[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Rules and Regulations]
[Pages 10607-10608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1951]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 65

[Docket No. FAA-2004-17334; SFAR No. 103]
RIN 2120-AI18


Process for Requesting Waiver of Mandatory Separation Age for 
Certain Federal Aviation Administration (FAA) Air Traffic Control 
Specialists

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; disposition of comments.

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SUMMARY: On January 7, 2005, the FAA published Special Federal Aviation 
Regulation No. 103 establishing the procedures and some standards by 
which an air traffic controller in a flight service station, enroute or 
terminal facility, or at the David J. Hurley Air Traffic Control System 
Command Center may request a waiver of the mandatory separation age. 
The FAA requested comments on the SFAR. This action confirms that SFAR 
No. 103 remains in effect as adopted and disposes of the comments.

ADDRESSES: You can view the complete document for the final rule by 
going to http://dms.dot.gov. You can also go to Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Wanda Reyna, ATO Workforce Services 
(ATO-A) Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone (202) 267-3056.

SUPPLEMENTARY INFORMATION:

Background

    Section 8335(a) of Title 5 of the United States Code mandates that 
the Secretary of Transportation, under regulations as he may prescribe, 
may exempt a controller having exceptional skills and experience as a 
controller from the automatic separation provisions or mandatory 
separation provisions of the statute until that controller becomes 61 
years of age. The Transportation, Treasury, and Independent Agencies 
Appropriations Act for fiscal year 2004, H.R. 2673, 108th Cong. (2004) 
directed the Secretary to issue a regulation establishing the 
procedures by which an air traffic control specialist may request a 
waiver of the mandatory separation

[[Page 10608]]

age. The FAA accordingly amended 14 CFR part 65 to add Special Federal 
Aviation Regulation (SFAR) No. 103 (70 FR 1634), effective January 7, 
2005, and requested public comments by February 7, 2005.

Discussion of Comments

    The docket received comments from 16 individuals. Many of the 
commenters essentially took issue with the ``exceptional skills and 
experience'' standard that will be used by the Administrator of the FAA 
to grant an exception. Congress established this standard in 5 U.S.C. 
8835(a). This rule implements the process by which the Congressionally 
mandated standard will be applied.
    Some commenters also expressed concern over the information FAA 
will rely upon to make the determination, as well as the lack of a 
mental or medical evaluation. The FAA has carefully tailored this rule 
to include the most relevant and necessary information for making the 
determination of whether a controller possesses the requisite 
exceptional skills and experience. Any controller granted a waiver will 
still have to meet the rigorous medical standards for air traffic 
controllers, including passing the annual air traffic controller 
physical examination.
    A few commenters raised the question of whether allowing 
controllers to work past mandatory retirement will compromise safety. 
Congress, in effect, addressed this issue when it limited the 
eligibility for a waiver to controllers with exceptional skills and 
experience. The FAA will use the procedures in this rule, including 
review of all requests by the Air Traffic Manager and the senior 
executive manager in the Air Traffic Manager's regional chain of 
command, to assure that safety is not compromised.
    Finally, some commenters were concerned with the fact that there is 
no right to appeal the denial or revocation of a waiver. While every 
applicant will be given full and due consideration, denial or 
revocation falls solely within the discretion of the Administrator. 
Accordingly, there is no right to appeal or grieve a denial or 
termination of an exemption.

Conclusion

    After consideration of all comments submitted in response to the 
final rule, the FAA has determined that no further rulemaking action is 
necessary. Therefore, SFAR No. 103 remains in effect as adopted.

    Issued in Washington, DC, on February 23, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. 06-1951 Filed 3-1-06; 8:45 am]
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