UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 24, 2013

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0130 _________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official 

indicated (no additional confirming order will be issued in this matter).

Application of VIRGIN AMERICA, INC. (Virgin America), filed 7/12/13 for:

XX Renewal of exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between San Francisco, 

California, and Puerto Vallarta, Mexico, and to combine this authority with its existing economic 

authority.

Applicant rep: Barbara Russell (650) 762-7394 DOT Analyst: Brett D. Kruger (202) 366-8025 

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

XX Granted sua sponte waiver of advance filing requirement under Part 3771

The above action was effective when taken: July 24, 2013, through July 24, 2015.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and 

Mexico.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations 

indicated:

XX The holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Remarks: We acted on this application without awaiting expiration of the 15-day answer period with the 

consent of all parties served with the application.

Conditions: The U.S.-Mexico exemption authority granted is subject to the dormancy notice 

requirements set forth in condition 7 of Appendix A of Order 88-10-2.

The route integration authority granted is subject to the condition that any service provided under this 

exemption shall be consistent with all applicable agreements between the United States and the foreign 

countries involved. Furthermore, (a) nothing in award of the route integration authority granted should be 

 1 Virgin America’s renewal application was not timely filed under the terms of 14 CFR 377.10(c). In the 

circumstances presented, including the absence of opposition to the application, we will grant the carrier a waiver of 

the advance filing requirement.
construed as conferring upon Virgin America rights (including fifth-freedom intermediate and/or beyond 

rights) to serve markets where U.S. carrier entry is limited unless Virgin America notifies the Department 

of its intent to serve such a market and unless and until the Department has completed any necessary 

carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights; 

and (b) should there be a request by any carrier to use the limited-entry route rights that are included in 

Virgin America’s authority by virtue of the route integration exemption granted here, but that are not then 

being used by Virgin America, the holding of such authority by route integration will not be considered as 

providing any preference for Virgin America in a competitive carrier selection proceeding.

______________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our 

action was consistent with Department policy; (2) grant of the authority was consistent with the public 

interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy 

Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced 

Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without 

hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the 

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of 

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will 

not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the 

Transportation Security Administration, and with all applicable U.S. Government requirements 

concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all 

applicable U.S. Government requirements concerning security, the holder shall, before commencing any 

new service (including charter flights) to or from a foreign airport, contact its Principal Security Inspector 

(PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has

determined that security is adequate to allow such airport(s) to be served; 

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest 

as may be prescribed by the Department of Transportation, with all applicable orders and regulations of 

other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the 

conditions imposed above.

1/2008