Order 2010-1-5 

Served: January 8, 2010 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

 on the 8th day of January, 2010 

Application of 

VIRGIN AMERICA INC. 

for a certificate of public convenience and necessity 

under 49 U.S.C. 41102 to engage in interstate scheduled 

air transportation of persons, property, and mail 

 Docket DOT-OST-2005-23307 

 

Petition of 

ALASKA AIRLINES, INC. 

to institute a public inquiry into the citizenship and 

control of Virgin America Inc.

 Docket DOT-OST-2009-0037 

 

Petition of 

AIRCRAFT MECHANICS FRATERNAL 

ASSOCIATION 

to institute a public inquiry into the citizenship and 

control of Virgin America Inc.

 Docket DOT-OST-2009-0047 

 

ORDER DISMISSING PETITIONS 

On February 10, 2009, Alaska Airlines, Inc. (“Alaska”), filed a petition to institute a public 

inquiry into the citizenship of Virgin America Inc. (“Virgin America”). Specifically, the air 

carrier “move[d] the Department to immediately initiate an investigation into Virgin America’s 

citizenship and to conduct that investigation on the public record.”1 Alaska cites various 

changes in Virgin America’s structure and capitalization, and argues that such an investigation 

should be conducted with formal, public procedures to ensure greater transparency. On 

February 20, 2009, the Aircraft Mechanics Fraternal Association filed a similar petition. 

Alaska filed a renewed motion on August 21, 2009, arguing that developments since its initial 

petition supported conducting a public investigation of Virgin America’s citizenship. 

Interested parties have filed a number of pleadings both in support of and in opposition to these 

requests. Virgin America opposes the Alaska petition, while several labor organizations, 

including the Air Line Pilots Association, the Association of Flight Attendants, and the 

 

1 Petition of Alaska, at 6 (emphasis in original). 
2

 

Transport Workers Union of America, support them, for substantially similar reasons to those 

cited by Alaska. Several exchanges of pleadings on the subject have been filed since the initial 

petition.2

We are not persuaded that the public interest requires us to institute a public proceeding in this 

matter. As petitioners acknowledge, it has long been the Department’s practice to conduct 

continuing fitness reviews informally. We have determined that an informal continuing fitness 

review is appropriate here. We have completed such a review of Virgin America’s fitness, and 

have concluded that Virgin America remains a U.S. citizen, subject to certain conditions. The 

Department has made public a detailed description of the Department’s review as well as its 

conclusions and the conditions imposed on Virgin America in a January 8, 2010, letter to the 

air carrier. That letter is available to any member of the public on the Department’s website at 

http:\\ostpxweb.dot.gov/aviation. 

ACCORDINGLY, 

1. We dismiss the petitions filed by Alaska Airlines, Inc., and the Aircraft Mechanics 

Fraternal Association in Dockets DOT-OST-2005-23307, DOT-OST-2009-0037, and DOTOST-2009-0047; 

2. We grant all motions for leave to file in Docket DOT-OST-2009-0037; and 

3. We will serve a copy of this order on the persons listed in Attachment A. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for Aviation 

and International Affairs 

An electronic version of this document is available on the World Wide Web at: 

http://www.regulations.gov

2 Most of these pleadings were covered by motions for leave to file, which we will grant. 
Attachment A

SERVICE LIST 

KENNETH P QUINN 

JENNIFER E TROCK 

PILLSBURY WINTHROP SHAW 

 PITTMAN LLP 

2300 N STREET NW 

WASHINGTON DC 20037 

EDWARD J GILMARTIN 

GENERAL COUNSEL 

CHRIS J WITKOWSKI ATTORNEY 

ASSOCIAITON OF FLIGHT 

 ATTENDENTS CWA 

501 THIRD STREET NW SUITE 900 

WASHINGOTN DC 20001-2797 

SUSAN B JOLIE 

 LAW OFFICE OF SUSAN B JOLLIE 

 7503 WALTON LANE 

 ANNANDALE VA 2203-2558

RUSSELL BAILEY 

AIRLINE PILOTS ASSOCIATION 

1625 MASSACHUSETTS AVE NW 

WASHINGTON DC 20036 

KYLE LEVINE ESQ 

SENIOR ATTORNEY COMMERCIAL AND 

 REGULATORY LAW 

ALASKA AIRLINES INC 

19300 INTERNATIONAL BLVD 

SEATTLE WASHINGTON 98168 

MEGAN LAWRENCE ESQ 

MANAGING DIRECTOR GOVERNMANT 

AND COMMUNITY RELATIONS 

ALASKA AIRILNES INC 

19300 INTERNATIONAL BLVD 

SEATLE WASHINGTON 98168 

MARSHALL S SINICK ESQ 

EDWARD W SAUER ESQ 

SQUIRES SANDERS AND 

 DEMPSEY LLP 

1201 PENNSYLVANIA AVE NW 

WASHINGTON DC 20004-0407

LEE SEHAM ESQ 

SEHAM SEHAM MELTZ AND 

 PETERSEN LLP 

445 HAMILTON AVE SUITE 1204 WHITE 

PLAINS NEW YORK 10601 

DAVID B. ROSEN 

TRANSPORT WORKERS UNION OF 

 AMERICA AFL-CIO 

1700 BROADWAY 2ND FLOOR 

NEW YORK NEW YORK 10019-5905