AFS-10-126-E 

 Exemption No. 10097 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

FEDERAL AVIATION 

ADMINISTRATION Regulatory Docket No. FAA-2010-0010 

for an exemption from 

Special Federal Aviation Regulation 

103(5)(b)(vii) of Title 14, Code of 

Federal Regulations 

 

 

 

GRANT OF EXEMPTION 

 By letter dated January 5, 2010, Patricia L. Garrambone, Director of the Administration 

and Talent Management Branch of the Air Traffic Organization, Federal Aviation 

Administration (FAA), 800 Independence Avenue, SW., Washington, DC 20591 petitioned 

for an exemption from Special Federal Aviation Regulation (SFAR) 103-Process for 

Requesting Waiver of Mandatory Separation Age for a Federal Aviation Administration Air 

Traffic Control Specialist In Flight Service Stations, Enroute or Terminal Facilities, and the 

David J. Hurley Air Traffic Control System Command Center of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would allow applicants 

requesting a waiver to forgo the inclusion of a statement indentifying any operational error, 

operational deviations or runway incursion in the last 5 years. 

The petitioner requests relief from the following regulation:

Special Federal Aviation Regulation (SFAR) No. 103(5)(b) states: 

 Your request for waiver must include all of the following: 

i. Your name. 

ii. Your current facility. 

iii. Your starting date at the facility. 
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iv. A list of positions at the facility that you are certified in and how 

many hours it took to achieve certification at the facility. 

v. Your area of specialty at the facility. 

vi. Your shift schedule. 

vii. Your statement that you have not been involved in an operational 

error, operational deviation or runway incursion in the last 5 years 

while working a control position; 

viii. A list of all facilities where you have worked as a certified 

professional controller (CPC) including facility level and dates at 

each facility; 

ix. Evidence of your exceptional skills and experience as a controller; 

and 

x. Your signature. 

The petitioner supports its request with the following information:

The petitioner requests relief from SFAR 103(5)(b)(vii) to forgo the inclusion of a 

statement indentifying any operational error (OE), operational deviations (OD) or 

runway incursion in the last 5 years while working a control position for ATCSs 

reaching the age of 56 through December 31, 2011. 

The petitioner states that this requirement is inconsistent with current air traffic orders 

and policy developed specifically to foster a culture that encourages full and open 

reporting of safety information and focuses on determining why events occur, rather 

than placing blame. 

 

The petitioner contends that exempting ATCSs from this portion as the regulation will 

have no negative affect on public safety because the remaining requirements of SFAR 

103 require evidence of the ATCS’s exceptional skills and experience, along with other 

relevant employment information. 

 A summary of the petition was published in the Federal Register on March 3, 2010 

(75 FR 9636). No comments were received. 

The FAA's analysis is as follows:

The FAA has considered the petitioner’s request and finds that a grant of exemption is in the 

public interest and would provide a level of safety equivalent to the current regulations. The 

public interest is served by facilitating the process for ATCS to seek a waiver of the 

mandatory separation age and provides the opportunity to extend the current workforce and 

retain experienced ATCS. 
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The FAA finds merit in the petitioner’s arguments. FAA policy is to foster a culture that 

encourages full and open reporting of safety information and focus on determining why events 

occur and how to prevent reoccurrence,. Under the guidance specified in FAA Order JO 

7210.56C, the FAA does not collect information such as employee identification, training 

record entries, performance manage, and return-to-duty actions with respect to reported OE 

and OD events. Consequently, an ATCS seeking a waiver from the mandatory separation age 

is unable to meet the requirements of SFAR 103(5)(b)(vii). 

The FAA finds that granting this exemption from SFAR 103(5)(b)(vii) will not result in a 

negative effect on public safety since the remaining waiver requirements are still required. 

The FAA notes that on June 2, 2010, the agency issued a notice of proposed rulemaking 

(NPRM) to streamline the waiver process in SFAR 103 and bring it into conformance with 

current FAA policy on OE and OD reporting policy. The NPRM comment period closed on 

July 2, 2010. To date, there have been two comments submitted to the docket, one in support 

of the proposed rule and one unrelated to the proposed change 

The FAA finds that a grant of exemption is not intended to pre-judge the rulemaking action 

but to provide limited relief to ATCSs seeking a waiver because such information is currently 

unverifiable. 

The FAA’s Decision 

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. § 40109 delegated to me by the 

Administrator, Federal Aviation Administration is granted an exemption from SFAR 103 to 

the extent necessary to forego the inclusion of a statement indentifying any operational errors, 

operational deviations or runway incursions in the last 5 years while working a control 

position for Air Traffic Controllers Specialists reaching the age of 56 through 

December 31, 2011. 

This exemption terminates on the day the final rule is adopted or on December 31, 2011, 

which ever is earliest. 

Issued in Washington, DC, on Jul 15, 2010 . 

/s/ 

Elizabeth Ray 

Director, Airspace and Aeronautical Information Management