' america 

Submitted via www.regulations.gov 

Federal Aviation Administration 

U.S. Department ofTransportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

March 7, 2016 

555 Airport Blvd., Ste. 500 

Burlingame, CA 94010 

650-762-7108 

john.,ark\({t virginamerica.com 

Re Petition for Amendment to Exemption No. 10690E 

Regulatory Docket No. FAA-2015-0409/ FAA-2013-0034 

Ladies and Gentlemen: 

Virgin America Inc. ("Virgin America"), a part 121 passenger carrying operator, hereby petitions 

for an amendment to FAA Exemption No. 1 0690E, which currently grants a long-term 

exemption to members of Airlines for America (A4A), the Regional Airlines Association (RAA), 

and the National Air Carriers Association (NACA) from certain requirements of 14 C.F.R. § 

121.803( c )(3) regarding emergency medical kits (EMK). The requested amendment will add 

Virgin America to the carriers covered by Exemption No. 1 0690E. The exemption specifically 

applies to the required contents of the EMKs during temporary supply shortages of the drugs 

Atropine, Dextrose, Epinephrine and/or Lidocaine. Currently Virgin America is covered under 

the following exemptions regarding the required contents of on-board EMKs: (i) Exemption No. 

10721 A concerning the carriage of one single dose ampule of Dextrose 50 cc injectable, which is 

scheduled to expire on March 16, 2016 and (ii) Exemption No. 1660D concerning the carriage of 

two single dose ampules of Atropine 5 cc injectable, which is scheduled to expire on March 31, 

2016. Virgin America further requests that the FAA expedite action on Virgin America's 

petition 1 and that, until such time as it acts on this petition, exercise its discretion not to enforce 

the regulations that are the subject of the relief requested herein. 

1 Virgin America respectfully requests a waiver from 14 C.F.R. § 11.63(d), requiring any petition for an exemption 

to be submitted 120 days before the requested effective date. 
Applicable Regulation and Request for Amendment of Exemption No. 1 0690E 

Virgin America requests an amendment to the long-term exemption granted by FAA in the Order 

Granting Exemption No. 1 0690E, issued January 29, 2016 ("Exemption Order"). Exemption 

10690E granted A4A, RAA, and NACA members a long-term exemption from 14 C.F.R. § 121 

.803(c)(3), which requires passenger-carrying airplanes to be equipped with an EMK containing 

certain drugs including Atropine, Dextrose, Lidocaine, or Epinephrine in amounts as specified in 

Appendix A to Part 121. The exemption applies during periods of shortage, not due to operator 

fault, of the listed substances. In the Exemption Order, the FAA advised that carriers previously 

covered under Exemption No. 1 0690D as "similarly-situated air carriers" would no longer be 

afforded the benefit of such coverage and would need to apply separately for relief similar to that 

granted to the member airlines of A4A, RAA and NACA with respect to the required contents of 

EMKs. Under the procedures established in the Exemption Order, any carrier that is not a 

member or associate member of A4A, RAA or NACA may obtain this coverage by petitioning 

for similar relief, following which the FAA will amend Exemption No. 1 0690E to add the name 

ofthe petitioning carrier. 

Virgin America faces the same problems as the members of A4A, RAA, and NACA in obtaining 

Atropine, Dextrose, Epinephrine, and Lidocaine in the amounts required in part 121 . As more 

fully described in A4A's petition of December 29, 2015, and acknowledged by the FAA in the 

Exemption Order, national shortages of Atropine, Dextrose, Epinephrine, and Lidocaine can 

occur with little advance notice. Also, the duration of such notices can vary, making planning 

for the refurbishing of EMKs virtually impossible during a shortage. Due to the fact that the 

distributors of the EMK-required pharmaceuticals to airlines also compete with hospitals and 

first responders for access to the drugs, during periods of nationwide shortages, it is even less 

likely that the suppliers of the EMKs would be able to supply or refurbish EMKs in order to be 

fully compliant with 14 C.F.R. § 121.803(c) which could cause Virgin America to ground flights 

as EMKs are considered a "no-go" item on the Master Minimum Equipment List (MMEL). 

Moreover, during these shortages, there are no alternative means to comply with the 

requirements as a carrier cannot obtain the required drugs from foreign sources. As determined 

by the FAA in the Exemption Order, granting the exemption for Virgin America would be in the 

public interest and would not adversely affect safety, due to the fact that the drugs are very rarely 

used in-flight. 

