Chapter 7. Determinations

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 (§ 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.

  1. Revised determinations based on new aeronautical facts must be issued under a new aeronautical study ­number that would cancel and supersede the original determination.
  2. A decision to terminate a no–hazard determination must be either requested by the Sponsor and/or their ­Representative or 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.
  3. If a proposed structure is relocated or there is a height change after a determination of no hazard is issued, ­a new filing may be required to 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) may be issued as corrections. ­Elevation changes that do not increase the height of the original proposal may also be issued as corrections. In ­this case, no change to dates would be necessary. Adjustments or corrections that involve a coordinate change ­of less than one second or reduced elevation must be issued as a correction under the original study.Adjustments ­or corrections to a proposal for a coordinate change of one second or more and/or an increase to the elevation ­must be refiled as a new study.

7-3-3. STANDARD FORMAT

  1. 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.
  2. 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.
  3. 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.