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38.5.1.1 The flight is conducted by a non.RVSM DOD, Lifeguard, certification/development or for-eign State (government) aircraft in accordance with paragraph 38.10, Procedures for Accommodation of Non.RVSM Aircraft.
38.5.1.2 The pilot intends to climb to or descend from FL 430 or above in accordance with paragraph 38.11, Non.RVSM Aircraft Requesting Climb to and Descent from Flight Levels Above RVSM Airspace Without Intermediate Level Off.
38.5.1.3 An emergency situation exists.
38.5.2 Basic RVSM Operating Practices and Procedures. Appendix 4 of Guidance 91.RVSM contains pilot practices and procedures for RVSM. Operators must incorporate Appendix 4 practices and procedures, as supplemented by the applicable paragraphs of this section, into operator training or pilot knowledge programs and operator documents containing RVSM operational policies. Guid-ance 91.RVSM is published on the RVSM Docu-mentation Webpage under “Documents Applicable to All RVSM Approvals.”
38.5.3 Appendix 4 contains practices and proce-dures for flight planning, preflight procedures at the aircraft, procedures prior to RVSM airspace entry, inflight (en route) procedures, contingency proce-dures and post flight.
38.5.4 The following paragraphs either clarify or supplement Appendix 4 practices and procedures.
38.6 Guidance on Severe Turbulence and Moun-tain Wave Activity (MWA)
38.6.1 Introduction/Explanation
38.6.1.1 The information and practices in this paragraph are provided to emphasize to pilots and controllers the importance of taking appropriate action in RVSM airspace when aircraft experience severe turbulence and/or MWA that is of sufficient magnitude to significantly affect altitude.keeping.
38.6.1.2 Severe Turbulence. Severe turbulence causes large, abrupt changes in altitude and/or attitude usually accompanied by large variations in indicated airspeed. Aircraft may be momentarily out of control. Encounters with severe turbulence must be remedied immediately in any phase of flight. Severe turbulence may be associated with MWA.
38.6.1.3 Mountain Wave Activity (MWA)
 a) Significant MWA occurs both below and above the floor of RVSM airspace, FL 290. MWA often occurs in western states in the vicinity of mountain ranges. It may occur when strong winds blow perpendicular to mountain ranges resulting in up and down or wave motions in the atmosphere. Wave action can produce altitude excursions and airspeed fluctuations accompanied by only light turbulence. With sufficient amplitude, however, wave action can induce altitude and airspeed fluctuations accompa-nied by severe turbulence. MWA is difficult to forecast and can be highly localized and short lived.
 b) Wave activity is not necessarily limited to the vicinity of mountain ranges. Pilots experiencing wave activity anywhere that significantly affects altitude.keeping can follow the guidance provided below.
 c) Inflight MWA Indicators (Including Turbu-lence). Indicators that the aircraft is being subjected to MWA are:
 1) Altitude excursions and/or airspeed fluctua-tions with or without associated turbulence.
 2) Pitch and trim changes required to maintain altitude with accompanying airspeed fluctuations.
 3) Light to severe turbulence depending on the magnitude of the MWA.

38.6.1.4 Priority for Controller Application of Merging Target Procedures
   a) Explanation of Merging Target Procedu-res. As described in subparagraph 38.6.3.3 below, ATC will use “merging target procedures” to mitigate the effects of both severe turbulence and MWA. The procedures in subparagraph 38.6.3.3 have been adapted from existing procedures published in FAA Order 7110.65, Air Traffic Control, paragraph 5.1.8, Merging Target Procedures. Paragraph 5.1.8 calls for en route controllers to advise pilots of potential traffic that they perceive may fly directly above or below his/her aircraft at minimum vertical separa-tion. In response, pilots are given the option of requesting a radar vector to ensure their radar target will not merge or overlap with the traffic’s radar target.
 b) The provision of “merging target procedures” to mitigate the effects of severe turbulence and/or MWA is not optional for the controller, but rather is a priority responsibility. Pilot requests for vectors for traffic avoidance when encountering MWA or pilot reports of “Unable RVSM due turbulence or MWA” are considered first priority aircraft separation and sequencing responsibilities. (FAA Order 7110.65, paragraph 2.1.2, Duty Priority, states that the controller’s first priority is to separate aircraft and issue safety alerts).
 c) Explanation of the term “traffic permit-ting.” The contingency actions for MWA and severe turbulence detailed in paragraph 38.9, Contingency Actions: Weather Encounters and Aircraft System Failures, state that the controller will “vector aircraft to avoid merging targets with traffic at adjacent flight levels, traffic permitting.” The term “traffic permit-ting” is not intended to imply that merging target procedures are not a priority duty. The term is intended to recognize that, as stated in FAA Order 7110.65, paragraph 2.1.2, Duty Priority, there are circumstances when the controller is required to perform more than one action and must “exercise their best judgment based on the facts and circumstances known to them” to prioritize their actions. Further direction given is: “That action which is most critical from a safety standpoint is performed first.”
　
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