U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

ORDER
JO 7400.2H
Effective Date:
March 10, 2011
 
     

Subject:  Procedures for Handling Airspace Matters

Includes: Change 1, effective August 25, 2011

 

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 shall 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 shall request the OEG submit a written summary report and recommendation in accordance with Section 77.41. The summary report and recommendation shall include, but is not limited, to the following:

a. The original or certified true copy of the aeronautical study case file.

b. A narrative summary of the aeronautical study including:

1. A full description of height and location of the structure/project.

2. The obstruction standards exceeded and to what extent.

3. Adverse affects, as described in paragraph 6-3-3 of this order.

4. Summary of comments.

5. Summary of discussions conducted with sponsor.

6. Any other necessary information.

c. A recommendation as to the disposition of the petition (e.g., to affirm, revise, or reverse the determination).

d. Verify, if appropriate, the following documents have been entered into the case file:

1. FAA Form 7460-1 or other form notice.

2. Copies of all correspondence sent to the sponsor.

3. Public notice of the aeronautical study.

4. Comments received as a result of circularization for public comment.

5. Notification of informal meetings.

6. Summary of informal meetings.

7. Letters of agreement.

8. Operations letters.

9. Any other pertinent information.

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 shall 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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