[Federal Register Volume 69, Number 85 (Monday, May 3, 2004)]
[Rules and Regulations]
[Pages 24069-24070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9912]


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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 [email protected].

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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