800 Independence Avenue, SW 

Washington, DC 20591 

Re: Petition of Virgin America Inc. for Extension of Exemption No. 10740A (Regulatory 

Docket No. FAA-2012-1061) 

Dear Mr. Duncan, 

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

requests that the Federal Aviation Administration ("FAA") extend Exemption No. 10740A, most recently 

granted on April21, 2015 and issued in the above-captioned docket (copy enclosed), as more fully described 

herein. 1 Exemption No. 10740A, as issued, provides relief from 14 C.P.R. § 61.3(a) and (c) and allows Virgin 

America to establish special procedures to issue to its pilot flight crewmembers, on a temporary basis, 

confirmation of any required pilot and medical certificate and photo ID, based on information in the carrier's 

approved record system and subject to conditions and limitations. The exemption also provides relief from 14 

C.P.R.§ 121.383(a)(2) and allows Virgin America to issue written confirmation of an FAA-issued crewmember 

certificate to a pilot flight crewmember employed by Virgin America based on information in its approved 

recordkeeping system. 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. 10740, that the 

circumstances presented by Virgin America were similar in all material respects to a previous exemption 

granted by the FAA, specifically Exemption No. 5560, as amended, issued to the Regional Airline Association. 

In this regard, the FAA concluded that the reasons for issuing Exemption No. 5560 also applied to the 

circumstances presented by Virgin America, and, consistent with prior FAA fmdings, "permitting the air carrier 

to issue written confirmation of an FAA-issued flight crewmember certificate could preclude delays and 

cancellations and, therefore, would be in the public interest." Exemption No. 10740 at 2. The FAA also found 

that grant of the exemption with the conditions and limitations attached thereto "would provide a level of safety 

equivalent to that provided by the affected regulations." !d. 

2. In extending and amending that exemption and granting Exemption No. 10740A, 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 No. 10740, as amended, and, as a consequence, fully support the relief 

requested herein, for a further two-year period. Virgin America's flights involve operations during all hours of 

1 Exemption No. 10740A, by its terms, expires on April30, 2017. To the extent necessary, Virgin America hereby requests a waiver 

from the 120-day filing deadline required under 14 C.F.R. § 11.63(d). 
b) avoid unnecessary flight delays and cancellations; and 

c) allow full utilization of Virgin America's fleet, thereby ensuring the traveling public enjoys 

maximum access to the carrier's well-received low-fare service. 

5. Importantly, grant of this requested relief to Virgin America will not reduce the level of safety 

provided by the applicable regulations, as the Administrator has previously determined in similar requests for 

relief, including Exemption No. 10740A to Virgin America, that: 

a) the document issued by the carrier must be in the pilot flight crewmember's physical possession 

when exercising the privileges of the exemption and must contain the information set forth in the 

conditions and limitations attached to the exemption; 

b) the carrier receive approval from its FAA principal operations inspector for the procedures to be 

employed in issuing the confirmation document to the relevant pilot flight crewmembers, including 

procedures to ensure positive identification when the pilot no longer has photo identification; and 

c) each pilot flight crewmember who operates a flight under the exemption (i) obtain from Airmen 

Services at www.faa.gov, as soon as practicable, a document containing temporary authority to 

exercise certificate privileges, (ii) comply with 14 C.F.R. § 61.29 (if the pilot flight crewmember's 

FAA pilot and medical certificate are permanently lost or damaged) and (iii) provide a copy ofF AAissued documents containing temporary authority to exercise certificate privileges to the carrier 

within 24 hours of receipt of the document. 

6. Virgin America was also granted an exemption by the FAA for relief from 14 C.F.R. § 

121.383(a)(2), which states, in relevant part, "No certificate holder may use any person as an airman nor may 

any person serve as an airman unless that person ... [h ]as any required appropriate current airman and medical 

certificates in his possession while engaged in operations under this part." Virgin America requests, as part of 

the FAA's extension ofExemption No. 10740A, an exemption from§ 121.383(a)(2), as relief from§ 

121.383(a)(2) is necessary to give meaningful operational effect to the previously-issued relief from Sections 

61.3(a) and (c) and the special procedures established under Exemption 10740. Additionally, the express 

inclusion of relief from Section 121.383(a)(2) in any extension of Exemption 10740A is consistent with 

previous exemptions routinely granted by the FAA in comparable settings, including, most particularly, an 

exemption issued to Airlines for America ("A4A")2 and its Part 121 carrier members under circumstances 

similar in all material respects to those presented by Virgin America (see Exemption No. 5487, as amended). 

