Chapter 7. Determinations
Section 1. Issuing Determinations
7-1-1. POLICY
All known aeronautical facts revealed during the
obstruction evaluation shall be considered when
issuing an official FAA determination. The determination shall be a composite of all comments and
findings received from interested FAA offices.
Should there be a disagreement in the findings, the
disagreement shall be resolved before issuance of a
determination. The basis for all determinations shall
be on the aeronautical study findings as to the extent
of adverse physical or electromagnetic interference
effect upon navigable airspace or air navigation
facilities. Evidence of adverse effect alone, either
physical or electromagnetic, is not sufficient
justification for a determination of hazard. However,
a finding of a substantial physical or electromagnetic
adverse effect normally requires issuance of a
determination of hazard.
7-1-2. RESPONSIBILITY
a. Air traffic is responsible for issuing determinations.
b. However, if any division objects to a structure
that does not exceed part 77 obstruction standards or
have a physical or electromagnetic interference effect
upon navigable airspace or air navigation facilities,
the objecting division shall be responsible for issuing
the determination. Examples would be:
1. Objections identifying potential airport
hazards based on airport design criteria such as a
structure within the runway protection zone (RPZ).
2. Objections identifying potential airport
hazards such as structures which may not be above
ground level (e.g., landfills, retention ponds, and
waste recycling areas) but may create an environment
that attracts birds and other wildlife.
7-1-3. DETERMINATIONS
Determinations issued by the FAA receive widespread public distribution and review. Therefore, it is
essential that each determination issued is consistent
in form and content to the extent practicable. To
facilitate this and to achieve economy in clerical
handling, automated correspondence is available
through the OE/AAA automation program and shall
be used in lieu of previously approved FAA forms.
Determinations shall be issued as follows:
a. Issue a "Does Not Exceed" (automated DNE
letter) determination if the structure does not exceed
obstruction standards, does not have substantial
adverse physical or electromagnetic interference
effect upon navigable airspace or air navigation
facilities, and would not be a hazard to air navigation.
NOTE-
A determination indicating that No Notice is Required
(NNR) is no longer authorized.
b. Issue an "Exceeds But Okay" (automated EBO
letter) determination if the structure exceeds
obstruction standards but does not result in a
substantial adverse effect, circularization was not
necessary, and meets one of the following conditions:
1. The structure is temporary;
2. The structure is existing; or
3. The structure involves an alteration with no
physical increase in height or change of location
such as a proposed decrease in height or proposed
side mount.
NOTE-
The significant difference between an EBO determination
and a "Determination of No Hazard to Air Navigation"
(DNH) is that the EBO determination does not allow for
petition rights.
c. Issue a "Notice of Presumed Hazard" (automated NPH letter) if the structure exceeds obstruction
standards and/or has an adverse effect upon navigable
airspace or air navigation facilities and resolution or
further study is necessary to fully determine the
extent of the adverse effect. The NPH facilitates
negotiation and is useful in preserving navigable
airspace. Normally, the FAA should not
automatically initiate further study (including
circularization) without a request to do so by the
sponsor. The intent of the NPH is to inform the
sponsor of the initial findings and to attempt
resolution. If the sponsor fails to contact the FAA
after receiving the notice, terminate the case. No
further action by the FAA is required unless the
sponsor re-files. If negotiation is successful, and
resolution is achieved, or further study is completed,
an appropriate subsequent determination should be
issued.
d. Issue a "Determination of No Hazard" (DNH)
if the structure exceeds obstruction standards but
does not result in a substantial adverse effect.
e. Issue a "Determination of Hazard" (DOH) if the
structure would have or has a substantial adverse
effect; negotiations with the sponsor have been
unsuccessful in eliminating the substantial adverse
effect; and the affected aeronautical operations and/or
procedures cannot be adjusted to accommodate the
structure without resulting in a substantial adverse
effect. The obstruction evaluation may or may not
have been circularized.
7-1-4. DETERMINATION CONTENT AND
OPTIONS
Use the following items, as appropriate, to ensure that
the necessary information is included in each
determination:
a. All no hazard determinations shall address or
include:
1. FULL DESCRIPTION. A full description of
the structure, project, etc., including all submitted
frequencies and ERP shall be included. Use exact
information to clearly identify the nature of the
project (e.g., microwave antenna tower; FM, AM, or
TV antenna tower; suspension bridge; four-stack
power plant; etc.).
2. LATITUDE, LONGITUDE, AND HEIGHT.
Specify the latitude, longitude, and height(s) of each
structure. When an obstruction evaluation study
concerns an array of antennas or other multiple-type
structures, specific information on each structure
should be included.
3. MARKING AND/OR LIGHTING. A marking and/or lighting recommendation shall be a
condition of the determination when aeronautical
study discloses that the marking and/or lighting are
necessary for aviation safety.
