BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

__________________________________________ ) Petition of ) ) VIRGIN AMERICA INC. ) Docket No. FAA

- 2012

-

_______ ) for an exemption from Sections 61.3(a) ) and 61.3(c) of the Federal Aviation Regulations ) )

PETITION OF VIRGIN AMERICA INC. FOR AN EXEMPTION
Communications with respect to this document should be sent to:

Barbara Russell Associate General Counsel Virgin America Inc. 555 Airport Boulevard, Suite 500 Burlingame, CA 94010 (650) 762

- 7 000 barbara.russell@virginamerica.com

September 27 , 2012BEFORE THE FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

__________________________________________ ) Petition of ) ) VIRGIN AMERICA INC. ) Docket No. FAA

- 2012

-

_______ ) for an exemption from Sections 61.3(a) ) and 61.3(c) of the Federal Aviation Regulations ) )

PETITION OF VIRGIN AMERICA INC. FOR AN EXEMPTION
In accordance with Section 11.25 of the Federal Aviation Regulations (“FARs”), 14 C.F.R. § 11.25, Virgin America Inc. (“Virgin America”) hereby requests an exemption from the terms of Section s 61.3(a) , 61.3(c) and 121.383(a)(2) of the FARs , to allow an operator to issue its flight crewmembers, on a temporary basis, confirmation of any required crewmember certificate based upon information contained in the operator’s approved record system. More specifically, Virgin America requests that it b e permitted to issue to its flight crewmembers, on a temporary basis, confirmation of any required crewmember certificate by transmitting via facsimile or electronic scan a copy of the certificate. This confirmation would be based upon information that is currently required to be contained in Virgin America’s approved record system. Virgin America also requests to be permitted to issue to its flight crewmembers, via facsimile or electronic scan , a legible copy of his or her valid driver’s license
or passp ort to fulfill the pilot identification requirement.2 Federal Aviation Regulations Affected 14 C.F.R. § 61.3(a) states, in pertinent part, that no person may act as pilot

- in

- command or in any other capacity as a required pilot flight crewmember of a civil a ircraft of United States registry unless he has in his physical possession or readily accessible in the aircraft a certificate issued to him under this part. This section also requires the crewmember to have in his physical possession or readily accessibl e in the aircraft a government issued photo identification which includes a valid driver’s license or official passport. 14 C.F.R. § 61.3(c) imposes the same possession requirements for an appropriate current medi c al certificate. 14 C.F.R. § 121.383(a)(2) r equires that an airman must have “any required appropriate current airman and medical certificates in his possession while engaged in operations under this part.” Discussion This request for exemption is supported by the same statements presented by the Ai r Transport Association of America (“ATA”) in its petition for similar relief for air carriers who operate under Part 121 of the FARs and the Regional Airline Association (“RAA”) for scheduled air carriers who operate under Part 135 of the FARs. The infor mation presented by ATA is found in Regulatory Docket No. 26582 and was the basis upon which the FAA issued Exemption No. 5487 to ATA members operating under Part 121. The information presented by RAA is found in Regulatory Docket No. 26952 and was the ba sis upon which the FAA issued Exemption No. 5560 to RAA members and other scheduled carriers operating under Part 135 of the FARs.
See also Docket No. FAA

- 2009

- 0588, Exemption No. 9736, issued to TEM Enterprises d/b/a Xtra Airways.3 Virgin America justifie s its request with the following: Virgin America’s flights involve operations during all hours of the day and night. Considering the hundreds of certificated airmen required to support these operations, it is not uncommon for a small percentage of this g roup to have his or her required certificate(s) and/or photo ID misplaced, lost or destroyed. Occasionally, this may occur at a time and/or location where it is not possible to contact the FAA in Oklahoma City telephonically or online to request the appro priate telegraphic confirmation in accordance with Section 61.29 of the FARs . It may also be impractical to obtain a required photo ID at the time and/or location. Under the current rules, a flight must then be delayed or cancelled until the FAA certific ate confirmation and/or photo ID can be received by the operating crew. Virgin America, like ATA and RAA, believes that such delay or cancellation should not be necessary because the certificate holder has a record of the airman’s certificates and a copy of his or her passport and/or driver’s license. However, to comply with the above rules, the flight must be delayed or in some cases cancelled simply because the FAA offices in Oklahoma are closed or online access is unavailable , because prompt telegraphi c capabilities may not be available at the airman’s location, or because there is no way to quickly acquire a replacement photo ID.
As supporting justification that the petition would establish a level of safety equivalent to the regulation, the ATA petiti on essentially proposed that an approved method be established as an alternative. That method would confirm the identity of the crewmember and provide the crewmember with a facsimile of the certificate(s) and/or photo ID. ATA also proposed that the
opera tor

- issued certificate confirmation would be valid only until the airman is able to acquire
FAA

- issued certificate confirmation. Virgin America proposes the same with the addition s that4 (a) an electronic scan 1

Request for Waiver may be used in lieu of a facsimile copy and (b ) that the operator

- issued copy of a current valid driver’s license or official passport be valid (for FAA identification purposes only) until a replacement government photo ID can be acquired, and otherwise accepts the standard conditions and limitations that are place on these exemptions.

Virgin America respectfully submits that good cause exists for not publishing a summary of this petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition could be detrimental to Virgin America.
WHEREFORE, for the foregoing reasons, Virgin America Inc. respectfully requests that the requested exemption be granted to Virgin America as soon as possible.

Respectfully submitted,

_______________________________ Barbara Russell Associate General Counsel Virgin America Inc. 555 Airport Boulevard, Suite 500 Burlingame, CA 94010 (650) 762

- 7 000 barbara.russell@virginamerica.com September 2 7 , 2012

1 Transmitted vi a electronic mail.