|Date of Interpretation||Applicable 7110.65 Sections|
This is in response to a request for interpretation submitted by the Eastern Service Area on behalf of New York Air Route Traffic Control Center (ZNY) regarding the application of vertical separation.
If a controller uses the observed leaving rule (5-5-5 b.) to assign an altitude and there is a violation of the wake turbulence minima as specified in paragraph 5-5-4 e.?
Paragraph 5-5-5 is independent of paragraph 5-5-4 and in the en route domain; controllers should apply 5-5-5 b. as written. The notes following paragraph 5-5-5 b. emphasize good judgment be applied to each individual situation based on varied factors.
Additionally, Chapter 6. Nonradar, Section 6. Vertical Separation contains a similar procedure with advisory notes as in 5-5-5b. Air traffic control has safely applied the provisions of these paragraphs for decades without any reference to wake turbulence.