AFS-13-003-E March 29, 2013

Exemption No. 10740 Regulatory Docket No. FAA-2012-1061

Barbara Russell, Esq.

Associate General Counsel Virgin America, Inc. 555 Airport Boulevard, Suite 500 Burlingame, CA 94010

Dear Ms. Russell:

This letter is to inform you that we have granted your request for exemption. 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 September 27, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Virgin America, Inc. (Virgin America), for an exemption from § 61.3(a) and (c) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow 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.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Virgin America.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 5560, as amended (copy enclosed), the FAA found that although the FAA issues telegraphic replacement certificates on a 24-hour emergency basis, some airlines are not equipped to receive such certificates in a timely manner at various locations during non-business hours. The FAA finds that the2

inability of an airline to receive telegraphic replacement certificates in a short time could result in substantial flight delays or even flight cancellations.

The FAA notes that in Amendment 61-102, “Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules; Final Rule; Request for Comments” (62, FR 16220, April 4, 1997), effective August 4, 1997, § 61.29 was revised to permit airmen who have lost an airman or medical certificate to obtain confirmation by facsimile rather than by telegram

that the certificate was issued.

The FAA found that permitting the air carrier to issue written confirmation of an FAA-issued flight crewmember certificate could preclude de lays and cancellations and, therefore, would be in the public interest. The FAA also found that although there may be minor differences between the content of the records maintained by the FAA and those maintained by the carrier, granting the exemption with certain conditions and limitations would provide a level of safety equivalent to that provided by the aff ected regulations. Finally, the FAA stated that under section 1, chapter 1, of annex 1 to the International Civil Aviation Organization International Standards and Recommended Practices, a license must be issued or rendered valid by a Contracting State, and therefore, operations under the exemption would be limited to flights conducted within the 48 contiguous United States and the District of Columbia.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 5560;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 5560 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Virgin America, Inc., an exemption from 14 CFR § 61.3(a) and (c) to the extent necessary to allow Virgin America to establish procedures to issue to its pilot flight crewmembers, on a tem porary basis, confirmation of any required pilot and medical certificate and photo ID, based on information in Virgin America’s approved record system. That confirmation allows the individual pilot to serve as a pilot flight crewmember for any scheduled part 121 flight operation without having in his/her possession an FAA-issued pilot or medical certificate or photo ID, subject to the conditions and

limitations described below.3

Conditions and Limitations

1. This exemption is issued for the purpose of preventing cancellation of air carrier flights in situations where a pilot flight crewmember’s FAA pilot certificate, FAA medical certificate, and/or photo identification are valid but physically unavailable. The privileges of this exemption are intended for situations where pilots have no access to airman services at the faa.gov website for receiving via fax or internet download FAA-issued documents containing temporary authority to exercise certificate privileges as described in § 61.29(e).

2. This exemption allows Virgin America to issue to a pilot flight crewmember a document confirming his/her FAA-issued pilot and medical certification. The document issued by Virgin America must be in the pilot flight crewmember’s physical possession when exercising the privileges of the exemption and must contain the following information:

a. The pilot flight crewmember’s certification information from his/her pilot and

medical certificates

b. The exact text or a photocopy of this exemption.

c. The Virgin America confirmation document must include the following

statements:
i. “Issued under the authority of Exemption No. [XXXX].”

ii. “Expires [insert date/time 72 hours after issuance].”

iii. “The privileges of this exemption may be exercised only for flights within the District of Columbia and the 48 contiguous United States.

iv. “The privileges of this exemption may be exercised for any flights that are under the operational control of Virgin America.”

3. Before conducting operations under this exemption, Virgin America must receive approval from its FAA principal operations inspector (POI) for the procedures Virgin America expects to employ in issuing a confirmation document to pilot flight crewmembers who do not have in their personal possession the required pilot and/or medical certificate or photo identification. These procedures must include a method to ensure positive identification (such as a photocopy of a driver license or passport) of the pilot flight crewmember when the pilot no longer has photo identification.

4. Each pilot flight crewmember who operates a flight under this exemption must:

a. As soon as practicable, obtain from airman services at the faa.gov website a document containing temporary authority to exercise certificate privileges.

b. If the pilot flight crewmemember’s FAA pilot and medical certificate are permanently lost or destroyed, the pilot flight crewmember must comply with the requirements of § 61.29 and ensure a request for replacement certificate from the FAA is made within 72 hours of the initiation of any flight conducted under this exemption. Virgin America is authorized to make this application to the FAA on behalf of the pilot flight crewmember.4

c. The pilot flight crewmember must provide a copy of FAA-issued documents containing temporary authority to exercise certificate privileges to Virgin America within 24 hours of the receipt of that document.

This exemption terminates on April 30, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards

Service

Enclosure