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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