AFS-14-240-E

June 18, 2014

 Exemption No. 10102B

 Regulatory Docket No. FAA-2010-0631

Ms. Barbara Russell

Associate General Counsel

Virgin America, Inc.

555 Airport Boulevard, 5th Floor

Burlingame, CA 94010

Dear Ms. Russell:

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

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

conditions and limitations.

The Basis for Our Decision

By letter dated April 3, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of

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

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

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

the authority provided by 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator 

has delegated to me, Virgin America, Inc. is granted an extension to its exemption from 14 CFR

121.434(c)(1)(ii) that allows Virgin America to substitute a qualified and authorized check airman or 

aircrew program designee for an FAA inspector to observe a qualifying 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, subject to the following conditions and limitations.

Conditions and Limitations

1. A Virgin America 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

America, 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 America 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 America 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 America must maintain student, check airman, and aircrew program designee 

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

Our decision extends the termination date of July 31, 2017, unless sooner superseded or rescinded. 

Sincerely,

/S/

John Barbagallo

Acting Deputy Director, Flight Standards Service