Section 77.37

14 CFR Ch. I (1-1-19 Edition)

the Determination of No Hazard to Air
Navigation.
(b) A Determination of No Hazard to
Air Navigation issued for those construction or alteration proposals not
requiring an FCC construction permit
may be extended by the FAA one time
for a period not to exceed 18 months.
(c) A Determination of No Hazard to
Air Navigation issued for a proposal requiring an FCC construction permit
may be granted extensions for up to 18
months, provided that:
(1) You submit evidence that an application for a construction permit/license was filed with the FCC for the associated site within 6 months of
issuance of the determination; and
(2) You submit evidence that additional time is warranted because of
FCC requirements; and
(3) Where the FCC issues a construction permit, a final Determination of
No Hazard to Air Navigation is effective until the date prescribed by the
FCC for completion of the construction. If an extension of the original
FCC completion date is needed, an extension of the FAA determination
must be requested from the Obstruction Evaluation Service (OES).
(4) If the Commission refuses to issue
a construction permit, the final determination expires on the date of its refusal.

Subpart E - Petitions for
Discretionary Review

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Section 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.
Section 77.39 Contents of a petition.
(a) You must file a petition for discretionary review in writing and it
must be received by the FAA within 30
days after the issuance of a determination under Section 77.31, or a revision or extension of the determination under
Section 77.35.
(b) The petition must contain a full
statement of the aeronautical basis on
which the petition is made, and must
include new information or facts not
previously considered or presented during the aeronautical study, including
valid aeronautical reasons why the determination, revisions, or extension
made by the FAA should be reviewed.
(c) In the event that the last day of
the 30-day filing period falls on a weekend or a day the Federal government is
closed, the last day of the filing period
is the next day that the government is
open.
(d) The FAA will inform the petitioner or sponsor (if other than the petitioner) and the FCC (whenever an
FCC-related proposal is involved) of
the filing of the petition and that the
determination is not final pending disposition of the petition.
Section 77.41 Discretionary review results.
(a) If discretionary review is granted,
the FAA will inform the petitioner and
the sponsor (if other than the petitioner) of the issues to be studied and
reviewed. The review may include a request for comments and a review of all
records from the initial aeronautical
study.
(b) If discretionary review is denied,
the FAA will notify the petitioner and
the sponsor (if other than the petitioner), and the FCC, whenever a FCCrelated proposal is involved, of the
basis for the denial along with a statement that the determination is final.
(c) After concluding the discretionary review process, the FAA will
revise, affirm, or reverse the determination.

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