[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Proposed Rules]
[Pages 57170-57172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20223]


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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


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class D airspace, establish 
Class E airspace extending upward from the surface, and establish Class 
E airspace as an 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 would also update the airport name, amend 
the geographical coordinates for Hayward Executive and Metropolitan 
Oakland International airports to match the FAA's database and make a 
minor editorial change replacing the outdated term Airport/Facility 
Directory with the term Chart Supplement.

DATES: Comments must be received on or before October 30, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of 
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 
1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. 
FAA-2020-0766; Airspace Docket No. 20-AWP-38, at the beginning of your 
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E, Airspace Designations and Reporting Points, and

[[Page 57171]]

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: 
[email protected], 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. 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 would amend the Class D airspace and establish Class E airspace 
to support IFR operations at Hayward Executive Airport.

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments, as 
they may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify both docket numbers and be submitted in 
triplicate to the address listed above. Persons wishing the FAA to 
acknowledge receipt of their comments on this notice must submit with 
those comments a self-addressed, stamped postcard on which the 
following statement is made: ``Comments to Docket No. FAA-2020-0766; 
Airspace Docket No. 20-AWP-38''. The postcard will be date/time stamped 
and returned to the commenter.
    All communications received before the specified closing date for 
comments will be considered before taking action on the proposed rule. 
The proposal contained in this notice may be changed in light of the 
comments received. A report summarizing each substantive public contact 
with FAA personnel concerned with this rulemaking will be filed in the 
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the 
internet at https://www.regulations.gov. Recently published rulemaking 
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any 
comments received, and any final disposition in person in the Dockets 
Office (see the ADDRESSES section for the address and phone number) 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal 
holidays. An informal docket may also be examined during normal 
business hours at the Northwest Mountain Regional Office of the Federal 
Aviation Administration, Air Traffic Organization, Western Service 
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA 
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend 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 Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal 
Regulations (14 CFR) part 71 by modifying the lateral dimensions of the 
Class D, establishing a new Class E surface area and establishing a 
Class E extension to the Class D and Class E surface areas.
    The Class D would be expanded from 3.5 miles to within a 4-mile 
radius of the airport, excluding the airspace in the Oakland 
Metropolitan Airport Class C Surface Area. The extension 1.8 miles each 
side of the 119[deg] bearing to the southeast is no longer needed and 
would be removed. These modifications would bring the airspace up to 
current standards and provide additional protection for circling.
    Class E airspace extending upward from the surface would be 
established with the same lateral boundaries as the Class D. This would 
provide 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 would be established to capture aircraft as they descend through 
1,000 feet AGL while using the RNAV Approach to Runway 28L.
    In addition, the term Airport Facility/Directory would be replaced 
with Chart Supplement, the name of the airport and the geographical 
coordinates for Hayward Executive and Metropolitan Oakland 
International airports would be updated to match the FAA's National 
Airspace System Resource (NASR) database.
    Class D and Class E airspace designations are published in 
paragraph 5000, 6002, 6004, of FAA Order 7400.11E, dated July 21, 2020, 
and effective September 15, 2020, 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 the Order.
    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 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, when promulgated, would not have a 
significant economic impact on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

[[Page 57172]]

Environmental Review

    This proposal will be subject to an environmental analysis in 
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies 
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend 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(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 Part 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 4-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 4-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 4-mile radius to 9 miles 
from the airport.

    Issued in Seattle, Washington, on September 8, 2020.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-20223 Filed 9-14-20; 8:45 am]
BILLING CODE 4910-13-P