AFS-16-10115-E

April 28, 2018

 Exemption No. 10690G

 Regulatory Docket No. FAA-2013-0034

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 petition for a limited exemption from 

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

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

Appendix A to part 121. It explains the basis for our decision, describes its effect, and lists 

the conditions and limitations.

The Basis for Our Decision

By letter dated March 7, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Virgin America, Inc. (Virgin America) for a limited exemption from 14 CFR 

§121.803(c)(3) which requires airplanes with seating capacity of more than nine passengers to 

carry an EMK with contents as specified in Appendix A to Part 121. The FAA has previously 

issued Grants of Exemption regarding similar relief (Exemption No. 10690E, issued January 

31, 2016 and Exemption No. 10690F, issued March 18, 2016).

As of the date of the grants of exemption, Exemption No. 10690E and Exemption No. 10690F

allow the members and associate members of Airlines for America, the National Air Carrier

Association, and the Regional Airline Association, as well as certain additional air carriers, an

exemption for use during periods of temporary supply shortages, beyond operator control, 

affecting availability of injectable drugs Atropine, Dextrose, Epinephrine and/or Lidocaine, as 

required in Appendix A to part 121.
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In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to Virgin America.

Our Decision

As previously noted, Exemption No. 10690E, as amended, was granted to the members and 

associate members of Airlines for America, the National Air Carrier Association, and the 

Regional Airline Association, as listed in Attachment 1 of the Grant of Exemption. Any new 

or additional members of these associations or other air carriers operating under the provisions 

of part 121 must petition the FAA separately to be able to exercise similar relief as that 

provided by Exemption No. 10690E, as amended. Air carriers may only exercise similar 

relief when they are listed in Attachment 1 to Exemption No. 10690E, as amended.

As additional air carriers are granted similar relief, they will be added to the list in 

Attachment 1 and the exemption number will be amended with a new sequential alpha 

designator to indicate that the list of air carriers granted similar relief in Attachment 1 has 

been amended.

The FAA has determined that the justification for the issuance of Exemption No. 10690E, as 

amended, remains valid with respect to this exemption and is in the public interest. Therefore, 

under the authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the 

FAA Administrator has delegated to me, Virgin America, Inc. is granted similar relief as that 

contained in Exemption No. 10690E, as amended, 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, when 

EMK suppliers and/or refurbishers are unable to obtain and supply Atropine, Dextrose, 

Epinephrine and/or Lidocaine, subject to the following conditions and limitations.

Virgin America has been added to the list in Attachment 1 to this Grant of Exemption and the 

exemption number has been amended to Exemption No. 10690G, as amended, to reflect the 

amendment to the list of air carriers able to exercise the relief provided by this Grant of 

Exemption.

Conditions and Limitations

1. A copy of this exemption must be carried on board each aircraft operating with an 

emergency medical kit (EMK) that does not include Atropine, Dextrose, Epinephrine 

and/or Lidocaine as required by Appendix A to part 121. 

2. As part of the requirement under § 119.43(c) to keep each of its employees and other 

persons used in its operation informed of the provisions of its operations specifications 
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that apply to that employee’s or person’s duties and responsibilities, the certificate 

holders must inform crewmembers that an emergency medical kit on board that 

aircraft may not contain Atropine, Dextrose, Epinephrine and/or Lidocaine. 

3. Should the supply of Atropine, Dextrose, Epinephrine and/or Lidocaine become 

available to EMK suppliers and/or refurbishers, exemption holders must refurbish the 

EMK with the missing drug(s) at the next scheduled refurbishment date.

4. This exemption may be used for flights conducted outside of the United States. 

Exemption Nos. 10690E through 10690G, as amended, remain active and terminate on 

January 31, 2020, unless sooner superseded or rescinded. 

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards
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Attachment 1

The relief provided by Exemption No. 10690G is limited to the air carriers listed below:

Airlines for America

Alaska Airlines

American Airlines

Atlas Air, Inc.

Hawaiian Airlines, Inc.

JetBlue Airways Corp.

Southwest Airlines Co.

United Airlines, Inc.

Air Canada (Associate Member)

National Air Carrier Association

Air Transport International

Allegiant Air

Atlas Air, Inc.

Eastern Airlines

Everts Air Cargo

Kalitta Air

Lyndon Air Cargo

Miami Air International

National Airlines

National Air Cargo

Northern Air Cargo

Omni Air International

Southern Air

Spirit Airlines

Sun Country Airlines

USA Jet Airlines

Western Global

Regional Airline Association

Air Wisconsin Airlines Corp.

Cape Air

CommutAir

Compass Airlines

Empire Air

Endeavor Airlines

Envoy

ExpressJet Airlines

GoJet Airlines

Grand Canyon Airlines/Scenic
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Great Lakes Aviation

Hawaii Island Air

Horizon Air

Jazz Air

Mesa Airlines

New England Airlines

Piedmont Airlines

PSA Airways

RAVN Alaska

Republic Airlines

Seaborne Airlines

Shuttle America

Silver Airways

SkyWest Airlines

Surf Air

Trans States Airlines

Additional Air Carriers

Delta Air Lines, Inc.

Virgin America, Inc.