Chapter 9. Discretionary Review Process
Section 1. General
9-1-1. AUTHORITY
The Director of System Operations Airspace and
AIM 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;
c. Affirm, revise, or reverse a determination issued
in accordance with Part 77, section 77.19, 77.35, or
77.39c; and
d. Remand the case to OES for termination,
re-study or other action as necessary.
9-1-2. OES RESPONSIBILITY
a. Any written communication that contains an
objection to a determination issued under part 77,
sections 77.19, 77.35, or 77.39, 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 and Rules 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 shall
notify the Airspace and Rules Group as soon as
possible.
d. The OES shall assist, as requested, and provide
information in a timely manner.
9-1-3. JURISDICTION
Upon receipt of a petition, jurisdiction of the case
immediately transfers from the issuing office to the
Airspace and Rules Group and any further
coordination with the petitioner, the sponsor, and/or
the respective representative(s) shall be conducted
by the Airspace and Rules Group.
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