7. Virgin America submits that the requested extension of Exemption No. 10740A is not 

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

America submits that good cause exists for not publishing a summary of this petition in the Federal Register, as 

2 Virgin America is not a member of A4A. 
Very best regards, 

Jeremy Ross 

Associate General Counsel Alaska Airlines I Virgin America I Horizon Air 

Attachment 
Regulations affected: 

Description of Relief Sought: 

14 C.F.R. § 61.3(a) and (c) 

14 C.F.R. § 121.383(a)(2) 

Virgin America Inc. (Virgin America) petitions for an extension of Exemption No. 10740. The exemption 

permits Virgin America to establish special procedures that enable the carrier to issue to its pilot flight 

crewmembers, on a temporary basis, confirmation of any required crewmember certificates and photo IDs 

based on information contained in the carrier's approved record system, subject to certain conditions and 

limitations. 
p

, 

Ms. Barbara Russell, Esq. 

Associate General Counsel 

Virgin America, Inc. 

555 Airport Boulevard, Suite 500 

Burlingame, CA 94010 

Dear Ms. Russell: 

Exemption No. 10740A 

Regulatory Docket No. FAA-2012-1061 

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

No. 10740. It transmits our decision, explains its basis, and gives you the conditions and 

limitations of the exemption, including the date it ends. 

The Basis for Our Decision 

By letter dated January 29, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Virgin America, Inc. (Virgin America), for an extension of, and amendment to, 

Exemption No. 10740. That exemption from§ 61.3(a) and (c) of Title 14, Code ofFederal 

Regulations (14 CFR) allows Virgin America to establish special procedures to issue to its 

pilot flight crewmembers, on a temporary basis, confirmation of any required pilot and 

medical certificate and photo ID, based on information in the operator's approved record 

system. 

Virgin America also requests Exemption No. 10740 be amended to provide relief from 

§ 121.383(a)(2). An exemption from this part is also necessary to allow Virgin America to 

issue written confirmation of an FAA-issued crewmember certificate to a pilot flight 

crewmember employed by Virgin America based on information in its approved record 

keeping system. 

In 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. 

AFS-15-483-E 
Our Decision 

Upon review of the petitioner's request for amendment, the FAA has determined that a grant 

of relief from § 121.383 should have been included in the original grant of exemption to 

Virgin America, that the amendment is in the public interest and provides a level of safety at 

least equal to that provided by the rule from which the petitioner seeks exemption. Therefore, 

the FAA is amending the conditions and limitations to correspond to those of similar 

exemptions granted to other part 121 air carriers. 

The FAA has determined that the justification for the issuance of Exemption No. 107 40 

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority provided by 49 U.S.C. §§ 1 06(g), 40113 and 44 701, which the FAA Administrator 

has delegated to me, Virgin America, Inc. is granted an extension of, and amendment to, 

Exemption No. 10740 for§§ 61.3(a) and (c), and 121.383 (a)(2) to allow Virgin America to 

issue written confirmation of an FAA-issued crewmember certificate to a pilot flight 

crewmember employed by that air carrier based on information in the air carrier's approved 

record system, subject to the conditions and limitations described below. 

Conditions and Limitations 

1. Prior to utilizing any provision of this plan, the carrier must develop, submit to, and 

have approved by its FAA Principal Operations Inspector a plan outlining the 

procedures it expects to employ in issuing a temporary confirmation document to 

crewmembers who do not have in their personal possession the airmen or medical 

certificate required under § 61.3 for a particular flight. 

2. If the individual no longer has any identification, the carrier's procedures, specified in 

Condition No. 1, must include a method to assure positive identification of the 

individual. 

3. Each airman who operates a flight under this exemption must comply with§ 61.29(c) 

and assure that a request for an official communication from the FAA confirming the 

applicable certificate is made within 72 hours of the initiation of any flight conducted 

under this exemption. The air carrier is authorized to make this application to the 

FAA on behalf of each applicable airman. The airman must provide a copy of the 

official communication to the air carrier within 24 hours of the receipt of that official 

communication. 

4. The carrier's confirmation must include the written words "Issued under the authority 

ofExemption No. '10740', as amended." 
p

p

, 

, 

p

Sincerely, 

Is/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service