Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63063

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–19333; Airspace 

Docket No. 04–ACE–62] 

Modification of Class E Airspace; 

Warrensburg, MO

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends Title 14 

Code of Federal Regulations, part 71 (14 

CFR 71) by revising Class E airspace at 

Warrensburg, MO. A review of the Class 

E airspace area extending upward from 

700 feet above the surface at 

Warrensburg, MO revealed it does not 

reflect the current Skyhaven Airport 

airport reference point (APR) and is not 

in compliance with established airspace 

criteria. This airspace area in enlarged 

and modified to conform to FAA 

Orders.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 30, 2004.

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2004–19333/

Airspace Docket No. 04–ACE–62, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address.

FOR FURTHER INFORMATION CONTACT:

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Warrensburg, MO. An examination of 

controlled airspace for Warrensburg, 

MO revealed that the Skyhaven Airport 

ARP used in the legal description for 

this Class E airspace area is incorrect 

and that the airspace area does not 

comply with airspace requirements for 

diverse departures as set forth in FAA 

Order 7400.2E, Procedures for Handling 

Airspace Matters. The examination also 

revealed that the Class E airspace area 

extension is no longer required in order 

for the airspace area to comply with 

airspace requirements in FAA Orders 

7400.2E, and 8260.19C, Flight 

Procedures and Airspace. This action 

expands the Warrensburg, MO Class E 

airspace area extending upward from 

700 feet above the surface from a 6-mile 

radius to a 7-mile radius of Skyhaven 

Airport, corrects the ARP in the legal 

description, deletes the airspace 

extension and brings the legal 

description of the airspace area into 

compliance with FAA Orders 7400.2E 

and 8620.19C. This area will be 

depicted on appropriate aeronautical 

charts. Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the earth are published in 

paragraph 6005 of FAA Order 7400.9M, 

Airspace Designations and Reporting 

Points, dated August 30, 2004, and 

effective September 16, 2004, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order.

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they made 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. 

Commenters 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–2004–19333/Airspace 

Docket No. 04–ACE–62.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Agency Findings 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation is noncontroversial and 

unlikely to result in adverse or negative 

comments. For the reasons discussed in 

the preamble, I certify that this 

regulation (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979); and (3) if 

promulgated, will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

FlexibilityAct.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, 

Navigation (air).

Adoption of the Amendment

■ Accordingly, the Federal Aviation 

Administration amends 14 CFR part 71 

as follows:

63064 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS

■ 1. The authority citation 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 14 

CFR 71.1 of Federal Aviation 

Administration Order 7400.9M, dated 

August 30, 2004, and effective 

September 16, 2004, is amended as 

follows:

* * * * *

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth.

* * * * *

ACE MO E5 Warrensburg, MO 

Warrensburg, Skyhaven Airport, MO 

(Lat. 38°47′03′′ N., long 93°48′10′′ W.)

That airspace extending upward from 700 

feet above the surface within a 7-mile radius 

of Skyhaven Airport.

* * * * *

Issued in Kansas City, MO, on October 21, 

2004. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations.

[FR Doc. 04–24260 Filed 10–28–04; 8:45 am] 

BILLING CODE 4910–13–M

CENTRAL INTELLIGENCE AGENCY

32 CFR Part 1910

Debarment and Suspension 

Procedures

AGENCY: Central Intelligence Agency.

ACTION: Final rule.

SUMMARY: In accordance with its 

statutory procurement authorities, the 

Central Intelligence Agency (CIA) has 

established a policy whereby the rights 

of CIA contractors in all matters 

involving debarment and suspension 

will be governed by the debarment and 

suspension provisions of the Federal 

Acquisition Regulation.

DATES: Effective October 29, 2004.

FOR FURTHER INFORMATION CONTACT:

Harvy P. Cooper, Legal Staff, Office of 

the Chief Information Officer, Central 

Intelligence Agency, telephone 703–

613–1287.

SUPPLEMENTARY INFORMATION: None.

List of Subjects in 32 CFR Part 1910

Debarment and suspension 

procedures.

■ For the reasons stated in the preamble, 

the Central Intelligence Agency adds 32 

CFR Part 1910 as follows:

PART 1910—DEBARMENT AND 

SUSPENSION PROCEDURES

Sec. 

1910.1 General.

Authority: 50 U.S.C. 401–442; 50 U.S.C. 

403a–403u; 48 CFR ch. 1, subpart 9.4.

§ 1910.1 General. 

The Central Intelligence Agency 

(CIA), in accordance with its authorities 

under the Central Intelligence Agency 

Act of 1949, as amended, and the 

National Security Act of 1947, as 

amended, has an established debarment 

and suspension process in accordance 

with subpart 9.402(d) of the Federal 

Acquisition Regulation (FAR). This 

process and the causes for debarment 

and suspension are consistent with 

those found in FAR 9.406 and 9.407. 

The rights of CIA contractors in all 

matters involving debarment and 

suspension are hereby governed by the 

provisions of subpart 9.4 of the FAR.

Dated: October 14, 2004. 

Edmund Cohen, 

Director of Information Management Services, 

Office of the Chief Information Officer.

[FR Doc. 04–24218 Filed 10–28–04; 8:45 am] 

BILLING CODE 6310–02–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD05–04–052] 

RIN 1625–AA09

Drawbridge Operation Regulation; Spa 

Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing 

the regulations that govern the operation 

of the S181 Bridge, mile 0.4, across Spa 

Creek, at Annapolis, Maryland. These 

regulations are necessary to facilitate 

public safety and expedite vehicular 

traffic from the City of Annapolis after 

the annual firework display. This 

change to the drawbridge operation 

schedule will allow the S181 Bridge to 

remain in the closed position from 8:30 

p.m. to 11 p.m. on July 4th, of every 

year. In the event of inclement weather, 

the alternate date is July 5th.

DATES: This rule is effective: November 

29, 2004.

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket are part of 

docket CGD05–04–052 and are available 

for inspection or copying at the 

Commander (obr), Fifth Coast Guard 

District, Federal Building, 4th Floor, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Gary 

S. Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6227.

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On May 17, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Spa Creek, Annapolis, MD’’

in the Federal Register (69 FR 27870). 

We received no comments on the 

proposed rule. No public meeting was 

requested or held. 

Background and Purpose 

The City of Annapolis Recreation and 

Parks Department (the Department) on 

behalf of Maryland Department of 

Transportation, who owns and operates 

the S181 Bridge, requested a change to 

the operating regulations set out in 33 

CFR 117.571. 

In accordance with 33 117.37(a) for 

reason of public safety or for public 

functions, the District Commander may 

authorize the opening and closing of a 

drawbridge for a specified period of 

time. 

Due to the high volume of spectators 

that attend this annual event, it is 

necessary to close the draw span to 

vessels between the hours of 8:30 p.m. 

to 11 p.m. to help expedite exiting 

vehicular traffic from the City of 

Annapolis after the fireworks display. 

This will reduce vehicular traffic 

congestion and increase public safety. 

Under this rule, the S181 Bridge will 

be allowed to remain in the closed 

position to vessels from 8:30 p.m. to 11 

p.m. on July 4th, of every year. In the 

event of inclement weather, the 

alternate date is July 5th. 

Since the Annapolis Fireworks 

Display is a well-known annual event, 

and it is publicly advertised, vessel 

operators can arrange their transits to 

minimize any impact caused by the 

closure. Vessels with a mast height less 

than 15 feet at high water can still