AFS-10-307-E Jul 22 2010

Exemption No. 10102 Regulatory Docket No. FAA-2010-0631

Ms. Barbara Russell

Associate General Counsel Virgin America, Inc. 555 Airport Boulevard, 4 th Fl. Burlingame, CA 94010

Dear Ms. Russell:

This letter 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 of the exemption, including the date it ends.

The Basis of Our Decision

On June 14, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Virgin America, Inc. (Virgin), for an exemption from § 121.434(c)(1)(ii) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow 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.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register . The requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Virgin.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 6473, as amended (copy enclosed), the FAA found that permitting a limited number of qualified and authorized check airmen to conduct certain PIC observations would benefit the public by reducing unnecessary2

costs that may influence the price of services to the public. It would also improve the airline’s ability to provide on-time, dependable air service. In addition, the FAA found that the requested exemption would not reduce the level of safety, provided that the petitioner complies with certain conditions and limitations. Please note that the candidate referenced in the conditions and limitations is the qualifying PIC.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Therefore, 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 § 121.434(c)(1)(ii) to the extent necessary to allow Virgin to substitute a qualified and authorized check airman in place of 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. This exemption is subject to the conditions and

limitations described below.

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 prepara tion, 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;3

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.

This exemption terminates on July 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/ Bradley D. Pearson Acting Director, Flight Standards

Service

Enclosure