[Federal Register Volume 63, Number 29 (Thursday, February 12, 1998)]
[Rules and Regulations]
[Pages 7057-7058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3569]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 63, No. 29 / Thursday, February 12, 1998 /
Rules and Regulations
[[Page 7057]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 97-AWP-31]
Modification to Class D Airspace; Hayward, CA
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends the Class D airspace area at Hayward, CA.
The existing Class D airspace area at Hayward Air Terminal extends
outward to 5.6 miles. The FAA has determined that the existing 5.6-mile
radius is unjustified based on existing air traffic control
requirements and should be reduced. This action reduces the radius of
the Hayward Class D airspace area to 3.5 miles, but retains an
extension from 3.5-mile radius to 5.2 miles southeast of the airport to
accommodate Instrument Flight Rule (IFR) arrivals. The intended effect
of this action is to eliminate those portions of the Hayward Class D
airspace area which are not necessary to meet terminal air traffic
requirements.
EFFECTIVE DATE: 0901 UTC, April 23, 1998.
FOR FURTHER INFORMATION CONTACT:
Debra Trindle, Airspace Specialist, Airspace Branch, AWP-520, Air
Traffic Division, Western-Pacific Region, Federal Aviation
Administration, 15000 Aviation Boulevard, Lawndale, California 90261,
telephone (310) 725-6613.
SUPPLEMENTARY INFORMATION:
History
On August 11, 1997, the FAA proposed to amend 14 CFR part 71 to
modify the Class D airspace area at Hayward, CA (62 FR 42954). The
determination that the existing 5.6-mile radius at Hayward Air Terminal
is not justified and should be reduced, has made this action necessary.
The intended effect of this proposed action would eliminate those
portions of the Hayward Class D airspace which are not necessary to
meet air traffic control requirements.
Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
Five comments to the proposal were received. The alterations adopted by
this rule are based on the FAA's analysis of the airspace and a review
of the written comments submitted to the docket. Some of the comments
submitted addressed subject areas that were not relevant to this
rulemaking and will not be discussed. Class D airspace designations are
published in paragraph 5000 of FAA Order 7400.9E, dated September 10,
1997, and effective September 16, 1997, which is incorporated by
reference in 14 CFR 71.1. Class D airspace designation listed in this
document will be published subsequently in the Order.
Discussion of Comments
The FAA received five written comments regarding the proposed
alteration of the Hayward Class D airspace. The comments received were
from the Northern California Airspace Users Working Group (NCAUWG), the
Aircraft Owners and Pilots Association (AOPA), and the Coalition for
Responsible Airport Management and Policy (CRAMP). The FAA has
determined that the alterations to the Hayward Class D airspace area,
as contained herein, are necessary and will promote the most safe and
efficient use of airspace.
Summarization of Comments
(1) AOPA, NCUAWG, and CRAMP proposed that visual reference points
be included to allow circumnavigation of the Class D arrival extension.
Class D airspace descriptions are published using the following
methods: latitude and longitude, radials and Distance Measuring
Equipment (DME) from existing Navigational Aids (NAVAIDS), and bearing
from the Airport Reference Point (ARP). Presently, visual reference
pints are used only when describing Class B and Class C airspace areas.
The use of visual reference points to describe Class D airspace areas
will be taken under advisement.
(2) AOPA and CRAMP requested that Class D arrival extension be
classified as Class E airspace. AOPA requested the FAA issue a waiver
to FAA Order 7400.2D, Procedures for Handling Airspace Matters,
allowing the airspace within the extension to be classified as Class E
airspace. FAA Order 7400.2D states that a surface area arrival
extension of two miles or less, will remain part of the basic surface
area. The FAA establishes Class D airspace to contain terminal arrival
operations, and may include any extensions necessary to contain arrival
aircraft operating under IFR.
