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[Federal Register Volume 78, Number 184 (Monday, September 23, 2013)]
[Rules and Regulations]
[Pages 58159-58160]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22846]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0530; Airspace Docket No. 13-AWP-9]

Establishment of Class E Airspace; Battle Mountain, NV

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at the Battle 
Mountain VHF Omni-Directional Radio Range Tactical Air Navigational Aid 
(VORTAC) navigation aid, Battle Mountain, NV, to facilitate vectoring 
of Instrument Flight Rules (IFR) aircraft under control of Salt Lake 
City, Oakland and Los Angeles Air Route Traffic Control Centers 
(ARTCCs). This improves the safety and management of IFR operations 
within the National Airspace System.

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 10, 2013, the FAA published in the Federal Register a 
notice of proposed rulemaking (NPRM) to establish controlled airspace 
at Battle Mountain, NV (78 FR 41335). Interested parties were invited 
to participate in this rulemaking effort by submitting

[[Page 58160]]

written comments on the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6006, of 
FAA Order 7400.9X dated August 7, 2013, and effective September 15, 
2013, which is incorporated by reference in 14 CFR 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 en route domestic airspace extending 
upward from 1,200 feet above the surface, at the Battle Mountain VORTAC 
navigation aid, Battle Mountain, NV, to accommodate IFR aircraft under 
control of Salt Lake City, Oakland and Los Angeles ARTCCs by vectoring 
aircraft from en route airspace to terminal areas. 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 
controlled airspace at the Battle Mountain VORTAC, Battle Mountain, NV.

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 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 6006 En Route Domestic Airspace Areas.

* * * * *

ANM NV E6 Battle Mountain, NV [New]

Battle Mountain VORTAC, NV
    (Lat. 40[deg]34'09'' N., long. 116[deg]55'20'' W.)

    That airspace extending upward from 1,200 feet above the surface 
within an area bounded by Lat. 41[deg]08'22'' N., long. 
114[deg]57'44'' W.; to Lat. 40[deg]40'40'' N., long. 114[deg]28'45'' 
W.; to Lat. 40[deg]06'57'' N., long. 114[deg]37'44'' W.; to Lat. 
39[deg]38'25'' N., long. 114[deg]42'19'' W.; to Lat. 38[deg]28'04'' 
N., long. 114[deg]21'28'' W.; to Lat. 38[deg]19'56'' N., long. 
114[deg]09'07'' W.; to Lat. 38[deg]23'43'' N., long. 113[deg]12'48'' 
W.; to Lat. 37[deg]48'00'' N., long. 113[deg]30'00'' W.; to Lat. 
37[deg]49'25'' N., long. 113[deg]42'01'' W.; to Lat. 37[deg]53'44'' 
N., long. 113[deg]42'03'' W.; to Lat. 38[deg]01'00'' N., long. 
114[deg]12'03'' W.; to Lat. 38[deg]01'00'' N., long. 114[deg]30'03'' 
W.; to Lat. 37[deg]59'59'' N., long. 114[deg]42'06'' W.; to Lat. 
37[deg]53'00'' N., long. 116[deg]11'03'' W.; to Lat. 37[deg]53'00'' 
N., long. 116[deg]26'03'' W.; to Lat. 37[deg]53'00'' N., long. 
116[deg]50'00'' W.; to Lat. 38[deg]13'30'' N., long. 117[deg]00'00'' 
W.; to Lat. 38[deg]13'30'' N., long. 117[deg]16'30'' W.; to Lat. 
37[deg]55'11'' N., long. 117[deg]53'37'' W.; to Lat. 39[deg]39'28'' 
N., long. 117[deg]59'55'' W.; to Lat. 40[deg]04'38'' N., long. 
118[deg]49'42'' W., thence to the point of beginning.

    Issued in Seattle, Washington, on September 11, 2013.
Christopher Ramirez,
Acting Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-22846 Filed 9-20-13; 8:45 am]
BILLING CODE 4910-13-P
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