Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 58159 

Products office found the geographic 

coordinates of the Wasatch VORTAC 

needed to be corrected. This action 

makes the correction. 

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 Wasatch 

VORTAC navigation aid, Wasatch, UT, 

to accommodate IFR aircraft under 

control of Salt Lake City ARTCC by 

vectoring aircraft from en route airspace 

to terminal areas. This action is 

necessary for the safety and 

management of IFR operations. The 

geographic coordinates of the VORTAC 

are adjusted from (Lat. 40°51′10′′ N., 

long. 111°58′55′′ W.) to (Lat. 40°51′01′′ 

N., long. 111°58′55′′ W.) in accordance 

with the FAA’s aeronautical database. 

Except for administrative changes, and 

the changes listed above, this rule is the 

same as that proposed in the NPRM. 

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 Wasatch 

VORTAC, Wasatch, UT. 

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 

■ 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. 

§ 71.1 [Amended] 

■ 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 UT E6 Wasatch, UT [New] 

Wasatch VORTAC, UT 

(Lat. 40°51′01′′ N., long. 111°58′55′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by Lat. 42°27′00′′ N., long. 

113°22′00′′ W.; to Lat. 41°41′49′′ N., long. 

109°29′35′′ W.; to Lat. 41°26′15′′ N., long. 

109°19′46′′ W.; to Lat. 41°10′22′′ N., long. 

109°42′26′′ W.; to Lat. 40°21′23′′ N., long. 

109°42′25′′ W.; to Lat. 39°59′03′′ N., long. 

110°43′27′′ W.; to Lat. 39°37′44′′ N., long. 

111°07′28′′ W.; to Lat. 39°03′55′′ N., long. 

110°37′49′′ W.; to Lat. 38°28′51′′ N., long. 

110°38′05′′ W.; to Lat. 38°10′56′′ N., long. 

111°24′19′′ W.; to Lat. 37°50′39′′ N., long. 

112°24′51′′ W.; to Lat. 37°30′00′′ N., long. 

112°03′30′′ W.; to Lat. 37°30′00′′ N., long. 

113°00′00′′ W.; to Lat. 37°32′02′′ N., long. 

113°07′15′′ W.; to Lat. 37°48′00′′ N., long. 

113°30′00′′ W.; to Lat. 38°23′43′′ N., long. 

113°12′48′′ W.; to Lat. 38°19′56′′ N., long. 

114°09′07′′ W.; to Lat. 38°28′04′′ N., long. 

114°21′28′′ W.; to Lat. 39°38′25′′ N., long. 

114°42′19′′ W.; to Lat. 40°06′57′′ N., long. 

114°37′44′′ W.; to Lat. 40°40′40′′ N., long. 

114°28′45′′ W.; to Lat. 41°08′22′′ N., long. 

114°57′44′′ W.; to Lat. 42°00′00′′ N., long. 

114°42′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. 2013–22840 Filed 9–20–13; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 

mstockstill on DSK4VPTVN1PROD with RULES

58160 Federal Register / Vol. 78, No. 184 / Monday, September 23, 2013 / Rules and Regulations 

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 

■ 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. 

§ 71.1 [Amended] 

■ 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°34′09′′ N., long. 116°55′20′′ W.) 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by Lat. 41°08′22′′ N., long. 

114°57′44′′ W.; to Lat. 40°40′40′′ N., long. 

114°28′45′′ W.; to Lat. 40°06′57′′ N., long. 

114°37′44′′ W.; to Lat. 39°38′25′′ N., long. 

114°42′19′′ W.; to Lat. 38°28′04′′ N., long. 

114°21′28′′ W.; to Lat. 38°19′56′′ N., long. 

114°09′07′′ W.; to Lat. 38°23′43′′ N., long. 

113°12′48′′ W.; to Lat. 37°48′00′′ N., long. 

113°30′00′′ W.; to Lat. 37°49′25′′ N., long. 

113°42′01′′ W.; to Lat. 37°53′44′′ N., long. 

113°42′03′′ W.; to Lat. 38°01′00′′ N., long. 

114°12′03′′ W.; to Lat. 38°01′00′′ N., long. 

114°30′03′′ W.; to Lat. 37°59′59′′ N., long. 

114°42′06′′ W.; to Lat. 37°53′00′′ N., long. 

116°11′03′′ W.; to Lat. 37°53′00′′ N., long. 

116°26′03′′ W.; to Lat. 37°53′00′′ N., long. 

116°50′00′′ W.; to Lat. 38°13′30′′ N., long. 

117°00′00′′ W.; to Lat. 38°13′30′′ N., long. 

117°16′30′′ W.; to Lat. 37°55′11′′ N., long. 

117°53′37′′ W.; to Lat. 39°39′28′′ N., long. 

117°59′55′′ W.; to Lat. 40°04′38′′ N., long. 

118°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 

DEPARTMENT OF JUSTICE 

28 CFR Part 26 

[Docket No. 1540; AG Order No. 3399–2013] 

RIN 1121–AA77 

Certification Process for State Capital 

Counsel System 

AGENCY: Office of the Attorney General, 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: Chapter 154 of title 28, United 

States Code, provides special 

procedures for Federal habeas corpus 

review of cases brought by indigent 

prisoners in State custody who are 

subject to a capital sentence. These 

special procedures are available to 

States that the Attorney General has 

certified as having established 

mechanisms for the appointment, 

compensation, and payment of 

reasonable litigation expenses of 

competent counsel in State 

postconviction proceedings brought by 

such prisoners, and as providing 

standards of competency for the 

appointment of counsel in these 

proceedings. This rule sets forth the 

regulations for the certification 

procedure. 

DATES: Effective Date: This rule is 

effective October 23, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Robert Hinchman, U.S. Department of 

Justice, Office of Legal Policy, 950 

Pennsylvania Avenue NW., Washington, 

DC 20530, at (202) 514–8059 or 

Robert.Hinchman@usdoj.gov. 

SUPPLEMENTARY INFORMATION: Chapter 

154 of title 28, United States Code, 

makes special procedures applicable in 

Federal habeas corpus review of State 

capital judgments if the Attorney 

General has certified ‘‘that [the] State 

has established a mechanism for 

providing counsel in postconviction 

proceedings as provided in section 

2265’’ and ‘‘counsel was appointed 

pursuant to that mechanism, petitioner 

validly waived counsel, petitioner 

retained counsel, or petitioner was 

found not to be indigent.’’ 28 U.S.C. 

2261(b). Section 2265(a)(1) provides 

that, if requested by an appropriate State 

official, the Attorney General must 

mstockstill on DSK4VPTVN1PROD with RULES