[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Rules and Regulations]
[Pages 85510-85512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28637]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0766; Airspace Docket No. 20-AWP-38]
RIN 2120-AA66


Modification of Class D and Establishment of Class E Airspace; 
Hayward, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies the Class D airspace, establishes Class E 
airspace extending upward from the surface and establishes Class E 
airspace as an

[[Page 85511]]

extension to the Class D and Class E surface areas at Hayward Executive 
Airport, Hayward, CA. After a biennial review of the airspace, the FAA 
found it necessary to amend the existing airspace for the safety and 
management of Instrument Flight Rules (IFR) operations at this airport. 
This action updates the airport name, amends the geographical 
coordinates for Hayward Executive Airport and Metropolitan Oakland 
International Airport to match the FAA's database and makes a minor 
editorial change replacing the outdated term Airport/Facility Directory 
with the term Chart Supplement.

DATES: Effective 0901 UTC, February 25, 2021. The Director of the 
Federal Register approves this incorporation by reference action under 
Title 1 Code of Federal Regulations part 51, subject to the annual 
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting 
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can 
contact the Airspace Policy Group, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National 
Archives and Records Administration (NARA).
    For information on the availability of FAA Order 7400.11E at NARA, 
email <a href="/cdn-cgi/l/email-protection#305655544255571e5c5557515c705e5142511e575f46"><span class="__cf_email__" data-cfemail="3b5d5e5f495e5c15575e5c5a577b555a495a155c544d">[email protected]</span></a> or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation 
Administration, Western Service Center, Operations Support Group, 2200 
S 216th Street, Des Moines, WA 98198; telephone (206) 231-2245.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code (U.S.C.). Subtitle I, 
Section 106 describes the authority of the FAA Administrator. Subtitle 
VII, Aviation Programs, describes in more detail the scope of the 
Agency's authority. This rulemaking is promulgated under the authority 
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that 
section, the FAA is charged with prescribing regulations to assign the 
use of airspace necessary to ensure the safety of aircraft and the 
efficient use of airspace. This regulation is within the scope of that 
authority as it modifies the Class D airspace, establishes Class E 
airspace to support IFR operations at Hayward Executive Airport under 
standard instrument approach and departure procedures at the airport, 
for the safety and management of aircraft within the National Airspace 
System. Additionally, an editorial change is being made to the legal 
description replacing ``Airport/Facility Directory'' with the term 
``Chart Supplement'' and updating the name of the airport to match the 
FAA aeronautical database.

