Section 2. Petition Processing


Upon receiving a petition, the FAA will:

  1. 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.
  2. If the petition does not meet the criteria in Part 77, notify the petitioner in writing.
  3. 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.
  4. 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.
  5. Coordination and consultation with the Office of the Chief Counsel (AGC) is required for high interest or controversial cases.
  6. 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.

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 Rules and Regulations Group must recommend to the Director of Mission Support, Policy whether to grant or deny the review, and whether the review should include a public comment period.


The Rules and Regulations 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.


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.


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


Copies of the final decision must be distributed by the Rules and Regulations Group to the petitioner(s), sponsor (or designated representative), interested parties of record, OEG, and FCC, if appropriate.