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 77.19 or 77.35 or revision or extension of the determination under 77.39(c), for a review of the determination, revision, or extension. This paragraph does not apply to any acknowledgment issued under 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 77.19, 77.35 or 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]