U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

ORDER
JO 7400.2K
Effective Date:
April 3, 2014
 
     

Subject:  Procedures for Handling Airspace Matters

 

Section 3. Revision, Correction, and Termination of Determination

7-3-1. REVISIONS AND TERMINATIONS BASED ON NEW FACTS

The FAA official responsible for issuing a no hazard determination has the delegated authority (Section 77.39) to revise or terminate the determination provided. The decision is based upon new facts that change the basis on which the original determination was made.

a. Revised determinations based on new aeronautical facts must be issued under a new aeronautical study number that would cancel and supersede the original determination.

b. A decision to terminate a no-hazard determination must be based on new facts that change the basis on which the determination was made. Normally in such a case, a subsequent “Determination of Hazard" would be issued under a new aeronautical study number.

c. If a proposed structure is relocated or there is a height change after a determination of no hazard is issued, a new filing must be submitted.  When new filings are received, terminate any previous determinations before moving forward with the aeronautical studies. Multiple filings at the same location result in an administrative hardship and create a cumulative impact issue that could result in erroneous data analysis.  Determinations must not be used as a basis for financial arrangements.

7-3-2. CORRECTION

The FAA official issuing a determination may also correct that determination as required. Editorial changes that do not involve a coordinate change (of one second or more in latitude or longitude) or elevation change (of one foot or more) may be issued as corrections. In this case, no change to dates would be necessary. Adjustments or corrections to a proposal that involve one or both of the above coordinate or elevation changes must be addressed as a new and separate obstruction evaluation study.

7-3-3. STANDARD FORMAT

a. A revised determination based on new aeronautical facts must follow the standard format of the appropriate determination. An explanation should be included addressing the reason for the revision. A statement indicating that the revised determination cancels and supersedes the determination originally issued, should also be included.

b. A determination addressing editorial changes that do not involve structure coordinates or elevations may be issued by duplicating the original determination, making the corrections, adding a statement explaining the correction, and adding “Corrected" at the end of the title.

c. A determination addressing corrections to coordinates or elevations must follow the standard format of the appropriate determination. An explanation should be included addressing the correction. This may be done in the description section of the determination. A statement should also be included which indicates that the corrected determination cancels and supersedes the original determination.

7-3-4. DISTRIBUTION

Copies of revised or corrected determinations must be given the same distribution as the original determination and, if appropriate, be distributed to other known interested persons or parties.

 

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