(a) If the OE notice was for an existing
structure with no physical alteration to height or
location (e.g., a side mount or an editorial correction
to coordinates and/or elevations due to more accurate
data), and the structure was previously studied, the
recommended marking and/or lighting may be in
accordance with the prior study.
(b) If the notice is for a new structure, a
physical alteration (height/location) to an existing
structure, or an existing structure that did not involve
a physical alteration but was not previously studied,
the recommended marking and/or lighting shall be in
accordance with appropriate chapters of the current
AC 70/7460-1, Obstruction Marking and Lighting.
(c) If the OE notice was for a change in
marking and/or lighting of a prior study whether the
structure exists or not yet built, the recommended
marking and/or lighting shall be in accordance with
appropriate chapters of the current AC 70/7460-1.
(1) If it is an existing FCC-licensed
structure, and the requested marking and/or lighting
change is recommended, notify the sponsor to apply
to the FCC for permission to make the change. Use
the following specific language: "If the structure is
subject to the authority of the Federal Communications Commission, a copy of this letter shall be
forwarded to them and application should be made to
the FCC for permission to change the marking and/or
lighting as requested." This language is available in
the automated letters.
(2) If the marking and/or lighting change
involves high intensity white obstruction lights on an
FCC-licensed structure, the sponsor shall be notified
that the FCC requires an environmental assessment.
Use the following specific language: "FCC licensees
are required to file an environmental assessment with
the Commission when seeking authorization for the
use of the high intensity flashing white lighting
system on structures located in residential neighborhoods, as defined by the applicable zoning law."
(3) If it is an existing structure and the
requested marking and/or lighting change is
recommended, the sponsor shall be required to notify
the National Aeronautical Charting Office (NACO)
directly when the change has been accomplished. Use
the following specific language: "So that
aeronautical charts and records can be updated,
please notify National Aeronautical Charting Office
(NACO) in writing (with a courtesy copy to the
FAA's National Flight Data Center) when the new
system is installed and operational. NACO notification should be addressed to: National Aeronautical
Charting Office, Aeronautical Information Branch,
Room 5601 N/ACC113, 1305 East-West Highway,
Silver Spring, Maryland 20910."
(d) If it is determined that marking and/or
lighting are not necessary for aviation safety, marking
and/or lighting may be accomplished on a voluntary
basis. However, marking and/or lighting should not
be a condition of the determination. Instead, it shall
be recommended that voluntary marking and/or
lighting be installed and maintained in accordance
with AC 70/7460-1. Use specific language as
follows: "Based on this evaluation, marking and
lighting are not necessary for aviation safety.
However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be
installed and maintained in accordance with FAA
Advisory Circular 70/7460-1."
4. SUPPLEMENTAL NOTICE. FAA Form
7460-2, Notice of Actual Construction or Alteration,
Part 2, is the authorized form for sponsors to report
the start, completion, or abandonment of construction, and the dismantlement of structures. Furnish
this form to each sponsor when supplemental notice
is required. Each service area office shall take action
to insure that their return address is correct before
sending the form to the sponsor.
(a) When deemed necessary, request sponsors to complete and mail Part 1 of FAA Form
7460-2, to be received at least 10 days before the start
of construction or alteration, when:
(1) An aeronautical procedure or minimum
flight altitude will be affected (supplemental notice
earlier than 10 days may be requested to permit
adjustments).
(2) The construction will be in progress
over an extended period of time.
(3) The structure will exceed 500 feet AGL
and will be erected within a relatively short period of
time, as in the case of a TV tower.
(b) In addition, submission by the sponsor of
FAA Form 7460-2, shall be required when the
structure is a new construction or involves a proposed
physical alteration, and:
(1) Is more than 200 feet above ground
level (AGL).
(2) Is less than 200 feet AGL but exceeds
obstruction standards, requires a change to an
established FAA procedure or flight minimum,
requires certified accuracy so as not to exceed
minimums.
(3) The FAA deems it necessary for any
other reason.
(c) The information submitted on FAA Form
7460-2 is used for:
(1) Charting obstructions to air navigation
on aeronautical charts.
(2) Giving notice to airmen, when
applicable, of the construction of obstructions.
(3) Changing affected aeronautical procedures and operations.
(4) Revising minimum flight altitudes.
(5) Updating the NACO Obstacle Digital
File.
(d) Do not require supplemental notice for
existing structures that do not involve a proposed
physical alteration. Instead, directly communicate
the known information to NACO and other relevant
persons or organizations, as necessary.
5. EXPIRATION DATE. Include an expiration
date, if applicable.
(a) Assign an expiration date to all determinations that involve new construction or alterations.
(1) Normally all determinations, whether
FCC construction permit related or not, shall be
assigned an expiration date 18 months from the
effective/issued date. In the case of determinations
involving petition rights, the expiration shall be 18
months from the final date of the determination.
