[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR77.37]

[Page 166]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 77_OBJECTS AFFECTING NAVIGABLE AIRSPACE--Table of Contents
 
  Subpart D_Aeronautical Studies of Effect of Proposed Construction on 
                           Navigable Airspace
 
Sec.  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 Sec.  77.19 or Sec.  77.35 or revision or extension 
of the determination under Sec.  77.39(c), for a review of the 
determination, revision, or extension. This paragraph does not apply to 
any acknowledgment issued under Sec.  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 Sec.  77.19, Sec.  77.35 or 
Sec.  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.

[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]