# . amer1ca

January 29, 2015 Submitted via www.regulations.gov
Mr. Jolm S

. Duncan Director, Flight Standards Service Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Re: Regulatory Docket No. FAA-2012-1061 555 Airp on Blvd

. , 5°' Fl. Burlingame, C A 940 I0 Dir ect Dia l: (650) 762-7394 Dir ect Fax : (650) 648

-048 9 barbara. ru ssell@ virginamcrica.com

Petition ofVirgin America Inc. for Extension of and Amendment to Exemption No. 10740
Dear Mr. Duncan: Virgin America Inc

. (" Virgin America" ), a part 121 operator, hereby requests, pursuant to 14 C.F.R. § 11.61 , that the Federal Aviation Administration ("FAA" ) extend and amend Exemption No. 10740, granted on March 29 , 2013 and issued in the abovecaptioned docket (copy enclosed), as more fully described herein. 1 Exemption No. 10740, as issued, provides relief from 14 C

.F.R. § 61.3(a) and (c) and allows Virgin America to establish special procedures to issue to its pilot flight crewmembers, on a temporary basis, confirmation of any required pilot and medical certificate and photo ID, based on information in the carrier' s approved record system and subject to conditions and limitations

. As set forth herein, Virgin America asks that the relief from 14 C.F.R

. 61.3(a) and (c) be extended, and that Exemption No. 10740 also be amended to provide relief from 14 C.F.R. § 121.383(a)(2)

. Virgin America respectfully requests that any extension and amendment granted by the FAA in response to this petition be for a period ofnot less than two years. In support ofthis petition, Virgin America states as follows: 1. The FAA determined, in its original decision granting Exemption No. 10740, that the circumstances presented by Virgin America were similar in all material respects to a previous exemption granted by the FAA, specifically Exemption No. 5560, as amended, issued to the Regional Airline Association

. In this regard, the FAA concluded that the reasons for issuing Exemption No. 5560 also applied to the

1 Exemption No. 10740, by its terms, expires on April 30, 2015.

### Mr. John S

. Duncan Director, Flight Standards Federal Aviation Administration January 29, 20I5 circumstances presented by Virgin America, and, consistent with prior FAA findings , "permitting the air carrier to issue written confirmation of an FAA-issued flight crewmember certificate could preclude delays and cancellations and, therefore, would be in the public interest. " Exemption No. I0740 at 2. The FAA also found that grant ofthe exemption with the conditions and limitations attached thereto "would provide a level of safety equivalent to that provided by the affected regulations. " ld. 2. Virgin America's reasons and need for the grant of this requested relief remain the same today as when the FAA granted Exemption No. I0740 and, as a consequence, fully support the relief requested herein, for a further two-year period. Virgin America' s flights involve operations during all hours of the day and night and, considering the hundreds of certificated airmen required to support the carrier' s flight schedule, it is not uncommon for a small percentage of this group to have his or her required certificate(s) and/or photo ID misplaced, lost or damaged. Occasionally, this may occur at a location where it is not possible to contact the FAA telephonically or online to immediately obtain the appropriate telegraphic confirmation in accordance with I4 C.F.R. § 

### 61.29

. 3. An 

### extension and amendment ofExemption No. I0740 would: a) be wholly consistent with previous exemptions granted m similar circumstances ; b) avoid unnecessary flight delays and cancellations; and c) allow full utilization of Virgin America's fleet, thereby ensuring the traveling public enjoys maximum access to the carrier' s well-received low fare service. 4. Importantly, grant of this requested relief to Virgin America will not reduce the level of safety provided by the applicable regulations, as the Administrator has previously detennined in similar requests for relief , including Exemption No. I0740 to Virgin America, that: a) the document issued by the carrier must be in the pilot flight crewmember' s physical possession when exercising the privileges of the exemption and must contain the information set forth in the conditions and limitations attached to the exemption; b) the carrier receive approval from its FAA principal operations inspector for the procedures to be employed in issuing the confirmation document to the relevant pilot flight crewmembers, including procedures to ensure positive identification when the pilot no longer has photo identification; and

### Mr. John S. Duncan Director, Flight Standards Federal Aviation Administration January 29, 2015 c) each pilot flight crewmember who operates a flight under the exemption (i) obtain from Airmen Services at www.faa.gov , as soon as practicable, a document containing temporary authority to exercise certificate privileges, (ii) comply with 14 C.F.R

