UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC

Issued by the Department of Transportation on April 2, 2010 

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0068 _________________________________________________________________________________________________________ 

This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter). 

Application of VIRGIN AMERICA, INC. (Virgin America), filed 3/18/10, for: 

XX Exemption under 49 U.S.C. 40109 to provide the following service: 

Scheduled foreign air transportation of persons, property, and mail between a point or points in the United 

States and a point or points in Canada.

1

Applicant rep: David H. Pflieger, Jr. (650) 762-7115 DOT Analyst: Linda L. Lundell (202) 366-2336

D I S P O S I T I O N 

XX Granted (subject to conditions, see below) 

The above action was effective when taken: April 2, 2010, through April 2, 2012. 

Action taken by: Paul L. Gretch, Director 

 Office of International Aviation 

XX The authority granted is consistent with the aviation agreement between the United States and Canada. 

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated: 

XX Holder’s certificate of public convenience and necessity 

 XX Standard exemption conditions (attached) 

Remarks: We have acted on this application without awaiting expiration of the 15-day answer period with the 

consent of all parties served. 

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant 

qualified to provide the exemption services authorized. 2

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was 

consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of 

the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. 

 

1

 Virgin America states that it plans to institute service in the Los Angeles-Toronto and San Francisco-Toronto markets in June

2010. 

2

 By Orders 2007-5-11 and 2007-8-17, we found Virgin America fit, willing, and able to conduct interstate scheduled air 

transportation of persons, property, and mail. The foreign air transportation services authorized here are not markedly different 

in terms of aircraft size or stage length from the carrier’s current operations under its existing authority. We, therefore, find 

that Virgin America is qualified to provide the proposed air transportation for the period covered by the exemption. 
To the extent not granted or deferred, we denied all requests in the referenced Docket. We may amend, modify, or 

revoke the authority granted in this Notice at any time without hearing at our discretion. 

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s 

regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. 

This action was effective when taken, and the filing of a petition for review will not alter such effectiveness. 

An electronic version of this document is available on the World Wide Web at: 

http://www.regulations.gov
ATTACHMENT 

U.S. Carrier Exemption Conditions 

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall: 

(1) Hold at all times effective operating authority from the government of each country served; 

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized); 

(3) Comply with the requirements for reporting data contained in 14 CFR 241; 

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205; 

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses; 

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation 

Security Administration, and with all applicable U.S. Government requirements concerning security, 

including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. 

Government requirements concerning security, the holder shall, before commencing any new service 

(including charter flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to 

advise the PSI of its plans and to find out whether the Transportation Security Administration has 

determined that security is adequate to allow such airport(s) to be served; 

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest 

as may be prescribed by the Department of Transportation, with all applicable orders and regulations of 

other U.S. agencies and courts, and with all applicable laws of the United States. 

The authority granted shall be effective only during the period when the holder is in compliance with the 

conditions imposed above. 

 

 

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