BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

__________________________________________ )

Application of )

)

VIRGIN AMERICA INC. )

) Docket No. OST

- 2012

- 0029

for four beyond perimeter slot exemptions )

purs uant to 49 U.S.C. § 41718, as amended )

)

(Washington, DC (DCA)

– San Francisco, CA )

(SFO)) )

)

MOTION FOR LEAVE TO FILE AND RESPONSE

OF VIRGIN AMERICA INC.

Communications with respect to this document should be sent to:

John Varley

Senior Vice President &

General Counsel

Virgin America Inc.

555 Airport Boulevard, Suite 500

Burlingame, CA 94010

(650) 762

- 7108

john.varley@virginamerica.com John E. Gillick

Jonathon H. Fogl ia

Zuckert, Scoutt & Rasenberger L.L.P.

888 Seventeenth Street, N.W., Suite 700

Washington, DC 20006

Tel: (202) 973

- 7939

Fax: (202) 342

- 0683

jegillick@zsrlaw.com

jhfoglia@ zsrlaw.com

Counsel for

Virgin America Inc

.

March 30 , 2012BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

__________________________________________ )

Application of )

)

VIRGIN AMERICA INC. )

) Do cket No. OST

- 2012

- 0029

for four beyond

- perimeter slot exemptions )

pursuant to 49 U.S.C. § 41718, as amended )

)

(Washington, DC (DCA)

– San Francisco, CA )

(SFO)) )

)

MOTION FOR LEAVE TO FILE AND RESPONSE

OF VIRGIN AMERICA INC.

V irgin America Inc. (“Virgin America”) hereby moves for leave to file this response to a

statement contained in the Reply Comments of Alaska Airlines, Inc. (“Alaska”) dated March 27,

2012, in which Alaska question s the capability of Virgin America’s A319 ai rcraft to operate with

a full passenger load in the nonstop market proposed by Virgin America

. Virgin America

respectfully submits that good cause exists to grant this motion, as the brief reply contained

herein will ensure the Department has an accurate record upon which to base its decision, and

furthermore, will not unduly delay this proceeding.

In its Reply Comments at 15, Alaska states:

There even appears to be some question as to whether Virgin America could

consistently operate its A319 aircraft at DCA with a full passenger load.

According to a Flight Global article by Dan Webb dated March 7, 2012, Virgin

America’s CEO, Mr. Cush, stated that the thrust on Virgin America’s CFM56

engines will have to be upgraded to operate at DCA because of the airpor t’s short

runway length, and that Virgin America is hopeful that the upgrade will be

completed by May 2012. If that upgrade is not completed on a timely basis,2 Virgin America will likely be required to restrict sales, further decreasing

available seats on what is already the second smallest aircraft proposed in this

proceeding.

Virgin America is, in fact, and as reported in the Flight Global article, currently in the

process of upgrading the thrust for the CFM53 engines on its A319 aircraft . However, Ala ska’s

suggestion that Virgin America might somehow be required to “restrict sales” of seats in the

DCA

- SFO market is entirely without merit. Th e upgrade that Alaska has put at issue requires

the straightforward installation of an engine data plug and iden tification plate , accomplished

during the course of overnight maintenance visit s . Virgin America has already initiated the

process of modifying its flight and maintenance manuals for the upgrade, with the upgrade itself

scheduled to be completed for six V irgin America A319 aircraft , including the three aircraft that

would be used for Virgin America’s proposed DCA

- SFO flights, by June 30 , 2012, well before

the date on which Virgin America would begin operating such flights.

Respectfully submitted,

John E. Gillick

Jonathon H. Foglia

Zuckert, Scoutt & Rasenberger L.L.P.

888 Seventeenth Street, NW, Suite 700

Washington, DC 20006

Tel: (202) 973

- 7939

jegillick@zsrlaw.com

jhfoglia@zsrlaw.com

Counsel for

Virgin America Inc.

March 30 , 2012CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion and Response of Virgin America Inc.

was served this 30 th day of March, 2012, via email transmi ssion on the following persons:

carl.nelson@aa.com

jhill@dowlohnes.com

perkmann@dowlohnes.com

robert.land@jetblue.com

sascha.vanderbellen@delta.com

scott.mcclain@delta.com

sametta.c.barnett@ delta.com

rbkeiner@crowell.com

lhalloway@crowell.com

gmurphy@crowell.com

dan.weis s@united.com

steve.morrissey@united.com

jonathan.linde@united.com

bob.kneisley@wnco.com

leslie.abbott@wnco.com

dkirstein@yklaw.com

jyoung@yklaw.com

marshall.sinick@squiresanders.com

edward.sauer@squiresanders.com

charles.donely@squiresanders.com robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

howard.kass@usairways.com

benjamin.slocum@usairways.com

john.fredericksen@suncountry.com

she ryl.bregman@sfgov.org

john.martin@flysfo.com

susan.kurland@dot.gov

todd.homan@dot.gov

james.dann@dot.gov

peter.irvine@dot.gov

dennis.devany@dot.gov

esta.rosenberg@dot.gov

brian.ctr.meehan@faa.gov

john.potter@mwaa.com

john.allen@faa.gov

william.stallings@usdoj.gov

___________ ___ _______ _______ __ _____ __ Jonathon H. Foglia