(2) If circumstances warrant, an expiration
date not to exceed 18 months should be assigned.
(b) The determination expires on the date
prescribed unless:
(1) Extended, revised, or terminated by
the issuing office.
(2) The construction is subject to the
licensing authority of the FCC and an application
for a construction permit has been filed as required
by the FCC within six months of the date of the
determination. In such case, the determination
expires on the date prescribed by the FCC for
completion of construction, or the date the FCC
denies the application. A request for extension must
be postmarked or delivered at least 15 days prior to
expiration.
(c) If the date of a final determination is
changed because of a petition or review, a new
expiration date will be specified as appropriate.
(d) Determinations involving existing structures that do not involve a proposed physical
alteration shall not contain an expiration date.
6. SPECIAL CONDITIONS. Any condition
upon which a no hazard determination is based shall
be specified in the determination. When FAA Form
7460-2 is requested, a condition of the determination will be for the sponsor to keep the FAA
informed of the project's status. Use the following
specific language: "As a result of this structure being
critical to flight safety, it is required that the FAA be
kept informed as to the status of the project. Failure
to respond to periodic FAA inquiries could
invalidate this determination."
7. SPECIAL STATEMENTS. To help prevent
potential problems, all determinations shall include
the following statements:
(a) "This determination is based, in part, on
the foregoing description which includes specific
coordinates, heights, frequency(ies) and power. Any
change in coordinates, heights, frequency(ies) or use
of greater power will void this determination. Any
future construction or alteration, including increase
in heights, power, or the addition of other
transmitters, requires separate notice to the FAA."
(b) "This determination does include
temporary construction equipment, such as cranes,
derricks, etc., which may be used during the actual
construction of the structure. However, this
equipment shall not exceed the overall heights as
indicated above. Equipment which has a height
greater than the studied structure requires separate
notice to the FAA."
(c) "This determination concerns the effect
of this structure on the safe and efficient use of
navigable airspace by aircraft and does not relieve the
sponsor of compliance responsibilities relating to any
law, ordinance, or regulation of any Federal, state, or
local government body."
8. ADVISORIES. Determinations may require
advisory statements (available in the automated
letters) to notify sponsors of potential issues.
(a) Issues pertaining to noise can be
addressed as a statement in the determination with
the following language: "The structure considered
under this study lies in proximity to an airport and
occupants may be subjected to noise from aircraft
operating to and from the airport."
(b) When requested by the military, issues
pertaining to military training areas/routes can be
addressed in a determination with the following
language: "While the structure does not constitute a
hazard to air navigation, it would be located within or
near a military training area and/or route."
(c) Issues pertaining to a runway protection
zone can be addressed in the determination as
follows: "While the structure does not constitute a
hazard to air navigation, it would be located within
the Runway Protection Zone (RPZ) of the
airport/runway. Structures, which will result in the
congregation of people within an RPZ, are strongly
discouraged in the interest of protecting people and
property on the ground. In cases where the airport
owner can control the use of the property, such
structures are prohibited. In cases where the airport
owner exercises no such control, advisory recommendations are issued to inform the sponsor of the
inadvisability of the project from the standpoint of
safety to personnel and property."
b. In addition to the above items, a DNH shall also
include or address:
1. Obstruction standards exceeded.
2. Effect on VFR/IFR aeronautical departure/arrival and en route operations, procedures, and
minimum flight altitudes.
3. Effect on existing public-use airports and
aeronautical facilities.
4. Effect on all planned public-use airports and
aeronautical facilities.
5. Cumulative impact resulting from the
proposed construction or alteration of a structure
when combined with the impact of other existing or
proposed structures.
6. Information and comments received as a
result of circularization, informal airspace meetings,
and negotiations.
7. Reasons and basis for the determination that
the structure will not be a hazard to air navigation and
any accommodations necessary by aeronautical users
or sponsors.
8. Consideration given to any valid aeronautical
comments received during the aeronautical study.
The official FAA determination shall be a composite
of the comments and findings received from other
interested FAA offices.
9. Conditions of the determination including
recommendations for marking and/or lighting of a
structure, changes in procedures and/or altitudes that
are necessary to accommodate the structure. The
"conditions" should include a statement that
appropriate action will be taken to amend the effected
procedure(s) and/or altitude(s) upon notification to
the FAA by the sponsor prior to the start of
construction or alteration.
10. Limitations, if any.
11. Petitioning information regardless of
whether the structure is proposed or existing using
the following specific language: "This determination
is subject to review if an interested party files a
petition that is received by the FAA (30 days from
issued date). In the event a petition for review is filed,
it must contain a full statement of the basis upon
which it is made and be submitted to the Manager,
Airspace and Rules, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC
20591. This determination becomes final on [40 days
from issued date] unless a petition is timely filed. In
which case, this determination will not become final
pending disposition of the petition. Interested parties
will be notified of the grant of any review."
c. A DOH shall include or address:
1. FULL DESCRIPTION. A full description of
the structure, project, proposal, etc. including all
submitted frequencies and ERP shall be included.
