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 Adm inistration (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 determ ined 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 term ination date of Exemption No. 10102 to July 31, 2014, unless sooner superseded or rescinded.

Sincerely,

/S/

John M Allen Director, Flight Standards Service