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[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Rules and Regulations]
[Pages 57789-57790]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22819]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

Docket No. FAA-2013-0457; Airspace Docket No. 13-AWP-5

Establishment and Modification of Class E Airspace; Oakland, CA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Metropolitan 
Oakland International Airport, Oakland, CA, to accommodate aircraft 
using the Area Navigation (RNAV) Global Positioning System (GPS) 
standard instrument approach procedures at Metropolitan Oakland 
International Airport. This action also modifies Class E surface 
airspace designated as an extension to Class C airspace by removing the 
navigation aids from the airspace designation. This improves the safety 
and management of Instrument Flight Rules (IFR) operations at the 
airport.

DATES: Effective date, 0901 UTC, December 12, 2013. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, Operations Support Group, Western Service Center, 1601 
Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION:

History

    On July 3, 2013, the FAA published in the Federal Register a notice 
of proposed rulemaking (NPRM) to establish and modify controlled 
airspace at Oakland, CA (78 FR 40076). Interested parties were invited 
to participate in this rulemaking effort by submitting written comments 
on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraphs 6003 and 
6005, respectively, of FAA Order 7400.9X dated August 7, 2013, and 
effective September 15, 2013, which is incorporated by reference in 14 
CFR Part 71.1. The Class E airspace designations listed in this 
document will be published subsequently in that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR) 
Part 71 by establishing Class E airspace extending upward from 700 feet 
above the surface within a 9-mile radius of Metropolitan Oakland 
International Airport, Oakland, CA, with a segment extending from the 
9-mile radius to 26 miles northwest of the airport. This controlled 
airspace accommodates IFR aircraft executing RNAV (GPS) standard 
instrument approach procedures at the airport. This action also 
modifies Class E airspace designated as an extension to Class C 
airspace by removing the navigation aids from the regulatory text and 
replacing them with airport reference points. This action is necessary 
for the safety and management of IFR operations.
    The FAA has determined this regulation only involves an established 
body of technical regulations for which frequent and routine amendments 
are necessary to keep them operationally current. Therefore, this 
regulation: (1) Is not a ``significant regulatory action'' under 
Executive Order 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 
this rule, when promulgated, does not have a significant economic 
impact on a substantial number of small entities under the criteria of 
the Regulatory Flexibility Act. The FAA's authority to issue rules 
regarding aviation safety is found in Title 49 of the U.S. Code. 
Subtitle 1, Section 106 discusses 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 establishes 
additional controlled airspace and modifies controlled airspace at 
Metropolitan Oakland International Airport, Oakland, CA.

Environmental Review

    The FAA has determined that this action qualifies for categorical 
exclusion under the National Environmental Policy Act in accordance 
with FAA Order 1050.1E, ``Environmental Impacts: Policies and 
Procedures,'' paragraph 311a. 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.

List 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 14 CFR Part 71 continues to read as 
follows:

     Authority:  49 U.S.C. 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 Part 71.1 of the Federal 
Aviation Administration Order 7400.9X, Airspace Designations and 
Reporting Points, dated August 7, 2013, and effective September 15, 
2013 is amended as follows:

Paragraph 6003 Class E Airspace Designated as an Extension to Class 
C Surface Areas.

* * * * *

AWP CA E3 Oakland, CA [Modified]

Metropolitan Oakland International Airport, CA
    (Lat. 37[deg]43[min]17[sec] N., long. 122[deg]13[min]15[sec] W.)

    That airspace extending upward from the surface within 2.7 miles 
each side of the Metropolitan Oakland International Airport 110[deg] 
bearing extending from the 5-mile radius of the airport to 9 miles 
east of the airport. This Class E airspace area 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 Airport/Facility Directory.

[[Page 57790]]

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 
Feet or More Above the Surface of the Earth

* * * * *

AWP CA E5 Oakland, CA [New]

Metropolitan Oakland International Airport, CA
    (Lat. 37[deg]43[min]17[sec] N., long. 122[deg]13[min]15[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 9-mile radius of the Metropolitan Oakland International 
Airport and within 4 miles each side of the airport 305[deg] bearing 
extending from the 9-mile radius of the airport to 26 miles 
northwest of the airport.

    Issued in Seattle, Washington on August 29, 2013.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-22819 Filed 9-19-13; 8:45 am]
BILLING CODE 4910-13-P
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