest was awarded just one daily TPA-HAV frequency.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0157 - Exemption and Certificate - US-Mexico Scheduled Passenger

Filed May 21, 2018 | Issued July 9, 2018

Notice of Action Taken

Renewal of scheduled foreign air transportation of persons, property and mail (a) from a point or points in the United States to a point or points in Mexico; (b) from Dallas/Fort Worth and San Antonio to Mexico City, Toluca, and Acapulco, and beyond to points in Panama and beyond; (c) from New York, Washington, Baltimore, Los Angeles, and Houston, to Mexico City and Toluca, and beyond to a point or points in Central and/or South America; and (d) from a point or points in the United States, via an intermediate point or points, to a point or points in Mexico, and beyond, as mutually agreed in writing by the aeronautical authorities of the Parties; and

Scheduled foreign air transportation of property and mail (a) from a point or points in the United States, via an intermediate point or points, to a point or points in Mexico, and beyond; and (b) from a point or points in Mexico to any point.

By: Brian Hedberg




OST-2017-0004 - Exemption - US-Cayman Islands

October 22, 2018

Application for Renewal of Exemption Authority

Southwest hereby applies for renewal of exemption authority to engage in scheduled foreign air transportation of persons, property and mail between a point or points in the United States and a point or points in the Cayman Islands. The Department of Transportation originally awarded this exemption authority to Southwest by Notice of Action Taken on January 6, 2017 in this Docket. The current exemption is scheduled to expire on January 6, 2019.

Southwest currently serves Grand Cayman year-round with daily service from Fort Lauderdale and seasonal service from Houston (Hobby). Southwest has continuously provided consumers with high-quality, low-cost travel options and low-fare competition in these markets using Stage III Boeing 737-700 aircraft configured for 143 seats.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2017-0004 - Exemption - US-Cayman Islands

Filed October 22, 2018 | Issued November 9, 2018

Notice of Action Taken

Renewal of scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Cayman Islands.

By: Brian Hedberg


 

OST-2017-0059 - Exemption - US-Turks & Caicos

March 7, 2019

Application for Renewal of Exemption Authority

Southwest hereby applies for renewal of exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, on the one hand, and any point or points in the Turks and Caicos Islands, on the other hand. The Department of Transportation originally awarded this exemption authority to Southwest by Notice of Action Taken on May 1, 2017 in this Docket. The current exemption is scheduled to expire on May 1, 2019.

Southwest currently serves Providenciales with daily service from Fort Lauderdale using Stage III Boeing 737-700 aircraft configured for 143 seats.

Counsel: Southwest Robert Kneisley, 202-263-6284




OST-2017-0059 - Exemption - US-Turks & Caicos

Filed March 7, 2019 | Issued April 11, 2019

Notice of Action Taken

Renewal of scheduled foreign air transportation of persons, property and mail between any point or points in the United States, on the one hand, and any point or points in the Turks and Caicos Islands, on the other hand.

By: Brian Hedberg


 

OST-2016-0013 - Exemption - US-Caribbean/Central America Routes

August 20, 2019

Application for Renewal of Exemption Authority

Southwest Airlines Co. hereby files this Application for renewal of the exemption authority contained in the US Department of Transportation Notice of Action Taken issued in this docket on November 16, 2017, which authorized Southwest to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and:

  1. Aruba
  2. Nassau
  3. Belize
  4. Costa Rica
  5. Dominican Republic
  6. Montego Bay

The current exemption authority is scheduled to expire on November 16, 2019. To ensure there is no interruption of scheduled service, Southwest respectfully requests that this exemption be promptly renewed for a period of at least two years.

Southwest currently provides service in these markets with Stage III Boeing 737-700 and 737-800 aircraft configured for 143 and 175 seats respectively.

Counsel: Southwest, Robert Kneisley, 202-263-6284


 

OST-2016-0013 - Exemption - US-Mexico/Central America Routes

Filed August 20, 2019 | Issued September 16, 2019

Notice of Action Taken

Renewal of exemption for two years under 49 USC § 40109 to provide the following service:

A. Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and Aruba.

B. Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and Nassau, Bahamas.

C. Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Belize.

D. Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in Costa Rica.

E. Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Dominican Republic.

F. Scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and Montego Bay, Jamaica.

By: Brian Hedberg


 

OST-2008-0273 - Equivalent Alternative Determination Request Concerning 14 CFR 382.93

November 5, 2019

Re: DOT Granting Request of Southwest Airlines for Equivalent Alternative Determination

This letter concerns the September 22, 2017, request of Southwest Airlines Co. for an equivalent alternative determination concerning the preboarding requirement contained in 14 CFR 382.93 of the Department's Air Carrier Access Act regulation. By this letter, we grant Southwest's request.

