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) 762-7000

barbara.russell@virginamerica.com

September 27, 2012
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 

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 Sections 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 be 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 passport 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 aircraft 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 accessible 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 

medical certificate.

14 C.F.R. § 121.383(a)(2) requires 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 Air 

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 information 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 basis 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 justifies 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 group 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 appropriate 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 certificate 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 telegraphic 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 petition 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 

operator-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 additions that 
4

(a) an electronic scan1

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) 762-7000

barbara.russell@virginamerica.com

September 27, 2012

 1 Transmitted via electronic mail.