Section 2. Petition Processing
9-2-1. ADMINISTRATIVE PROCESSING
Upon receiving a
petition, the FAA will:
a. Assign
an OE case number to the petition composed of the last two digits of the
calendar year in which the assignment is made, the symbol “AWA" to
indicate Washington headquarters, the symbol “OE" to indicate
obstruction evaluation, and a serial number. Serial numbers run
consecutively within each calendar year.
b. If the
petition does not meet the criteria in part 77, notify the petitioner in
writing.
c. If the
petition meets the criteria in part 77, notify the sponsor, the
petitioner (or designated representative), the OEG, and, if appropriate,
the FCC that the determination is not and will not become final pending
disposition of the petition.
d. Distribute
a copy of a valid petition and the associated determination to the
Spectrum Assignment and Engineering Services, NAS Support Group, Flight
Procedures Standards Branch, AFS-420, Airport Engineering Division,
AAS-100; and the Terminal Procedures and Charting Group for their
examination.
e. Coordination
and consultation with the Office of the Chief Counsel (AGC) is required
for high interest or controversial cases.
f. There
are no regulatory time frames for completion of the response to a
petition of discretionary review. However, every effort should be made
to complete the examination, or review, within six months of receipt of
the petition.
9-2-2. RECOMMENDATIONS
Based upon the
results of the examination of the petition and further coordination with
Spectrum Assignment and Engineering Services, AFS-420, AAS-100, Terminal
Procedures and Charting Group, and, as appropriate, AGC, the Airspace
Regulations and ATC Procedures Group must recommend to the Director of
Mission Support, Airspace Services whether to grant or deny the review,
and whether the review should include a public comment period.
9-2-3. DISTRIBUTION OF NOTICES TO GRANT DISCRETIONARY REVIEW
The Airspace
Regulations and ATC Procedures Group will distribute the notice to grant
discretionary review in writing to the petitioner, the sponsor (or
designated representative), interested parties of record, and the FCC,
if appropriate. The notice will include, but is not limited to: a
statement of the specific issues to be considered; the aeronautical
study number; a description of the proposal's location and height; the
obstruction standards that are exceeded; the date the comment period
closes (no less than 45 days from issuance of the grant); where to send
comments; and a person to contact for more information.
9-2-4. OEG
PARTICIPATION
When a
discretionary review is granted, the Airspace Regulations and ATC
Procedures Group must request the OEG submit
written documentation verifying that the
electronic case file is complete.
9-2-5. FINAL
DECISION
Based on the
review of the aeronautical study, the petition, current directives and
orders, and comments received, the Airspace Regulations and ATC
Procedures Group must draft and coordinate a document for the Director
of Mission Support, Airspace Services signature that affirms, reverses,
or revises the initial determination, or remands the case to OEG for
termination, re-study or other action as necessary.
9-2-6. DISTRIBUTION OF DECISION
Copies of the
final decision must be distributed by the Airspace Regulations and ATC
Procedures Group to the petitioner(s), sponsor (or designated
representative), interested parties of record, OEG, and FCC, if
appropriate.
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