AFS

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- E F ebruary 15, 2013

Exemption No. 107 02 Regulatory Docket No. FAA

- 2013

- 0128

Mr. John Varley

Senior Vice President and General Counsel Virgin America, Inc. 555 Airport Boulevard, Suite 500 Burlingame, CA 94010

Dear Mr. Varley :

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 for Our Decision

By letter dated February 5, 2013 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Virgin America, Inc. ( Virgin America )

, for an exemption from § 121.803(c)(3) and Appendix A of part 121, Title 14, C ode of Federal Regulations. The proposed exemption, if granted, would provide relief from the requirement to include Atropine in an Emergency Medical Kit (EMK).

The FAA has determined that good cause exists for not publishing a summary of the 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 of exemption in circumstances similar in all material respects to those presented in your petition. In Partial Grant of Exemption No. 10690 (copy enclosed),

the FAA found that the nationwide Atropine shortage is affecting not only EMK suppliers to airlines, but also ground

- based medical service providers. The FAA also found that, because this medication is reported to rarely be used in flight, it is not in the public interest for EMK suppliers to airlines to be competing with the greater need and demand of ground

- based medical providers for these medications.2

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

—

• they are similar in all material respects to relief previously requested in the enclosed

Partial Grant of Exemption No

. 10690 ;

• the reasons stated by the FAA for granting the enclosed Partial G rant of Exemption

No. 10690 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator

has d elegated to me, I hereby g rant Virgin America , Inc., an exemption from

14 CFR 121.803(c)(3) and Appendix A of part 121, to the extent necessary to relieve them from the requirement to carry two single dose ampules of Atropine 5cc injectable, in required

on

- board EMKs when, due to t he nationwide shortage discussed herein, they are unable to procure these items for the kits , subj ect to the conditions and limitations described below.

Conditions and Limitations

1. A copy of this exemption must be carried on board each aircraft operating with emergency kits that do not include Atropine as required by Appendix A of part

121.

2. The pilot in command must inform crewmembers that any emergency medical kits on board the aircraft may not contain Atropine as part of the pre

- flight briefing.

3. This ex emption may be used for flights conducted outside of the United States.

This exemption terminates on February 28 , 2014 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service

Enclosure