555 Airport Blvd., 5 th 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: Regul atory 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.
10102 A, granted o n 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 st ates 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, specifica lly 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 J uly 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 a t 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 thi s 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 year s, and anticipates upgrading 12 m ore 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 simila r 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 publ ic greater access to Virgin America's well

received 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 previ ously 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 re lief, including Exempt ion No s . 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. § 12 1.434(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
tha t 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

EnclosureAFS

- 12

- 4 08

- 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 g ranted your petition to extend Exemption
No. 10102. It explains the basis for our decision , describes its effect, and lists the conditions
and limitations.

T he 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 beca use the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be de trimental 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 delegat ed to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. A Virgin check airman or aircrew program designe e may conduct a PIC observation in place of an FAA inspector when

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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 phase s, 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