January 30, 2013

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Petition for Emergency Exemption regarding Emergency Medical Equipment; 14 CFR § 

121.803

Dear Sir or Madam:

In accordance with the provisions of Title 14, Code of Federal Regulations §§ 11.63, 11.81, and 

11.87, Spirit Airlines, Inc. petitions for emergency expedited approval of a limited exemption 

from 14 CFR § 121.803(c)(3), which requires airplanes with seating capacity of more than nine 

passengers to carry an Emergency Medical Kit (EMK) with contents as specified in Appendix A 

to Part 121. Specifically, Spirit requests a temporary, one-year exemption from the requirements 

of 14 CFR § 121.803(c)(d) Part 121, Appendix A to the extent necessary to relieve it from the 

requirement to carry two single dose ampules of Atropine 5cc, injectable in required on-board 

EMKs. Spirit requests this exemption because, due to the nationwide shortage of Atropine, 

Spirit is unable to procure these items for its kits. Spirit has been advised by the medical kit 

provider MedAire that it will not be able to include Atropine in the Emergency Medical Kits 

after January 31, 2013. (See January 28, 2013 MedAire notice attached).

Identical relief as that requested by Spirit was granted by Exemption No. 10690 to those 

members of Airlines For America (A4A), the National Air Carrier Association (NACA), and the 

Regional Airline Association (RAA) who are part 119 certificate holders conducting 121 

passenger carrying operations. (A copy of this Exemption is attached). As explained in the 

associations’ exemption request and recognized in the FAA decision granting that exemption, 

there exists a manufacturing supply shortage of Atropine leaving airlines without the means to 

comply with the requirements of Appendix A. Spirit, a Part 119 certificated carrier conducting 

passenger operations under Part 121, is equally affected as the members of those organizations

by the Atropine shortage and would be adversely affected if not provided the same ability to 

avoid grounding aircraft in the event that adequate Atropine cannot be obtained. Accordingly, 

pursuant to 14 CFR § 11.87, Spirit requests that the FAA waive publication and immediately act 

on this exemption request. It is noteworthy that the associations’ original exemption request 

asked for relief on behalf of all similarly situated carriers.

 

In granting Exemption No. 10690 the FAA found that it was in the public interest to temporarily 

exempt the 38 named carriers from the Atropine requirement and the exemption was not adverse 

to public safety. This finding applies equally to Spirit. Like the carriers granted the exemption, 
Petition for Exemption

January 30, 2013

2

the nationwide Atropine shortage creates the risk of its aircraft not meeting the requirements of 

Appendix A of part 121, necessitating removal from service. Further, Atropine is not frequently 

used on Spirit flights, and it is in the public interest to prevent Spirit from having to compete 

with ground-based medical service providers for the limited supply of Atropine available in the 

U.S.

Spirit also requests that it be allowed to exercise this privilege outside of the United States. 

Again, the reasons for allowing carriers covered by Exemption No. 10690 to exercise the 

exemption outside the United States apply equally to Spirit. Namely, the International Civil 

Aviation Organization recommends that Atropine be included in EMKs but does not specifically 

require it. Accordingly, Spirit would not violate ICAO requirements if Atropine was not present 

in an EMK.

Summary of Petition:

Petitioner: Spirit Airline, Inc.

Affected Regulations: 14 CFR 121.803(c)(3) and 14 CFR part 121, Appendix A -

First Aid Kits and Emergency Medical Kits.

Summary of Relief Sought: The relief would temporarily exempt Spirit Airlines from 

having to carry Atropine in EMKs due to a chronic 

shortage of the drug

Granting this exemption is in the public interest as it avoids potential, unpredictable 

disruptions in scheduled air transport service.

For the foregoing reasons, Spirit respectfully request an expedited exemption from the 

requirements of 14 C.F.R. § 121.803(c)(3) and Appendix A to Part 121 pertaining to the 

provision of Atropine in the EMK for one year or until Atropine is once again commercially 

available.

Respectfully submitted January 30, 2013 by:

Joanne W. Young

David M. Kirstein

Kirstein & Young PLLC

1750 K Street N.W.

Suite 200

Washington, D.C. 20006

(202) 331-3348 (telephone)

(202) 331-3933 (facsimile)

Counsel for SPIRIT AIRLINES, INC.
Petition for Exemption

January 30, 2013

3

CC (by email): 

Mr. John Allen

Federal Aviation Administration

Director, Flight Standards Service, AFS-1

800 Independence Ave., SW

Washington, DC 20591

Mr. John Duncan

Federal Aviation Administration

Deputy Director for Policy, Flight Standards, AFS-2P

800 Independence Ave., SW

Washington, DC 20591

Mr. Les Smith

Federal Aviation Administration

Flight Standards Service

Air Transport Division, AFS-200

800 Independence Avenue, SW

Washington, DC 20591

Mr. Steve Douglas

Federal Aviation Administration

Flight Standards Service

Aircraft Maintenance Division, AFS-300

470 L’Enfant Plaza, SW

Washington, DC 20024

Enclosure/
RE: Updates to labeling of Emergency Medical Kits (EMKs) and 

Enhanced Emergency Medical Kits (EEMKs) in regards to Atropine exemption.

Reference: U.S. Title14 CFR 121.803 Emergency Medical Equipment. Exemption No. 10690

Date: January 28, 2013

In response to the Partial Grant of Exemption issued by the FAA on January 25 regarding the requirement of 

Atropine, MedAire will implement the following changes to its Emergency Medical Kits and Enhanced Emergency 

Medical Kits.

Effective January 31, MedAire will incorporate the following modifications to all new and refurbished FAR-compliant 

EMKs and EEMKs provided to U.S.-based carriers: 

1. Atropine: MedAire will discontinue the inclusion of Atropine in all medical kits that are U.S. FAR-compliant.

2. Medical Kit Content Card: The Content Card will be revised to indicate the elimination of Atropine and will 

reference exemption notice #10690.

3. Exterior Tag: A red tag will be added to the exterior zipper indicating that the medical kit does not have 

Atropine pursuant to exemption notice #10690. An example of the tag is included below. 

4. Exemption Notice: A copy of the exemption notice #10690 will be inserted into the main compartment of 

every medical kit that does not contain Atropine. 

These modifications will be in effect through the duration of the Partial Grant of Exemption, which terminates on 

January, 31, 2014, unless sooner superseded, rescinded, or extended.

This exemption will allow MedAire to continue to provide our client carriers with new and refurbished Emergency 

Medical Kits and Enhanced Emergency Medical Kits that comply with FAA guidelines.

MedAire will continue to provide updates as they are available. Should you have any questions, please do not 

hesitate to contact your account manager.

For more information about the Atropine production shortage, please visit:

http://www.fda.gov/Drugs/DrugSafety/DrugShortages/ucm314739.htm#atropine

Sincerely,

William Mason Gary Del Vecchio

Director, Commercial Aviation Vice President, Manufacturing

william.mason@medaire.com gary.delvecchio@medaire.com

An example of the Exterior Tag addition.