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, 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. 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. 
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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. 
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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