Section 2. Petition Processing

  1. ADMINISTRATIVE PROCESSING

Upon receiving a petition, the FAA will:

  1. Assign an OE case number to the petition composed of the 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; for example: 2024-AWA-11-OE.
  2. Evaluate petitions to determine if the petition meets the criteria in 14 CFR part 77.

NOTE-

Individuals evaluating petitions for validity must be familiar with the provisions of this order and exercise their best judgment as to the level of detail in the petition response.

  1. If the petition does not meet the criteria in 14 CFR part 77, notify the petitioner (or designated representative) in writing.
  2. If the petition meets the criteria in 14 CFR part 77, notify the sponsor, the petitioner (or designated representative), the OEG, and, if appropriate, the FCC, in writing, that the determination will not become final until disposition of the petition is complete.
  1. Distribute a copy of a valid petition and the associated determination to the following for their examination:
  1. Technical Operations, Spectrum Engineering Services Group/Spectrum Assignment and Engineering Team, AJW-1910.
  2. Technical Operations, NAS Policy and Quality Control Group, AJW-1800.
  3. Flight Technologies and Procedures Division, Flight Procedures and Airspace Group, Flight Procedures Standards Branch, AFS-420.
  4. Office of Airports Safety and Standards, Airport Engineering Division, AAS-100.
  5. Mission Support, Instrument Flight Procedures Group, AJV-A400.
  1. Coordination and consultation with the Office of the Chief Counsel (AGC) is required for high interest or controversial cases.
  2. While there are no regulatory time limits for completion of the response to a petition of discretionary review, make every effort to complete the examination or review within six months from receipt of a petition.
  1. RECOMMENDATIONS

The Rules and Regulations Group Manager must recommend to the Director of Mission Support, Policy, whether to grant or deny the review of the petition, and whether the review should include a public comment period. This recommendation is based upon the results of the examination of the petition and further coordination with the following:

  1. Technical Operations, Spectrum Engineering Services Group/Spectrum Assignment and Engineering Team, AJW-1910.
  2. Technical Operations, NAS Policy and Quality Control Group, AJW-1800.
  3. Flight Technologies and Procedures Division, Flight Procedures and Airspace Group, Flight Procedures Standards Branch, AFS-420.
  4. Office of Airports Safety and Standards, Airport Engineering Division, AAS-100.
  5. Mission Support, Instrument Flight Procedures Group, AJV-A400.
  6. Office of the Chief Counsel (as appropriate).
  1. DISTRIBUTION OF NOTICES TO GRANT DISCRETIONARY REVIEW

The Rules and Regulations Group will distribute the notice to grant discretionary review in writing to the petitioner, the sponsor (or designated representative), and, if appropriate, the FCC. At a minimum, the notice must include the following:

  1. a statement of the specific issues to be considered;
  2. the aeronautical study number;
  3. a description of the proposal's location and height;
  4. the obstruction standards exceeded;
  5. the date the comment period closes (no less than 45 days from issuance of the grant);
  6. where to send comments, if including a comment period; and
  7. OEPetitions@faa.gov for more information.
  1. OEG PARTICIPATION

When a discretionary review is granted, the Rules and Regulations Group must request the OEG submit written documentation verifying that the electronic case file is complete.

  1. DISCRETIONARY REVIEW

The Rules and Regulations Group will review the aeronautical study, the petition, current directives and orders, and comments received. This review may also include a public comment period with notice distributed to all known aviation-interested persons and groups.

  1. FINAL DECISION

Based on the review of all information, the Rules and Regulations Group must draft and coordinate a document for signature by the Director of Mission Support, Policy, that affirms, reverses, or revises the initial determination, or remands the case to OEG for termination, re-study, or other action as necessary.

  1. DISTRIBUTION OF DECISION

Copies of the final decision must be distributed by the Rules and Regulations Group to the petitioner(s), sponsor (or designated representative), OEG, FAA offices involved with the review, and if appropriate, FCC.