[Federal Register Volume 69, Number 108 (Friday, June 4, 2004)]
[Rules and Regulations]
[Pages 31522-31523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12615]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 139

[Docket No. FAA-2000-7479; Amendment Nos. 121-304, 139-26]
RIN 2120-AG96


Certification of Airports; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes 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.

FOR FURTHER INFORMATION CONTACT: Linda Bruce, Airport Safety and 
Operations Division, Office of Airport Safety and Standards, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8553.

DATES: Effective Date: This correction is effective on June 9, 2004.

SUPPLEMENTARY INFORMATION: The FAA published in the Federal Register of 
February 10, 2004 (69 FR 6380), a final rule revising the airport 
certification regulation 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.
    The final rule preamble states that air carriers can continue to 
operate aircraft with more than 9 seats, but less than 31 seats, into 
airports that are not obligated to obtain the appropriate airport 
operating certificate until December 9, 2005. However, the rule 
language is causing the regulated community some uncertainty in 
interpreting this provision. Therefore, the FAA is clarifying this rule 
language. This clarification is consistent with the intent of the 
preamble for the final rule and will remove uncertainty in the 
regulated community. In addition, there are several minor technical 
edits to the rule language.
    We intend no substantive changes to any of the requirements 
established by the final rule. These corrections do 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 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.

Corrections

0
In final rule FR Doc. 04-2255, published on February 10, 2004 (69 FR 
6380), make the following corrections:
0
1. On page 6380, in column 1 in the heading section, beginning on line 
four, correct ``Amendment Nos. 121-304, 135-94'' to read ``Amendment 
Nos. 121-304, 139-26''.


Sec.  121.590  [Corrected]

0
2. On page 6424, in column 1, Sec.  121.590(b), correctly designate 
paragraph (b) as (b)(1).

0
3. On page 6424, in column 1, Sec.  121.590, add paragraph (b)(2) to 
read as follows:
* * * * *
    (2) Until December 9, 2005, an air carrier and a pilot being used 
by the air carrier in the conduct of domestic type operations and flag 
type operations, may operate an airplane designed for more than 9 but 
less than 31 passenger seats, at a land airport, in any State of the 
United States, the District of Columbia, or any territory or possession 
of the United States, that does not hold an airport operating 
certificate issued under part 139 of this chapter, and that serves 
small air carrier aircraft (as defined under ``Air carrier aircraft'' 
and ``Class III airport'' in Sec.  139.5 of this Chapter).
* * * * *


Sec.  139.203  [Corrected]

* * * * *

0
4. On page 6428, Sec.  139.203(b), in item 23 of the table, in the 
fifth column, add an ``X'' under Class IV.


Sec.  139.303  [Corrected]

0
5. On page 6429, in columns 1 and 2, Sec.  139.303(e), correctly 
designate subparagraphs (i) through (vi) as (1) through (6).


Sec.  139.305  [Corrected]

0
6. On page 6429, in column 2, Sec.  139.305, correct the text of 
paragraph(a)(3) to read as follows:
* * * * *
    (3) The pavement must be free of cracks and surface variations that 
could impair directional control of air carrier aircraft, including any 
pavement crack or surface deterioration that produces loose aggregate 
or other contaminants.
* * * * *


Sec.  139.315  [Corrected]

0
7. On page 6431, in column 1, Sec.  139.315(e), correctly designate

[[Page 31523]]

subparagraphs (i) through (iv) as (1) through (4).


Sec.  139.317  [Corrected]

0
8. On page 6431, in column 3, on line six of Sec.  139.317(k), add the 
date, ``June 9, 2004'', at the end of the sentence after the word 
``after''.


Sec.  139.319  [Corrected]

0
9. On page 6432, in column 1, on line three of Sec.  139.319(g)(3), 
correct the reference ``(h)(1)'' to read ``(g)(1)''.

    Issued in Washington, DC, on, May 27, 2004.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 04-12615 Filed 6-1-04; 12:58 pm]
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