[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]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 29 / Thursday, February 12, 1998 / 
Rules and Regulations  

[[Page 7057]]


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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.

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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]
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