Chapter 9. Discretionary Review Process

Section 1. General

9-1-1. AUTHORITY

The Director of Mission Support, Policy is delegated the authority to:

  1. Grant or deny a petition for discretionary review;
  2. Decide the procedural basis upon which a review will be made;
  3. Affirm, revise, or reverse a determination issued in accordance with 14 CFR part 77, §§ 77.31 or 77.35; ­and
  4. Remand the case to OEG for termination, re-study or other action as necessary.

9-1-2. OEG RESPONSIBILITY

  1. Any written communication that contains an objection to a determination issued under part77, § 77.31 or ­77.35, and which may be considered a petition under § 77.37, must be treated as a petition.
  2. Any FAA office receiving a petition for discretionary review must immediately forward the document to ­the Rules and Regulations Group.
  3. If a petition regarding a “Determination of No Hazard” or a “Determination of Hazard” is received toward ­the end of the 30-day petition-filing period, the receiving office must notify the Rules and Regulations Group, ­as soon as possible.
  4. 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 Rules and Regulations Group, ­and any further coordination with the petitioner, the sponsor, or designated representative must be conducted ­by the Rules and Regulations Group.