555 Airport Blvd., 5th Fl.

Burlingame, CA 94010

Direct Dial: (650) 762-7394

Direct Fax: (650) 648-0489

barbara.russell@virginamerica.com

April 3, 2014

Submitted via www.regulations.gov

Mr. John S. Duncan

Director, Flight Standards

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

Re: Regulatory Docket No. FAA-2010-0631

Petition of Virgin America Inc. for Extension of Exemption No. 10102A

Dear Mr. Duncan:

Virgin America Inc. (“Virgin America”), pursuant to 14 C.F.R. § 11.61, hereby 

requests that the Federal Aviation Administration (“FAA”) extend Exemption No. 

10102A, granted on June 21, 2012 and issued in the above-captioned docket (copy 

enclosed).1

 This exemption from 14 C.F.R. 121.434(c)(1)(ii) allows 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. Virgin America respectfully requests that any 

extension granted by the FAA 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 Jul. 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. In this regard, 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 

 1 Exemption No. 10102A, by its terms, expires on July 31, 2014.
Mr. John S. Duncan

Director, Flight Standards

Federal Aviation Administration

April 3, 2014

that may influence the price of services to the public. It also would 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. 10102A were issued subject to conditions and limitations set 

forth in the exemptions.

2. 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 and 10102A, 

and, as a consequence, 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 12 more captains this year, with 36 new PICs completing training in 2015 and 

36 new PICs completing training in 2016.

3. An extension of Exemption No. 10102A would: 

a) be wholly consistent with previous exemptions granted in similar

circumstances;

b) allow the FAA greater flexibility and better use of its inspector force 

by focusing on higher priority safety functions;

c) allow the use of qualified pilots immediately after completing 

operating experience;

d) allow significantly increased use of qualified pilots and improve 

Virgin America's ability to provide dependable, on-time air service to 

the public;

e) reduce the unnecessary cost of wages and lost productivity for those 

qualified pilots awaiting FAA observation; and

f) allow the traveling public greater access to Virgin America's wellreceived low cost service at a pace consistent with its planned 

expansion of operations; allow full utilization of Virgin America's fleet 

by insuring adequate qualified pilots; and allow increased service to 

previously underserved markets.
Mr. John S. Duncan

Director, Flight Standards

Federal Aviation Administration

April 3, 2014

4. 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 Nos. 10102 issued to Virgin America, that:

a) the authorized check airman will be highly trained and experienced 

with the particular aircraft type and will be approved by the FAA;

b) the check airman will only be used to fulfill 14 C.F.R. 

§ 121.434(c)(1)(ii) when a qualified FAA inspector is not available; 

and

c) the FAA maintains the authority to observe any pilot any time during 

line observations.

5. Virgin America submits that good cause exists for not publishing a 

summary of this petition in the Federal Register, as the requested extension of Exemption 

10102A would not set a precedent, and any delay in acting on this petition would be 

detrimental to Virgin America.

WHEREFORE, for the foregoing reasons, Virgin America Inc. respectfully requests 

that the FAA extend Exemption No. 10102A for a period of not less than two years, and 

grant such additional relief as it deems appropriate.

Sincerely,

Barbara Russell

Associate General Counsel

Enclosure
AFS-12-408-E

June 21, 2012

 Exemption No. 10102A

 Regulatory Docket No. FAA-2010-0631

Ms. Barbara Russell

Associate General Counsel

Virgin America, Inc.

555 Airport Boulevard, 5

th Floor

Burlingame, CA 94010

Dear Ms. Russell:

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

No. 10102. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations.

The Basis for Our Decision

By letter dated May 29, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Virgin America, Inc. (Virgin), for an extension of Exemption No. 10102. That 

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

Virgin 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 § 121.424 during at least one flight leg that includes a takeoff 

and a landing.

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.

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.
2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10102

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

authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has 

delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. A Virgin 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, 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 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.

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

observation in place of an FAA inspector must––

a. Be approved by the Administrator to conduct the observation;

b. Have served as a check airman or aircrew program designee for Virgin 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 must maintain student, check airman, and aircrew program designee records 

that demonstrate compliance with the conditions and limitations of this exemption.
3

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10102 to July 31, 2014, unless 

sooner superseded or rescinded. 

Sincerely,

/S/

John M Allen

Director, Flight Standards Service