. § 61.29 (if the pilot flight crewmember' s FAA pilot and medical certificate are permanently lost or damaged) and (iii) provide a copy of FAA-issued documents containing temporary authority to exercise certificate privileges to the carrier within 24 hours ofreceipt ofthe document. 5. Virgin America, in its initial request that the FAA grant the exemption at issue, petitioned the FAA for relief from 14 C

.F.R. § 121.383(a)(2), which states, in relevant part, "No certificate holder may use any person as an airman nor may any person serve as an airman unless that person ... [h]as any required appropriate current airman and medical certificates in his possession while engaged in operations under this part." The decisional letter issued by the FAA in response to the carrier's initial request did not explicitly address Virgin America's request for relief from Section 121.383(a)(2). Virgin America therefore asks, in connection with its requested extension of Exemption No. 10740, that the exemption be formally amended to expressly encompass Section 121.383(a)(2), as relief from Section 121.383(a)(2) is necessary to give meaningful operational effect to the previously-issued relief from Sections 61.3(a) and (c) and the special procedures established under Exemption l0740. Additionally, the express inclusion of relief from Section 121.383(a)(2) in any extension of Exemption 10740 is consistent with previous exemptions routinely granted by the FAA in comparable settings, including, most particularly, an exemption issued to Airlines for America and its part 121 carrier members under circumstances similar in all material respects to those presented by Virgin America (Exemption No. 5487, as amended). 6. Virgin America submits that the requested extension ofand amendment to Exemption No. 10740 is not controversial. A summary of the request made herein is attached, as required under 14 C.F.R. § 

### 11.81. Nevertheless, Virgin America submits that good cause exists for not publishing a summary ofthis petition in the Federal Register, as the requested extension and amendment ofthe exemption and is not precedential, and any delay in acting on this petition would be detrimental to Virgin America.

### Mr. John S. Duncan Director, Flight Standards Federal Aviation Administration January 29, 2015 WHEREFORE, for the foregoing reasons, Virgin America Inc. respectfully requests that the FAA extend and amend Exemption No. 10740 for a period of not less than two years, as described more fully herein, and grant such other or additional reliefas it deems consistent with this request and the public interest. Sincerely,

Barbara Russell Associate General Counsel EnclosureVirgin America Inc. Regulations affected:
Description ofrelief sought: 

### SUMMARY OF PETITION

14 C.F.R. § 61.3(a) and (c) 14 C.F.R

. § 121.383(a)(2)

Virgin America Inc. (Virgin America) petitions for an extension ofand amendment to Exemption No. 10740

. The exemption permits Virgin America to establish special procedures that enable the carrier to issue to its pilot flight crewmembers , on a temporary basis, confirmation ofany required crewmember certificates and photo IDs based on information contained in the carrier' s approved record system, subject to certain conditions and limitations

.U.S

.Deportment of Transportation Federal Aviation Administration
March 29,2013

Barbara Russell, Esq. Associate General Counsel Virgin America, Inc

. 555 Airport Boulevard, Suite 500 Burlingame, CA 9401 0
Dear Ms

. Russell: Exemption No. I 0740 800 Independence Ave

.. S W Wash ington

. 0 C 2059 t

Regulatory Docket No. FAA-2012-1061

This Jetter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations ofthe exemption, including the date it ends.
The Basis for Our Decision By letter dated September 27, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf ofVirgin America, Inc. (Virgin America), for an exemption from § 61.3(a) and (c) ofTitle 14, Code ofFederal Regulations (14 CFR). That exemption, if granted, would allow Virgin America to establish special procedures to issue to its pilot flight crewmembers, on a temporary basis, confinnation ofany required pilot and medical certificate and photo ID , based on information in the operator's approved record system. The FAA has determined that good cause exists for not publishing a summary ofthe petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Virgin America.
The FAA has issued a grant ofexemption in circumstances similar in all material respects to those presented in your petition

. In Grant ofExemption No. 5560, as amended (copy enclosed), the FAA found that although the FAA issues telegraphic replacement certificates on a 24-hour emergency basis, some airlines are not equipped to receive such certificates in a timely manner at various locations during non-business hours. The FAA finds that the

AFS-13-003-Einability ofan airline to receive telegraphic replacement certificates in a short time could result in substantial flight delays or even flight cancellations.
The FAA notes that in Amendment 61-102 , " Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules; Final Rule; Request for Comments" (62 , FR 16220, April4 , 1997), effective August 4 , 1997, 

