[Code of Federal Regulations]

[Title 14, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR77.37]



[Page 190]

 

                     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]