AFS

- 16

- 10115

- E April 28, 2018

Exemption No. 10690 G

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 w e 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 p art 121. It explains the basis for our decision , desc ribes its effect, and lists

the conditions and limitations.

The Basis for Our Decision

By letter dated March 7 , 2016 , you petit ioned the Federal A viation 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. Th e FAA has previously

issued Grant s 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 grant s 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

, a n

exemption for use duri ng 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 121.2

In your petition, you indicate that there has been no cha nge 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 t o Virgin America

.

Our Decision

As previously noted

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

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

Regional Airline Association, a s 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

pro vided by Exemption No. 10690E , as amended

. A ir 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

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

designator to indicate that the list of air carriers granted similar r elief 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 provide d by 49 U.S.C. §§ 106( f ), 40113 and 44701, which the

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

contained in Exemption No. 10690 E , as amended, to the extent necessary to allow aircraft to

be operated witho ut 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,

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

Virgin America has been added to th e list in Attachment 1 to this Grant of E xemption and the

e xemption number has been amended to Exemption No. 10690 G , as amended, to reflect th e

amendment to the list of air carriers able to exerci se the relief provided by this G rant o f

E xemption.

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 operatio ns specifications3

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 b e used for flights conducted outside of the United States.

Exemption No s

. 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 Standards4

Attachment 1

The relief provided by Ex emption No. 10690 G 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 Internation al

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/Scenic5

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

Tra ns States Airlines

Additional Air Carriers

Delta Air Lines, Inc.

Virgin America, Inc.