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This question pertains to the SNSHN THREE SID out of Ontario, CA (KONT).

Let's say I was originally cleared to "climb via the SNSHN departure except maintain 8,000". Then the clearance is amended after departure to "climb and maintain FL 240".

My question is, am I still required to cross NLAND at or above 14,000, as depicted in the SID?

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If the controller issues a "climb via" SID with an interim altitude of 8,000 and then subsequently amends the altitude and states:

"Climb via SID and maintain Flight Level 240" then the altitude crossing restriction to cross INLAND at or above 14,000 still applies.

However, if the controller does not use the words "Climb Via," and instead states:

Climb and maintain Flight Level 240" then the altitude crossing restriction to cross INLAND at or above 14,000 is cancelled.

The words "Climb Via" are essentially the same as "comply with all SID restrictions." If a new altitude is issued without the "Climb Via" verbiage, then (unless the altitude crossing restrictions are restated) climb unrestricted to the new altitude is expected.

From FAA JO Order 7110.65W, para. 4-5-6 and 4-5-7 (Air Traffic Controller's handbook):

6. When an aircraft has been issued an interim altitude and after departure ATC can subsequently clear the aircraft to climb to the original top altitude published in the SID instruct aircraft to “climb via SID.” When issuing a new altitude and compliance with published restrictions is still required instruct aircraft to “climb via SID except maintain (altitude).”

PHRASEOLOGY − CLIMB VIA SID. CLIMB VIA SID except maintain (altitude).

EXAMPLE − 1. (An aircraft was issued the T eddd One departure, “climb via SID” in the IFR departure clearance. An interim altitude of 10,000 was issued instead of the published top altitude of FL 230; after departure ATC is able to issue the published top altitude): “Climb via SID.” NOTE − In Example 1, the air craft will track laterally and vertically on the Teddd One departure and initially climb to 10,000; Once re-issued the “climb via” clearance the interim altitude is cancelled aircraft will continue climb to FL230 while complying with published restrictions. EXAMPLE − 2. (Using Example 1, after departure ATC is able to issue an altitude higher than the published top altitude): “Climb via SID except maintain flight level two six zero.” NOTE − In Example 2, the air craft will track laterally and vertically on the Teddd One departure and initially climb to 10,000; once issued “climb via” clearance to FL260 the aircraft will continue climb while complying with published restrictions.

NOTE

1. Considering the principle that the last ATC clearance issued has precedence over the previous, the phraseology “maintain (altitude)” alone cancels previously issued altitude restrictions, including SID/STAR altitude restrictions unless they are restated or modified, and authorizes an unrestricted climb or descent. Speed restrictions r emain in effect unless the controller explicitly cancels the speed restrictions. 2. Restate “climb/descend via” and then use “except” or “except maintain” phraseology to modify published restrictions or assign a new top/bottom altitude. Use “resume” phraseology with “maintain” to rejoin a route and assign a new altitude where compliance with published altitude restrictions is not required.

[all preceding emphasis is mine]

Also see AIM para. 5-2-8.

Lastly, here is some good guidance regarding "Climb/Descend Via" Climb/Descend Via FAQ

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  • $\begingroup$ absolutely correct. $\endgroup$ – Lnafziger Feb 14 '18 at 17:06

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