Use exact information to clearly identify the nature of
the project. Use wording, such as microwave antenna
tower, FM or AM antenna tower, suspension bridge,
TV antenna tower, or four-stack power plant.
2. LATITUDE, LONGITUDE, AND HEIGHT.
Specify the latitude, longitude, and height(s) of each
structure. When an obstruction evaluation study
concerns an array of antennas or other multiple-type
structures, specific information on each structure
should be included.
3. BASIS FOR THE DETERMINATION. The
reasons and basis for the determination must include
the adverse effect of the proposal upon the safe and
efficient use of the navigable airspace by aircraft and
upon air navigation facilities. Also, state the reasons
the affected aeronautical operations or the procedure
cannot be adjusted to alleviate or eliminate the
conflicting demands for the airspace. As a minimum,
the determination shall address the following:
(a) Obstruction standards exceeded.
(b) The effect on VFR/IFR aeronautical
departure/arrival and en route operations, procedures, and the minimum flight altitudes effect on
existing public-use airports and aeronautical
facilities.
(c) The effect on all planned public-use
airports and aeronautical facilities on file with the
FAA or for which the FAA has received adequate
notice.
(d) The cumulative impact resulting from the
proposed construction or alteration of a structure
when combined with the impact of other existing or
proposed structures.
(e) Information and comments received as a
result of circularization, informal airspace meetings
and negotiations.
(f) Reasons and basis for the determination as
to why the structure would be a hazard to air
navigation (e.g., a clear showing of substantial
adverse effect).
4. PETITIONING INFORMATION - Include
petitioning information regardless of whether the
structure is proposed or existing using the following
specific language: "This determination is subject to
review if an interested party files a petition on or
before [30 days from issued date]. In the event a
petition for review is filed, it must contain a full
statement of the basis upon which it is made and be
submitted to the Manager, Airspace and Rules,
Federal Aviation Administration, 800 Independence
Ave., SW., Washington, DC 20591. This determination becomes final on [40 days from issued date]
unless a petition is timely filed. The determination
will not become final pending disposition of the
petition. Interested parties will be notified of the grant
of any review."
7-1-5. DETERMINATION DATES
a. ISSUED DATE - The issuance date of a
determination is the date the determination is
distributed.
b. PETITION DEADLINE - For determinations
that involve petition rights, the deadline for receipt of
petition shall be 30 days from the date of issuance.
c. EFFECTIVE DATE -
1. The effective date of determinations that do
not involve petition rights shall be the date of
issuance.
2. The effective date of determinations that
involve petition rights, whether for existing or
proposed structures, shall be 40 days from the date of
issuance provided a petition for review is not filed. If
a petition for review is filed, the determination will
not become final pending disposition of the petition.
NOTE-
The effective date and the issued date may or may not be
the same. The effective date may also be referred to as the
final date.
7-1-6. EXISTING STRUCTURES
A determination issued as a result of the study of an
existing structure may be written in the following
forms:
a. As a DOH or DNH.
b. As a formal letter outlining the effects of the
structure and perhaps recommending to the sponsor
that the structure be marked and/or lighted,
specifying that it be reduced in height, or specifying
that it be removed.
c. As an informal letter or staff study making an
internal FAA recommendation.
d. As a formal letter to the FCC recommending
the dismantling of an abandoned tower.
7-1-7. DISTRIBUTION OF
DETERMINATIONS
A record of the distribution for each determination
whether original, revised, extended, or affirmed shall
be maintained in the aeronautical study file. When
appropriate, a reference to the distribution code, a
mailing list, or any other evidence of distribution will
be sufficient.
a. Copies of all determinations shall be sent to the:
1. Sponsor (with FAA Form 7460-2 as
necessary)
2. Sponsor's representative (if any).
3. FCC (if the structure is subject to its
licensing authority).
4. NACO in lieu of FAA Form 7460-2 (if the
structure is existing and does not involve a proposed
physical alteration). Copies of the determination
shall always be accompanied by a copy of the
submitted map and, if applicable, a copy of the
survey; or if the determination involves a change to
marking and/or lighting of an existing structure for
which the sponsor has been requested to notify
NACO directly of the change.
5. Copies of the determination shall always be
accompanied by a copy of the submitted map and, if
applicable, a copy of the surveys.
6. Other persons, offices, or entities as deemed
necessary or as requested.
b. In addition to the above distribution, copies of
a DNH and DOH shall also be sent to:
1. NACO.
2. Military representatives.
3. All other interested persons.
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