We disagree with certain aspects of Southwest's understanding of the scope of section 382.93. First, the plain language of section 382.93 does not address passengers who need a specific type of seat. Preboarding for individuals who need specific seating accommodations is covered in sections 382.83 and 382.85, rather than section 382.93. Under sections 382.83 and 382.85, carriers such as Southwest that do not provide advance seat assignments must preboard passengers who need disability-related seating assignments before the other categories of individuals who are entitled to preboarding under section 382.93.

Second, section 382.93 requires airlines to offer preboarding not only to passengers who need extra time to board, but also to passengers who need extra time to "be seated." The difference between these two types of passenger accommodations is described in Food Allergy Research and Education and Alicia White vs American Airlines, Order 2019-5-12. In FARE, passengers with severe food allergies argued that they were entitled to preboarding in order to wipe down tray tables and other surfaces in order to clear their seating area of allergens. Such passengers do not need extra time to reach their seat, but they do need extra time to "be seated," because of the extra time necessary to prepare their seating area once they have reached the seat itself. In FARE, the Department determined that such passengers are entitled to preboarding.

These observations do not alter our conclusion that an EAD is appropriate here. Based on the information provided by Southwest, and after reviewing preboarding/extra time complaints against Southwest from 2015 to 2019 that have been submitted to the Department, we conclude that Southwest's boarding procedure continues to provide equivalent accessibility to passengers who need extra time to board.

By: Blane Workie


 

OST-2016-0157 - Exemption and Certificate - US-Mexico Scheduled Passenger

May 1, 2020

Application for Renewal of Exemption Authority

Southwest Airlines Co. hereby applies for renewal of its exemption authority contained in the US Department of Transportation Notice of Action Taken issued in this docket on July 9, 2018, which authorizes Southwest to engage in scheduled foreign air transportation of persons, property, and mail between points in the United States and points in Mexico and beyond.

Southwest’s current exemption authority is scheduled to expire on July 9, 2020. To ensure there is no interruption of scheduled service, Southwest respectfully requests that this exemption be promptly renewed for a period of at least two years, or until the effective date of Southwest’s US-Mexico certificate authority.

Southwest applied for a certificate of public convenience and necessity for US-Mexico authority under 49 USC § 41102 on August 8, 2016. Southwest’s certificate application remains pending. See Docket OST-2016-0157.

Counsel: Southwest, Robert Kneisley, 202-263-6285


 

OST-2016-0021 - 2016 US-Cuba Frequency Allocation Proceeding

May 11, 2020

Application for Renewal of Exemption Authority

On August 31, 2016, the Department granted Southwest an exemption under 49 USC § 40109 to provide scheduled foreign air transportation of persons, property, and mail between (1) Fort Lauderdale, Florida, and Havana, Cuba; and (2) Tampa, Florida, and Havana, Cuba. The Department also allocated Southwest frequencies to provide service in each of these markets. On July 25, 2018, the Department renewed Southwest’s exemption authority for two years. Southwest operates service to Cuba using Stage III Boeing 737-700 and 737-800 aircraft configured for 143 and 175 seats respectively.

The Department initially allocated Southwest frequencies for twice daily FLL-HAV service and once daily TPA-HAV service. Subsequently, the DOT allocated Southwest an additional daily FLL-HAV frequency (Order 2018-4-17) and an additional Saturday TPA-HAV frequency (Order 2018-10-1).

To ensure there is no interruption of scheduled service, Southwest respectfully requests that this exemption be promptly renewed for a period of at least two years consistent with the Department’s precedent.

Counsel: Southwest, Robert Kneisley, 202-263-6285


 

OST-2017-0004 - Exemption - US-Cayman Islands

August 10, 2020

Application for Renewal of Exemption Authority

The current exemption is scheduled to expire on November 9, 2020. Renewal of this exemption authority is in the public interest for the same reasons that supported the original issuance of, and renewal of, authority for Southwest to provide service between the United States and the Cayman Islands.

Counsel: Southwest, Robert Kneisley


 

OST-2017-0004 - Exemption - US-Cayman Islands

Filed August 10, 2020 | Issued September 2, 2020

Notice of Action Taken

Renewal of scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and a point or points in the Cayman Islands.

