800 Independence Avenue, SW 

Washington, DC 20591 

Re: Petition of Virgin America Inc. for Extension of Exemption No. 10102B (Regulatory Docket 

No. FAA-2010-0631) 

Dear Mr. Duncan, 

Pursuant to 14 C.F.R. § 11.61, Virgin America Inc. ("Virgin America"), a Part 121 operator, hereby 

requests that the Federal Aviation Administration ("FAA") extend Exemption No. 101 02B, most recently 

granted on June 18, 2014 and issued in the above-captioned docket (copy enclosed), as more fully described 

herein. Exemption No. 10102B, as issued, provides relief from 14 C.F.R. § 121.434(c)(l)(ii) to allow Virgin 

America to substitute a qualified and authorized check airman or aircrew program designee for an FAA 

inspector to observe a qualifying pilot in command ("PIC") who is completing initial or upgrade training 

specified in 14 C.F.R. § 121.424, during at least one flight leg that includes a takeoff and landing. Exemption 

No. 101 02B, by its terms, expires on July 31, 2017. Virgin America respectfully requests that any extension 

granted by the FAA in response to this petition be for a period of not less than two years. 

In support of this petition, Virgin America states as follows: 

1. The FAA determined, in its original decision granting Exemption No. 10102 (dated July 22, 

2010), that the circumstances presented by Virgin America were similar in all material respects to a previous 

exemption granted by the FAA, specifically Exemption No. 6473, as amended. The FAA found that the reasons 

for issuing Exemption No. 6473 also applied to the situation presented by Virgin America, and that "permitting 

a limited number of qualified and authorized check airmen to conduct certain PIC observations would benefit 

the public by reducing unnecessary costs that may influence the price of services to the public. It would also 

improve the airline's ability to provide on-time, dependable air service." Exemption No. 10102 at 1-2. 

Importantly, Exemption No. 10102 and the extension last granted to Virgin America pursuant to Exemption No. 

10102B were issued subject to conditions and limitations set forth in the exemptions. 

2. In extending and amending the exemption and granting Exemption No. 10102B, the FAA 

determined that the justification for the issuance of the exemption remained valid and was in the public interest. 

3. Virgin America's reasons and need for the grant of this requested relief remain the same today as 

when the FAA granted Exemption Nos. 10102, 10102A, and 10102B and fully support an extension for a 

further two-year period. Virgin America will continue to expand its operations over the next two years, and 

anticipates upgrading additional captains this year, with new PICs completing training over the next two years. 

4. An extension ofExemption No. 10102B would: 
e) reduce the unnecessary cost of wages and lost productivity for those qualified pilots awaiting FAA 

observation; and 

f) provide the traveling public greater access to Virgin America's well-received, low-cost service at a 

pace consistent with its planned expansion of operations; allow full utilization of Virgin America's 

fleet by ensuring adequate qualified pilots; and allow increased service to previously underserved 

markets. 

5. Grant of this requested relief to Virgin America will not reduce the level of safety provided by 

the applicable regulation, at 14 C.F.R. § 121.434(c)(1)(ii), as the Administrator has previously determined in 

similar requests for relief, including Exemption No. 10102B issued to Virgin America. The Virgin America 

check airman or aircrew program designee will only conduct a PIC observation in place of an FAA inspector 

when: 

a) the FAA preapproves that substitution for each observation of a qualifying PIC candidate, thus 

reserving first right of refusal to the FAA in each case; 

b) the qualifying PIC candidate has completed no less than 10 hours of supervised operating experience 

("OE") and accomplished no fewer than two takeoffs and landings; and 

c) the qualifying PIC candidate is performing PIC duties during a complete flight leg, including 

flightdeck preparation, before starting engines checklist, taxi, takeoff, all other flight phases, 

landing, taxi, and securing checklist. 

In addition, each Virgin America check airman or aircrew program designee conducting a PIC observation in 

place of an FAA inspector must: 

a) be approved by the FAA to conduct the observation; 

b) have served as a check airman or aircrew program designee for Virgin America for no less than 6 

months; and 

c) not supervise the OE or conduct the initial line check for the qualifying PIC candidate being 

observed. 

