Section 7. Procedural Waivers

  1. PURPOSE

This section prescribes policies and guidelines for the processing of air traffic procedural waiver requests.

  1. POLICY
  1. The Director, Mission Support Services Policy (AJV-P) is the authority to grant or deny a waiver to air traffic procedures.
  2. Procedural waivers pertaining to separation minima require Air Traffic Safety Oversight Service (AOV) approval.

REFERENCE-

ATO-SG-15-05, Safety and Technical Training Guidance on Separation Minima.

  1. The grant of a procedural waiver constitutes relief from a specific requirement in an air traffic directive.
  1. RESPONSIBILITIES

The Air Traffic Manager (ATM) must ensure the facility adheres to the provisions outlined in the approved waiver, and that facility personnel are trained accordingly.

  1. WAIVER REQUESTS
  1. The ATM must communicate intent and garner support to pursue a new waiver from their operational chain of command, to include the following, as applicable:
  1. District General Manager
  2. Service Area Director
  3. Director, Operational Policy & Implementation (AJT-2)
  4. Director, AJV-P
  1. All required safety studies and safety documentation must be completed and approved prior to the request for a new waiver.
  2. New waiver requests must follow the process outlined in the AJV-P Waiver Checklist and must include a memorandum from the appropriate Service Area Director supporting the request. The processing time for a new waiver request package, once received by AJV-P, is normally 240 days. The AJV-P Waiver Checklist is available through the appropriate Service Center or may be obtained from the Standards and Procedures Group (AJV-P3) by submitting a request to: 9-AJV-P-HQ-Correspondence@faa.gov.
  1. DEVELOPMENT OF SAFETY DOCUMENTATION AND OTHER SAFETY STUDIES
  1. A new waiver request pertaining to separation minima requires a safety analysis (e.g., Flight Standards [AFS] study, Monte Carlo simulation) in addition to requiring a Safety Risk Management (SRM) document delineated in the ATO Safety Management System (SMS) Manual. The funding for such a study must be coordinated within the operational service unit. For additional assistance, please contact AJT.

REFERENCE-

ATO Safety Management System Manual, Annex A, Para 2.2, Documentation, Review, and Approval Process for Waivers to Separation Minima.

  1. The facility may seek assistance with the development of an SRM document, as needed, from the appropriate Service Center Quality Control Group (QCG).
  1. WAIVER RENEWAL PROCESSING
  1. The ATM must submit waiver renewals to AJV-P via their operational chain of command, to include the District General Manager, appropriate Service Area Director, and the Director Operational Policy & Implementation (AJT-2). Waiver renewal packages must be received by AJV-P at least 180 days prior to a waiver's expiration date.
  2. When submitting a waiver renewal request, review the current SRM document to determine whether any updates are necessary. Specific requirements pertaining to Post-SRM Monitoring and Revising an SRM Document are outlined in the ATO SMS Manual.
  3. Before submitting a waiver renewal request, ensure the following:
  1. Monitoring information pertaining to the existing waiver is reflected in the Safety Management Tracking System (SMTS), as outlined in the ATO SMS Manual.
  2. A statement of monitoring activities must be included in the facility memorandum request.

REFERENCE-

Safety Management Systems Manual, Para 4.2, Developing the Monitoring Plan.
Safety Management Systems Manual, Para 4.3, Post-SRM Monitoring.
Safety Management Systems Manual, Para 5.7, Revising an SRM Document.

  1. Requests for waiver renewals must be processed in accordance with the AJV-P Waiver Checklist.
  2. The AJV-P Waiver Checklist is available through the appropriate Service Center or may be obtained from the Standards and Procedures Group (AJV-P3) by submitting a request to: 9-AJV-P-HQ-Correspondence@faa.gov.
  1. PERIODICITY OF WAIVER RENEWALS

Existing waivers to air traffic procedures that, upon review, are deemed necessary for the continued efficiency and safety of the NAS must adhere to the following renewal timelines:

  1. Waivers in existence for 1 to 10 years must undergo the renewal process every 2 years.
  2. Waivers in existence for 11 to 19 years must undergo the renewal process every 3 years.
  3. Waivers 20 years or older must undergo the waiver renewal process every 5 years.
  1. WAIVER APPROVAL PROCESS

The Policy Directorate must coordinate all waiver approvals with appropriate headquarters organizations based on the nature of the waiver request. If there is a need to coordinate with a field facility, the Policy Directorate must do so through the appropriate Service Center.