(3) CRAMP does not concur will the proposed revision of Hayward
Class D airspace, stating that the FAA has offered no justification for
its proposal. The FAA requires justification for all proposed Global
Positioning System (GPS) Standard Instrument Approach Procedures
(SIAP's) from the airport authority that initiated the action.
Justification for this proposed GPS SIAP to Runway (RWY) 28L was
received from the Hayward Air Terminal authority. This information is
on file in the Office of the Manager, Los Angeles Flight Procedures
Office, Western-Pacific Region, Federal Aviation Administration, 15000
Aviation Boulevard, Lawndale, California 90261. Further justification
was provided in the form of a Notice of Proposed Rulemaking (NPRM),
which was published in the Federal Register on August 11, 1997. The
primary purpose of the GPS SIAP to RWY 28L at Hayward Air Terminal is
to provide expanded airport capability to train pilots for the latest
in global positioning approaches, to allow operations in lower weather
minimums, and to provide general aviation relief at neighboring
Metropolitan Oakland International Airport.
(4) CRAMP questioned the FAA as to whether an analysis had been
done as to the effects on circumnavigating traffic that either did not
want, or could not get, ATC services. The FAA did not provide an
analysis of this type, since air traffic control services are available
at the Hayward Air Traffic Control Tower.
(5) CRAMP stated that the mileages were not specified as statute or
nautical miles. All mileages contained in airspace descriptions are
nautical, as prescribed in FAA Order 7400.2D.
[[Page 7058]]
The Rule
This amendment to 14 CFR part 71 modifies the Class D airspace area
at Hayward, CA. The FAA is reducing the overall dimensions of the Class
D airspace area at Hayward Air Terminal, CA. Where a FAA airport
traffic control tower (ATCT) is in operation, the FAA establishes Class
D airspace to contain terminal operations. Class D airspace areas
generally extend outward from the center of an airport as far as is
necessary to contain intended operations, and may include any
extensions necessary to contain arriving and departing aircraft
operating under Instrument Flight Rules (IFR). The existing Class D
airspace area at Hayward Air Terminal extends outward to 5.6 miles,
excluding the airspace within the San Francisco Class B, and Oakland
Class C, airspace areas. The FAA has determined, based on present air
traffic control requirements, that the 5.6-mile radius is not
justified. Therefore, this action reduces the radius of the Hayward
Class D airspace area to 3.5 miles, but retains an extension from the
3.5-mile radius to 5.2 miles southeast of the airport to accommodate
IFR arrivals. Airspace within the Oakland Class C airspace area is
excluded. The intended effect of this action is to eliminate those
portions of the Hayward Class D airspace area which are not necessary
to meet terminal air traffic control requirements. The area will be
depicted on appropriate aeronautical charts for pilot reference.
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.
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 will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
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, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; ROUTES; AND REPORTING POINTS
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]
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9E, Airspace Designations and
Reporting Points, dated September 10, 1997, and effective September 16,
1997, is amended as follows:
Paragraph 5000 Class D Airspace
* * * * *
AWP CA D Hayward, CA [Revised]
Hayward Air Terminal, CA
(Lat. 37 deg.39'34''N, long. 122 deg.07'21''W)
Metropolitan Oakland International Airport
(Lat. 37 deg.43'17''N, long. 122 deg.13'15''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 Air
Terminal and within 1.8 miles each side of the 119 deg. bearing from
the Hayward Air Terminal, extending from the 3.5-mile radius to 5.2
miles southeast of the Hayward Air Terminal, excluding that portion
within the Metropolitan Oakland International Airport, CA, Class A
airspace area. This Class D airspace area is effective during the
specific dates and times established in advance in a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Airport/Facility Directory.
* * * * *
Issued in Los Angeles, California, on January 21, 1998.
George D. Williams,
Manager, Air Traffic Division, Western-Pacific Region.
[FR Doc. 98-3569 Filed 2-11-98; 8:45 am]
BILLING CODE 4910-13-M