By: Robert Finamore


 

Order 2020-10-11
OST-2016-0177 - ABX Air - US-Mexico All-Cargo
OST-2016-0178 - Air Transport Int'l - US-Mexico All-Cargo
OST-2016-0149 - Alaska Air - US-Mexico Scheduled Passenger
OST-2019-0067 - Allegiant Air - US-Mexico Scheduled Passenger
OST-2016-0138 - American - US-Mexico
OST-2016-0159 - Amerijet Int'l - US-Mexico Scheduled Cargo
OST-2016-0155 - Atlas Air - US-Mexico Scheduled Cargo
OST-2016-0142 - Delta - US-Mexico Scheduled Passenger
OST-2019-0174 - Eastern Airlines - US-Mexico Scheduled Passenger
OST-2016-0140 - Envoy Air - US-Mexico Scheduled Passenger
OST-2016-0160 - ExpressJet - US-Mexico Scheduled Passenger
OST-2016-0164 - FedEx - US-Mexico Scheduled Cargo
OST-2016-0141 - Frontier Airlines - US-Mexico Scheduled Passenger
OST-2016-0150 - Horizon Air - US-Mexico Scheduled Passenger
OST-2016-0154 - JetBlue - US-Mexico Scheduled Passenger
OST-2016-0147 - Mesa Airlines - US-Mexico Scheduled Passenger
OST-2016-0158 - Polar Air Cargo - US-Mexico Scheduled Cargo
OST-2016-0144 - Republic Airways - US-Mexico
OST-2016-0156 - SkyWest - US-Mexico Scheduled Passenger
OST-2016-0157 - Southwest - US-Mexico Scheduled Passenger
OST-2016-0146 - Spirit Airlines - US-Mexico Scheduled Passenger
OST-2016-0143 - Sun Country - US-Mexico
OST-2016-0145 - United - US-Mexico
OST-2016-0161 - UPS - US-Mexico Scheduled Cargo

Issued August 20, 2020 | Served October 21, 2020

Order Issuing Certificates

By this order we grant the applications of the above-captioned US air carriers for certificate authority to provide service between the United States and Mexico.

On December 18, 2015, the governments of the United States and Mexico signed the US-Mexico Air Transport Agreement that subsequently entered into force on August 21, 2016. The Agreement removed previous long-standing limitations on the number of US carriers that could be designated to provide services in certain US-Mexico city-pair markets.

Beginning August 1, 2016, the captioned carriers filed applications for exemption authority and for certificates of public convenience and necessity to engage in scheduled foreign air transportation to the full extent authorized under the Agreement. The carriers filed and perfected their applications as required by 14 CFR Part 201 and served the applications as required by 14 CFR §302.203. This order addresses only the award of certificate authority, as the Department has already granted exemption authority to the captioned carriers.

By: Esta Rosenberg


 

OST-2017-0059 - Exemption - US-Turks & Caicos

March 2, 2021

Application for Renewal of Exemption Authority

Southwest Airlines Co. hereby applies for renewal of exemption authority to engage in scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, on the one hand, and any point or points in the Turks and Caicos Islands, on the other hand. The Department of Transportation originally awarded this exemption authority to Southwest by Notice of Action Taken on May 1, 2017 in this Docket. The current exemption is scheduled to expire on April 11, 2021. Southwest respectfully requests prompt renewal of its exemption authority for a minimum of two years consistent with Department precedent.

Counsel: Southwest, Leslie Abbott


 

OST-2017-0059 - Exemption - US-Turks & Caicos

Filed March 2, 2021 | Issued March 23, 2021

Notice of Action Taken

Renewal of scheduled foreign air transportation of persons, property, and mail between any point or points in the United States, on the one hand, and any point or points in the Turks and Caicos Islands, on the other hand.

Since the previous Notice of Action Taken was issued in this Docket on April 11, 2019, the United States and the United Kingdom have begun applying the 2020 US-UK Air Transport Agreement, which covers services between the United States and Turks and Caicos. The United Kingdom stated in an exchange of letters that it would “permit operations consistent with the Agreement on the basis of comity and reciprocity as of January 1, 2021, as the sole basis of US-UK air service relations.”

By: Benjamin Taylor


 

OST-2016-0013 - Exemption - US-Mexico/Central America Routes

July 19, 2021

Application for Renewal of Exemption Authority

Southwest hereby files this Application for renewal of the exemption authority contained in the US Department of Transportation Notice of Action Taken issued in this docket on September 16, 2019, which authorized Southwest to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States and:

  1. Aruba
  2. Nassau, Bahamas
  3. Belize
  4. Costa Rica
  5. Dominican Republic
  6. Montego Bay, Jamaica

Southwest currently provides service in these markets with Stage III Boeing 737-700 and 737-800 aircraft configured for 143 and 175 seats respectively.

The current exemption authority is scheduled to expire on September 16, 2021. To ensure there is no interruption of scheduled service, Southwest respectfully requests that this exemption be promptly renewed for a period of at least two years.

Counsel: Southwest, Leslie Abbott

 

 



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