Chapter 9. Discretionary Review Process
Section 1. General
The Director of
Mission Support, Airspace Services is delegated the authority to:
a. Grant or
deny a petition for discretionary review;
b. Decide the
procedural basis upon which a review will be made;
revise, or reverse a determination issued in accordance with Part 77,
section 77.31 or 77.35; and
d. Remand the
case to OEG for termination, re-study or other action as necessary.
a. Any written
communication that contains an objection to a determination issued under
Part 77, sections 77.31 or 77.35, and which may be considered a petition
under section 77.37, must be treated as a petition.
b. Any FAA
office receiving a petition for discretionary review must immediately
forward the document to the Airspace Regulations and ATC Procedures Group.
c. If a
petition regarding a “Determination of No Hazard" is received toward the end
of the 30-day petition-filing period, the receiving office must notify the
Airspace Regulations and ATC Procedures Group as soon as possible.
d. The OEG
must assist, as requested, and provide information in a timely manner.
Upon receipt of a
petition, jurisdiction of the case immediately transfers to the Airspace
Regulations and ATC Procedures Group, and any further coordination with the
petitioner, the sponsor, or designated representative must be conducted by
the Airspace Regulations and ATC Procedures Group.