C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER E—AIRSPACE › PART 77—SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE › Subpart E—Petitions for Discretionary Review

14 C.F.R. § 77.41

Discretionary review results

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(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 FCC-related 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.

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). “” 14 C.F.R. § 77.41 (a). Courts have recognized that an FAA hazard/no hazard determination alone does not have the authority to authorize proceeding, that is to give a “green light” to proceeding with the project.”
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