### § 61.29 was revised to permit airmen who have lost an ainnan or medical certificate to obtain confirmation by facsimile rather than by telegram that the certificate was issued

. The FAA found that pem1itting the air carrier to issue written confinnation of an FAA-issued flight crewmember certificate could preclude delays and cancellations and, therefore, would be in the public interest. The FAA also found that although there may be minor differences between the content ofthe records maintained by the FAA and those maintained by the carrier, granting the exemption with certain conditions and limitations would provide a level of safety equivalent to that provided by the affected regulations. Finally, the FAA stated that under section 1, chapter I , ofannex 1 to the International Civil Aviation Organization International Standards and Recommended Practices, a license must be issued or rendered valid by a Contracting State, and therefore, operations under the exemption would be limited to flights conducted within the 48 contiguous United States and the District of Columbia. Having reviewed your reasons for requesting an exemption, I find that- • they are similar in all material respects to reliefpreviously requested in the enclosed Grant ofExemption No. 5560; • the reasons stated by the FAA for granting the enclosed Grant ofExemption No. 5560 also apply to the situation you present; and • a grant ofexemption is in the public interest. Our Decision
Under the authority contained in 49 U.S

.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Virgin America, Inc. , an exemption from 14 CFR § 61.3(a) and (c) to the extent necessary to allow Virgin America to establish procedures to issue to its pilot flight crewmembers, on a temporary basis, confirmation of any required pilot and medical ce11ificate and photo lD, based on information in Virgin America's approved record system. That confirn1ation allows the individual pilot to serve as a pilot flight crewmember for any scheduled part 121 flight operation without having in his/her possession an FAA-issued pilot or medical certificate or photo ID, subject to the conditions and limitations described below. 2Conditions and Limitations
1. This exemption is issued for the purpose ofpreventing cancellation of air carrier flights in situations where a pilot flight crewmember's FAA pilot certificate, FAA medical certificate, and /or photo identification are valid but physically unavailable

. The privileges ofthis exemption are intended for situations where pilots have no access to airman services at the faa.gov website tor receiving via fax or internet download FAA-issued documents containing temporary authority to exercise certificate privileges as described in§ 61.29(e).
2. This exemption allows Virgin America to issue to a pilot flight crewmember a document confirming his/her FAA-issued pilot and medical certification. The document issued by Virgin America must be in the pilot flight crewmember's physical possession when exercising the privileges ofthe exemption and must contain the following information: a. The pilot flight crewmember' s certification infonnation from his/her pilot and medical certificates b

. The exact text or a photocopy ofthis exemption

. c. The Virgin America confirmation document must include the following statements: 1. " Issued under the authority ofExemption No. [XXXX]." 11. "Expires [inse11 date/time 72 hours after issuance]. " 111. " The privileges ofthis exemption may be exercised only for flights within the District ofColumbia and the 48 contiguous United States. 1v. " The privileges ofthis exemption may be exercised for any flights that are under the operational control ofVirgin America. "
3. Before conducting operations under this exemption, Virgin America must receive approval from its FAA principal operations inspector (POI) for the procedures Virgin America expects to employ in issuing a confi1mation document to pilot flight crewmembers who do not have in their personal possession the required pilot and/or medical certificate or photo identification. These procedures must include a method to ensure positive identification (such as a photocopy of a driver license or passport) of the pilot flight crewmember when the pilot no longer has photo identification.
4. Each pilot flight crewmember who operates a flight under this exemption must: a. As soon as practicable, obtain from airman services at the faa.gov website a document containing temporary authority to exercise certificate privileges. b. Ifthe pilot flight crewmemember's FAA pilot and medical certificate are permanently lost or destroyed, the pilot flight crewmember must comply with the requirements of§ 61.29 and ensure a request for replacement certificate from the FAA is made within 72 hours ofthe initiation ofany flight conducted under this exemption. Virgin America is authorized to make this application to the FAA on behalf ofthe pilot flight crewmember. 3c. The pilot flight crewmember must provide a copy ofFAA-issued documents containing temporary authority to exercise certificate privileges to Virgin America within 24 hours ofthe receipt ofthat document.
This exemption tenninates on April 30, 2015 , unless sooner superseded or rescinded. Sincerely,


### I s / Michael J. Zenkovich Deputy Director, Flight Standards Service

Enclosure 4