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14 CFR Ch. I (1–1–14 Edition)
Pt. 65, SFAR No. 103
a. We consider your request to be filed in a
timely manner under this SFAR if your offi-
cial chain-of-command receives it or it is
postmarked:
i. After 12 a.m. on the first day of the
twelfth month before the month in which
you turn 56; and
ii. Before 12 a.m. of the first day of the
sixth month before the month in which you
turn 56.
b. If you file your request by mail and the
postmark is not legible, we will consider it
to comply with paragraph a.2 of this section
if we receive it by 12 p.m. of the fifth day of
the sixth month before the month in which
you turn 56.
c. If the last day of the time period speci-
fied in paragraph a.2 or paragraph b falls on
a Saturday, Sunday, or Federal holiday, we
will consider the time period to end at 12
p.m. of the next business day.
5.
Where must I file my request for waiver and
what must it include?
a. You must file your request for waiver of
mandatory separation in writing with the
Air Traffic Manager in flight service sta-
tions, enroute facilities, terminal facilities,
or the David J. Hurley Air Traffic Control
System Command Center in which you are
employed.
b. Your request for waiver must include all
of the following:
i. Your name.
ii. Your current facility.
iii. Your starting date at the facility.
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. [Reserved]
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.
6.
How will my waiver request be reviewed?
a. Upon receipt of your request for waiver,
the Air Traffic Manager of your facility will
make a written recommendation that the
Administrator either approve or deny your
request. If the manager recommends ap-
proval of your request, he or she will certify
in writing the accuracy of the information
you provided as evidence of your exceptional
skills and experience as a controller.
b. The Air Traffic Manager will then for-
ward the written recommendation with a
copy of your request to the senior executive
manager in the Air Traffic Manager’s re-
gional chain-of-command.
c. The senior executive manager in the re-
gional chain-of-command will make a writ-
ten recommendation that the Administrator
either approve or deny your request. If the
senior executive manager recommends ap-
proval of your request, he or she will certify
in writing the accuracy of the information
you have provided as evidence of exceptional
skills and experience.
d. The senior executive manager in the re-
gional chain-of-command will then forward
his or her recommendation with a copy of
your request to the appropriate Vice Presi-
dent at FAA Headquarters. Depending on the
facility in which you are employed, the re-
quest will be forwarded to either the Vice
President for Flight Services, the Vice Presi-
dent for Enroute and Oceanic Services, the
Vice President for Terminal Services or the
Vice President for Systems Operations. For
example, if you work at a flight service sta-
tion at the time that you request a waiver,
the request will be forwarded to the Vice
President for Flight Services.
e. The appropriate Vice President will re-
view your request and make a written rec-
ommendation that the Administrator either
approve or deny your request, which will be
forwarded to the Administrator.
f. The Administrator will issue the final
decision on your request.
7.
If I am granted a waiver, when will it ex-
pire?
a. Waivers will be granted for a period of
one year.
b. No later than 90-days prior to expiration
of a waiver, you may request that the waiver
be extended using the same process identi-
fied in section 6.
c. If you timely request an extension of the
waiver and it is denied, you will receive a 60-
day advance notice of your separation date
simultaneously with notification of the de-
nial.
d. If you do not request an extension of the
waiver granted, you will receive a 60-day ad-
vance notice of your separation date.
e. Action to separate you from your cov-
ered position becomes effective on the last
day of the month in which the 60-day notice
expires.
8.
Under what circumstances may my waiver
be terminated?
a. The FAA/DOT may terminate your waiv-
er under the following circumstances:
i. The needs of the FAA; or
ii. If you are identified as a primary con-
tributor to an operational error/deviation or
runway incursion.
b. If the waiver is terminated for either of
the reasons identified in paragraph 1 of this
section, the air traffic control specialist will
receive a 60-day advance notice.
c. Action to separate you from your cov-
ered position becomes effective on the last
day of the month in which the 60-day notice
expires.
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