14 C.F.R. § 77.39

Contents of a petition

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(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 § 77.31, or a revision or extension of the determination under § 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.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Backcountry Against Dumps v. Faa, 77 F.4th 1260 (9th Cir. 2023).

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Backcountry Against Dumps v. Faa, 77 F.4th 1260 (9th Cir. 2023). · cites it 4× “” 14 C.F.R. § 77.39 (b). The FAA regulations specify that the review is “discretionary,” but, if 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.”

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