CFR > Title 14 - Aeronautics and Space > CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > SUBCHAPTER E—AIRSPACE (parts 71 to 77) > PART 77—OBJECTS AFFECTING NAVIGABLE AIRSPACE (Eff. until 1-18-11) > SUBPART D—Aeronautical Studies of Effect of Proposed Construction on Navigable Airspace (§77.31 to §77.29) > 77.37—Discretionary review.

77.37—Discretionary review.

(a) The sponsor of any proposed construction or alteration or any person who stated a substantial aeronautical objection to it in an aeronautical study, or any person who has a substantial aeronautical objection to it but was not given an opportunity to state it, may petition the Administrator, within 30 days after issuance of the determination under § 77.19 or § 77.35 or revision or extension of the determination under § 77.39(c), for a review of the determination, revision, or extension. This paragraph does not apply to any acknowledgment issued under § 77.19(c)(1).
(b) The petition must be in triplicate and contain a full statement of the basis upon which it is made.
(c) The Administrator examines each petition and decides whether a review will be made and, if so, whether it will be:
(1) A review on the basis of written materials, including study of a report by the Regional Manager, Air Traffic Division of the aeronautical study, briefs, and related submissions by any interested party, and other relevant facts, with the Administrator affirming, revising, or reversing the determination issued under § 77.19, § 77.35 or § 77.39(c); or
(2) A review on the basis of a public hearing, conducted in accordance with the procedures prescribed in subpart E of this part.

Code of Federal Regulations

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-3, 32 FR 6970, May 6, 1967; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]

Code of Federal Regulations

Effective Date Note: By Amdt. 77-13, 75 FR 42303, July 21, 2010, part 77 was revised, effective Jan. 18, 2011. For the convenience of the user, the revised text is set forth as follows: PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE (Eff. 1-18-11) § 77.37 General. (a) If you are the sponsor, provided a substantive aeronautical comment on a proposal in an aeronautical study, or have a substantive aeronautical comment on the proposal but were not given an opportunity to state it, you may petition the FAA for a discretionary review of a determination, revision, or extension of a determination issued by the FAA. (b) You may not file a petition for discretionary review for a Determination of No Hazard that is issued for a temporary structure, marking and lighting recommendation, or when a proposed structure or alteration does not exceed obstruction standards contained in subpart C of this part.