History

    The FAA published a notice of proposed rulemaking in the Federal 
Register (85 FR 57170; September 15, 2020) for Docket No. FAA-2020-0766 
to amend the Class D surface airspace, establish a Class E surface area 
and establish a Class E extension to the Class D and Class E surface 
areas in support of IFR operations. Interested parties were invited to 
participate in this rulemaking effort by submitting written comments on 
the proposal to the FAA. One substantive comment was received from an 
anonymous contributor. The commenter was concerned with the impact an 
expansion of .5 miles to the Class D would have on controller workload 
and traffic navigating on the flyway to the west of the Hayward class 
D. The FAA agrees. The expansion to the Class D was proposed to 
accommodate expanded circling criteria and update the airspace to the 
higher standard. However, because the procedures at Hayward have not 
yet been upgraded the FAA will review the procedures and see if a more 
acceptable approach can be identified when the circling is updated to 
include expanded circling. Therefore, the Class D and Class E airspace 
extending upward from the surface is established within 3.5 miles of 
Hayward Executive Airport excluding the portion in the Metropolitan 
Oakland Airspace. In addition, the portion 1.8 miles each side of the 
119[deg] bearing is eliminated, as it is no longer needed.
    Class D and Class E airspace designations are published in 
paragraph 5000, 6002 and 6004 of FAA Order 7400.11E, dated July 21, 
2020 and effective September 15, 2020, which is incorporated by 
reference in 14 CFR 71.1. The Class D and Class E airspace designations 
listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11E, Airspace Designations and 
Reporting Points, dated July 21, 2020, and effective September 15, 
2020. FAA Order 7400.11E is publicly available as listed in the 
ADDRESSES section of this document. FAA Order 7400.11E lists Class A, 
B, C, D, and E airspace areas, air traffic service routes, and 
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by removing the Class D 
extension 1.8 miles each side of the 119[deg] bearing to the southeast, 
as it is no longer needed for operations.
    Class E airspace extending upward from the surface is established 
within 3.5 miles of Hayward Executive Airport excluding the portion 
that extends into Metropolitan Oakland International Airport Airspace. 
These lateral dimensions match the Class D lateral boundary. This 
provides improved safety for operations within this area when the 
Airport Traffic Control Tower is not staffed.
    Class E airspace as an extension to the Class D and Class E surface 
areas is established to capture aircraft as they descend through 1,000 
feet AGL outside the lateral dimensions of the surface area, while 
using the RNAV Approach to runway 28L.
    In addition, the term Airport Facility/Directory is replaced with 
Chart Supplement and the name of the Hayward Executive Airport and the 
geographical coordinates for both Hayward Executive Airport and 
Metropolitan Oakland International Airport are updated to match the 
FAA's National Airspace System Resource (NASR) database.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is 
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an 
established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current, is 
non-controversial and unlikely to result in adverse or negative 
comments. It, therefore: (1) Is not a ``significant regulatory action'' 
under Executive Order (E.O.) 12866; (2) Is not a ``significant rule'' 
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 
1979); and (3) does not warrant preparation of a Regulatory Evaluation 
as the anticipated impact is so minimal. Since this is a routine matter 
that only affects air traffic procedures and air navigation, it is 
certified that this rule, when promulgated, will not have a significant

[[Page 85512]]

economic impact on a substantial number of small entities under the 
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1F, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to 
cause any potentially significant environmental impacts, and no 
extraordinary circumstances exist that warrant preparation of an 
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR 
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E, 
Airspace Designations and Reporting Points, dated July, 21, 2020 and 
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AWP CA D Hayward, CA [Amended]

Hayward Executive Airport, CA
    (Lat. 37[deg]39'32'' N, long. 122[deg]07'18'' W)
Metropolitan Oakland International Airport
    (Lat. 37[deg]43'17'' N, long. 122[deg]13'16'' W)

    That airspace extending upward from the surface to, but not 
including, 1,500 feet MSL within a 3.5-mile radius of the Hayward 
Executive Airport, Hayward CA excluding that portion within the 
Metropolitan Oakland International Airport, Class C airspace. This 
Class D airspace is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Chart 
Supplement.

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AWP CA E2 Hayward, CA [New]

Hayward Executive Airport, CA
    (Lat. 37[deg]39'32'' N, long. 122[deg]07'18'' W)
Metropolitan Oakland International Airport
    (Lat. 37[deg]43'17'' N, long. 122[deg]13'16'' W)

    That airspace extending upward from the surface to but not 
including 1,500 feet MSL within a 3.5-mile radius of the Hayward 
Executive Airport, Hayward CA excluding that portion within the 
Metropolitan Oakland International Airport, Class C airspace. This 
Class E airspace is effective during the specific dates and times 
established in advance by a Notice to Airmen. The effective date and 
time will thereafter be continuously published in the Chart 
Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to 
a Class D or Class E Surface Area.

* * * * *

AWP CA E4 Hayward, CA [New]

Hayward Executive Airport, CA
    (Lat. 37[deg]39'32'' N, long. 122[deg]07'18'' W)

    That airspace extending upward from the surface 1.2 miles each 
side of the 120[deg] bearing from the Hayward Executive Airport 
extending from the Class D and E2 airspace 3.5-mile radius to 9 
miles from the airport.

    Issued in Seattle, Washington, on December 21, 2020.
Brian Ochs,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-28637 Filed 12-28-20; 8:45 am]
BILLING CODE 4910-13-P


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