Chapter 9. Discretionary Review Process

Section 1. General

9-1-1. AUTHORITY

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;

c. Affirm, 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.

9-1-2. OEG RESPONSIBILITY

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.

9-1-3. JURISDICTION

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.