[Federal Register: May 3, 2004 (Volume 69, Number 85)]
[Rules and Regulations]
[Page 24069-24070]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my04-12]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 139
[Docket No. FAA-2000-7479; Amendment Nos. 121-304, 135-94]
RIN 2120-AG96
Certification of Airports
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; technical correction.
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SUMMARY: The Federal Aviation Administration (FAA) is making a minor
technical change to a final rule published in the Federal Register on
February 10, 2004 (69 FR 6380). That final rule revises the airport
certification regulations and establishes certification requirements
for certain airports. This technical change substitutes for the word
``shall'' the word ``must'' to reflect the current legal practice for
mandatory language. It also provides consistent use of this word within
the part. This correction is not a substantive change.
Effective Dates: These technical changes are effective on June 9,
2004.
FOR FURTHER INFORMATION CONTACT: Linda Bruce; Airport Safety and
Operations Division; Office of Airport Safety and Standards; FAA; 800
Independence Avenue, SW.; Washington, DC 20591; telephone (202) 267-
8553; or e-mail Linda.Bruce@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA published in the Federal Register of
February 10, 2004 (69 FR 6380), a final rule revising the airport
certification regulations and establishing certification requirements
for airports serving scheduled air carrier operations in aircraft
designed for more than 9 passenger seats, but less than 31 passenger
seats. The final rule also amends the air carrier operation regulations
to conform with changes to airport certification requirements. The
final rule is necessary to ensure safety in air transportation at all
certificated airports and becomes effective June 9, 2004.
In 14 CFR part 139, the final rule establishes a large number of
requirements applicable to both airport and aircraft operators. The
final rule uses both the word ``shall'' and the word ``must'' to
establish the requirements. For example, compare final Sec.
139.907(a)(3) ``The full-strength surfaces shall be adequately
compacted * * *.'' with final Sec. 139.907(a)(4) ``The full-strength
surfaces must have no holes * * *.'' The FAA is concerned that two
different ways of establishing requirements may suggest separate
meanings. It is simpler and clearer to establish requirements in a
consistent manner. For this reason, we are using this technical
correction to change all requirements to a consistent format. We have
chosen to replace ``shall'' with ``must'' to avoid possible confusion
over the meaning of ``shall.'' This action is consistent with the
advice of legal drafting authorities. See Bryan A. Garner, A Dictionary
of Modern Legal Usage, 939-42 (2nd ed. 1995) and Richard C. Wydick,
Plain English for Lawyers, 66-67 (4th ed. 1998). This change is
editorial in nature. We intend no substantive changes to any of the
requirements established by the final rule. This correction does not
impose any additional requirements on operators affected by these
regulations.
Justification for Expedited Rulemaking
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary, or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's action final without prior
proposal and opportunity for comment because the changes to the rule
are minor technical corrections and do not change the requirements of
the rule. Thus, notice and public procedure are unnecessary.
List of Subjects in 14 CFR Part 139
Air carriers, Airports, Aviation safety, Reporting and
recordkeeping requirements.
The Amendment
0
Accordingly, the FAA amends Chapter 1 of Title 14 of the Code of
Federal Regulations as follows:
PART 139--CERTIFICATION OF AIRPORTS
0
1. The authority citation for part 139 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44706, 44709, 44719.
0
2. Amend Part 139 by correcting all references to the word ``shall'' to
read ``must'' in the following locations:
a. Section 139.7;
b. The introductory language of Sec. 139.103;
c. Section 139.105;
d. The second and third sentences of Sec. 139.113;
[[Page 24070]]
e. The introductory language of paragraph (b) and paragraph (c) of
Sec. 139.201;
f. Paragraphs (a) and (b) of Sec. 139.203;
g. Paragraph (b) of Sec. 139.205;
h. The introductory language of Sec. 139.301;
i. The introductory language, the second and third sentences of
paragraph (c), and the second sentence of paragraph (d) of Sec.
139.303;
j. The introductory language of paragraph (a) and paragraphs (a)(1)
through (a)(6) of Sec. 139.305;
k. The introductory language of paragraph (a) and paragraphs (a)(1)
through (a)(3) of Sec. 139.307;
l. The introductory language of paragraphs (a) and (b) and
paragraphs (b)(1) through (b)(4) of Sec. 139.309;
m. The introductory language of paragraphs (a) and (b); paragraphs
(b)(2) and (3); the first and second sentences of paragraph (c); and
paragraphs (d), (e), and (g) of Sec. 139.311;
n. Paragraph (a) and the introductory language of paragraph (b) of
Sec. 139.313;
o. The first and second sentences of the introductory language of
paragraph (f), paragraph (f)(2), and paragraphs (i) and (k) of Sec.
139.317;
p. Paragraphs (a) and (b); the introductory language of paragraphs
(d) through (g); paragraphs (g)(1) and (2); the first, second, and
third sentences of paragraph (g)(3); the introductory language of
paragraph (h); the introductory language of paragraph (h)(2);
paragraphs (h)(2)(i) and (ii); the introductory language of paragraph
(i); the second and third sentences of paragraph (i)(2); paragraph
(i)(3); the second and third sentences of paragraph (i)(4); paragraph
(i)(5); and paragraphs (j), (k), and (m) of Sec. 139.319;
q. The first and second sentences of paragraphs (a) and (b),
paragraph (c) in two places, paragraph (d), the introductory language
of paragraph (e), the first and second sentences of paragraph (e)(1),
paragraph (e)(2), and the first and second sentences of paragraphs (f)
and (g) of Sec. 139.321;
r. The first and second sentences of the introductory language of
paragraph (a); paragraph (e); the first and third sentences of
paragraph (f); the introductory language of paragraph (g); and
paragraphs (h), (i), and (k) of Sec. 139.325;
s. The introductory language of paragraphs (a), (b), (b)(3), and
(c) of Sec. 139.327;
t. The introductory language and the second sentences of paragraph
(f)(1) and (2) of Sec. 139.329;
u. The first sentence of Sec. 139.331;
v. The introductory language of Sec. 139.333;
w. The introductory language of paragraph (a) of Sec. 139.335;
x. Paragraph (a) and the introductory language of paragraphs (b)
through (e) of Sec. 139.337;
y. The introductory language and paragraph (d) of Sec. 139.339;
z. The introductory language of paragraph (a) of Sec. 139.341; and
aa. Section 139.343.
Issued in Washington, DC, on April 27, 2004.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 04-9912 Filed 4-30-04; 8:45 am]
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