6. Virgin America will also maintain student, check airman, and aircrew program designee records 

that demonstrate compliance with the conditions and limitations of this exemption. 

7. Virgin America submits that the requested extension of Exemption No. 10102B is not 

controversial. A summary ofthe request made herein is attached, as required under 14 C.F.R. § 11.81. 

However, Virgin America submits that good cause exists for not publishing a summary of this petition in the 
Very best regards, 

Jeremy Ross 

Associate General Counsel 

Alaska Airlines I Virgin America I Horizon Air 

Attachment 
Regulations affected: 14 C.P.R. 121.434(c)(1)(ii) 

Description of Relief Sought: 

Virgin America Inc. (Virgin America) petitions for an extension of Exemption No. 10102B. The exemption 

permits Virgin America to substitute a qualified and authorized check airman or aircrew program designee for 

an FAA inspector to observe a qualifying pilot in command ("PIC") who is completing initial or upgrade 

training specified in 14 C.F .R. § 121.424, during at least one flight leg that includes a takeoff and landing. 
June 18, 2014 

Ms. Barbara Russell 

Associate General Counsel 

Virgin America, lnc. 

555 Airport Boulevard, 5th Floor 

Burlingame, CA 94010 

Dear Ms. Russell: 

Exemption No. 10102B 

Regulatory Docket No. FAA-2010-0631 

This letter is to inform you that we have granted your petition to extend Exemption 

No. 10102, as amended. It explains the basis for our decision, descnbes its effect, and lists the 

conditions and limitations. 

The Basis for Our Decision 

By letter dated April3, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of 

Virgin America, Inc. (Virgin America) for an extension ofExemption No. 10102, as amended. That 

exemption from § 121.434( c )(1 )(ii) of Title 14, Code ofF ederal Regulations (14 CFR) allows 

Virgin America to substitute a qualified and authorized check ainnan or aircrew program designee 

for an FAA inspector to observe a qualifYing pilot in command (PIC) who is completing initial or 

upgrade training specified in § 121.424 during at least one flight leg that includes a takeoff and a 

landing. 

1n your petition, you indicate that there has been no change in the conditions and reasons relative to 

public interest and safety that were the basis for granting the original exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition in the 

Federal Register because the requested extension of the exemption would not set a precedent, and 

any delay in acting on this petition would be detrimental to Virgin America. 

AFS-14-240-E 
the authority provided by 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator 

has delegated to me, Virgin America, Inc. is granted an extension to its exemption from 14 CFR 

121.434( c )(1 )(ii) that allows Virgin America to substitute a qualified and authorized check airman or 

aircrew program designee for an FAA inspector to observe a qualifYing PIC who is completing initial 

or upgrade training specified in§ 121.424 dtrring at least one flight leg that includes a takeoff and a 

landing, subject to the following conditions and limitations. 

Conditions and Limitations 

1. A Virgin America check airman or aircrew program designee may conduct a 

PIC observation in place of an FAA inspector when--

a. The Administrator preapproves that substitution for each observation of a qualifYing 

PIC candidate, thus reserving first right of refusal to the FAA in each case. Virgin 

America, therefore, must contact an appropriate FAA office, in each instance, 

before substituting that check airman or aircrew program designee; 

b. The qualifYing PIC candidate has completed no less than 10 hotrrs of supervised 

operating experience (OE) and accomplished no rewer than two takeo:ffi; and 

landings; and 

c. The qualifYing PIC candidate is performing PIC duties during a complete flight leg, 

including flightdeck preparation, before starting engines checklist, taxi, takeoff; all 

other flight phases, landing, taxi, and seeming checklist. 

2. Each Virgin America check airman or aircrew program designee conducting a PIC 

observation in place of an FAA inspector musta. Be approved by the Administrator to conduct the observation; 

b. Have served as a check airman or aircrew program designee for Virgin America for 

no less than 6 months; and 

c. Not supervise the OE or conduct the initial line check for the qualifYing PIC candidate 

being observed. 

3. Virgin America must maintain student, check airman, and aircrew program designee 

records that demonstrate compliance with the conditions and limitations of this exemption. 
/S/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service