AFS-13-197-E

March 12, 2013

 Exemption No. 10726

 Regulatory Docket No. FAA-2013-0117

Mr. Ryan Montgomery

Chief Inspector

TEM Enterprise dba Xtra Airways

805 West Idaho Street, Suite 400

Boise, ID 83702

Dear Mr. Montgomery:

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 and amended letter dated February 11, 2013, you petitioned 

the Federal Aviation Administration (FAA) on behalf of TEM Enterprise dba Xtra Airways

(Xtra Airways), for an exemption from § 121.803(c)(3) and Appendix A of part 121, Title 14, 

Code 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 Xtra Airways.

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 Grant 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 delegated to me, I hereby grant TEM Enterprise dba Xtra Airways 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 the nationwide shortage discussed herein, they are unable to 

procure these items for the kits, subject 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 exemption 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/

Michael J. Zenkovich

Deputy Director, Flight Standards 

Service 

Enclosure