Virgin America respectfully requests that the FAA, in considering this petition to amend the 

Exemption Order, take notice of all information included with the A4A Exemption Request in 

Regulatory Docket No. FAA-2013-0034. Virgin America's reasons for seeking the relief include 

the reasons outlined in the A4A petition: 

(1) Suppliers cannot provide EMKs stocked with the drugs when pharmaceutical 

manufacturers do not deliver product and have not supplied revised fulfillment dates. 

(2) Replacement supplies of these substances cannot be imported from foreign 

manufacturers. 

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(3) There is no accepted substitute for Atropine, and where substitutes for other drugs may 

exist, their supplies are no more dependable than the supplies for the required drugs. 

(4) These drugs are rarely used. 

(5) Due to the need to resupply and refurbish the supply ofEMKs with unexpired Atropine, 

Dextrose, Epinephrine, Lidocaine, carriers cannot adequately plan for such shortages, 

which in tum can disrupt service. 

Summary of Specific Relief Requested 

For the foregoing reasons, Virgin America requests the following specific relief: 

(1) That the FAA grant an amendment to Exemption No. 1 0690E relieving Virgin 

America from the requirement of 14 CFR § 121.803(c)(3) to the extent necessary to 

allow aircraft to be operated without meeting the requirements of Appendix A to part 

121 regarding emergency medical kit (EMK) required contents Atropine, Dextrose, 

Epinephrine and/or Lidocaine due to shortages of those drugs resulting from 

uncontrollable supply deficit; and, 

(2) That the FAA exercise its discretion not to enforce the regulations that are the subject 

ofthe relief requested herein until it acts on this exemption renewal request. 

Virgin America is requesting that the exemption be valid for the period March 16, 2016 to 

January 31, 2020. This is the same long term relief granted to other similarly situated carriers 

represented by A4A, RAA, and NACA. Virgin America is willing to accept the conditions 

placed on the exemption as outlined in the Exemption Order. 

Granting of the Exemption Amendment Would Be in the Public Interest 

Without the relief requested herein, it is not possible for Virgin America to comply with the 

requirement under 14 C.F.R. § 121 .803(c)(3) and part 121, Appendix A with respect to the 

carriage of on-board EMKs containing Atropine, Dextrose, Epinephrine and Lidocaine. As a 

consequence, unless the relief is granted, Virgin America would have no choice but to remove 

the aircraft from passenger-carrying operations pending procurement of the required 

pharmaceutical supplies. Grant of the relief requested herein would allow the continuation of 

uninterrupted, critical air service, and therefore, would be in the public interest. 

Granting the Exemption Amendment Would Not Adversely Affect Safety 

As explained in the Exemption Order, the usage of the EMK-required drugs at issue is extremely 

uncommon. As reported by the chief distributors of these drugs to airlines, in most cases the 

need for re-supply occurs chiefly because of expiration of the specified shelf-life, rather than 

administration to passengers. The case-by-case exemption from the EMK requirement for these 

drugs during acute shortages would not adversely affect the safety of the traveling public because 

they are used so infrequently. 

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Reasons for Exercising the Privileges of the Requested Exemption Outside the United States 

Virgin America will be required to exercise the privileges of the requested exemption outside the 

United States, given that its aircraft with onboard EMKs are routinely rotated between domestic 

and international passenger-carrying operations. While the International Civil Aviation 

Organization ("ICAO") recommends a medical kit equipped with "accessible and adequate 

medical supplies" for the type of international flights conducted by Virgin America, ICAO 

recommends, but does not require, that such medical kits contain Atropine, Dextrose and 

Epinephrine. As a result, the absence of these drugs in an EMK on an aircraft operating outside 

the U.S. would not violate ICAO requirements. 

As extending Exemption 1 0690E to Virgin America is not controversial and will not establish 

any precedent, Virgin America submits that good cause exists to waive publication of this 

petition in the Federal Register before the FAA acts on this request. Delaying action on this 

request would adversely affect Virgin America due to the imminent effect on operations that 

would be caused by possible shortages of Atropine, Dextrose, Epinephrine or Lidocaine. 

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Respectfully submitted, 

f ~ 'Ya4-y lf:'j!,. P~•<ro.J John Varley 

Senior Vice President & 

General Counsel