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 77.35) 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
“Correction" 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.
|
