Federal Register / Vol. 69, No. 85 / Monday, May 3, 2004 / Rules and Regulations 24069

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, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; 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 Federal Aviation 

Administration Order 7400.9L, Airspace 

Designations and Reporting Points,

dated September 2, 2003, and effective 

September 16, 2003, is amended as 

follows:

* * * * *

Paragraph 6005 Class E airspace extending 

upward from 700 feet or more above the 

surface of the earth.

* * * * *

AAL AK E5 Wales, AK [New] 

Wales Airport, AK 

(Lat. 65°37′26′′ N., long. 168°05′57′′ W.)

That airspace extending upward from 700 

feet above the surface within a 6.35-mile 

radius of the Wales Airport and that airspace 

extending upward from 1,200 feet above the 

surface within an area bounded by 65°24′00′′

N 168°30′00′′ W to 65°53′00′′ N 168°30′00′′ W 

to 66°00′00′′ N 167°50′00′′ W to 65°24′00′′ N 

167°50′00′′ W to point of beginning excluding 

that airspace within Tin City Class E airspace 

area.

* * * * *

Issued in Anchorage, AK, April 22, 2004. 

Anthony M. Wylie, 

Acting Manager, Air Traffic Division, Alaskan 

Region.

[FR Doc. 04–9910 Filed 4–30–04; 8:45 am] 

BILLING CODE 4910–13–P

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.

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 § 139.907(a)(3) ‘‘The full-strength 

surfaces shall be adequately compacted 

* * *.’’ with final § 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

■ Accordingly, the FAA amends Chapter 

1 of Title 14 of the Code of Federal 

Regulations as follows:

PART 139—CERTIFICATION OF 

AIRPORTS

■ 1. The authority citation for part 139 

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701–

44706, 44709, 44719.

■ 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 

§ 139.103; 

c. Section 139.105; 

d. The second and third sentences of 

§ 139.113; 

24070 Federal Register / Vol. 69, No. 85 / Monday, May 3, 2004 / Rules and Regulations 

e. The introductory language of 

paragraph (b) and paragraph (c) of 

§ 139.201; 

f. Paragraphs (a) and (b) of § 139.203; 

g. Paragraph (b) of § 139.205; 

h. The introductory language of 

§ 139.301; 

i. The introductory language, the 

second and third sentences of paragraph 

(c), and the second sentence of 

paragraph (d) of § 139.303; 

j. The introductory language of 

paragraph (a) and paragraphs (a)(1) 

through (a)(6) of § 139.305; 

k. The introductory language of 

paragraph (a) and paragraphs (a)(1) 

through (a)(3) of § 139.307; 

l. The introductory language of 

paragraphs (a) and (b) and paragraphs 

(b)(1) through (b)(4) of § 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 § 139.311; 

n. Paragraph (a) and the introductory 

language of paragraph (b) of § 139.313; 

o. The first and second sentences of 

the introductory language of paragraph 

(f), paragraph (f)(2), and paragraphs (i) 

and (k) of § 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 § 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 § 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 

§ 139.325; 

s. The introductory language of 

paragraphs (a), (b), (b)(3), and (c) of 

§ 139.327; 

t. The introductory language and the 

second sentences of paragraph (f)(1) and 

(2) of § 139.329; 

u. The first sentence of § 139.331; 

v. The introductory language of 

§ 139.333; 

w. The introductory language of 

paragraph (a) of § 139.335; 

x. Paragraph (a) and the introductory 

language of paragraphs (b) through (e) of 

§ 139.337; 

y. The introductory language and 

paragraph (d) of § 139.339; 

z. The introductory language of 

paragraph (a) of § 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] 

BILLING CODE 4910–13–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 1

[Docket No. 2004D–0065] 

Guidance for Industry: Questions and 

Answers Regarding the Interim Final 

Rule on Prior Notice of Imported Food 

(Edition 2); Availability

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Notice of availability of 

guidance.

SUMMARY: The Food and Drug 

Administration (FDA) is announcing the 

availability of a revised guidance 

entitled ‘‘Questions and Answers 

Regarding the Interim Final Rule on 

Prior Notice of Imported Food (Edition 

2).’’ The guidance responds to various 

questions raised about section 307 of the 

Public Health Security and Bioterrorism 

Preparedness and Response Act of 2002 

(the Bioterrorism Act) and the agency’s 

implementing regulation, which require 

the submission to FDA of prior notice of 

food, including animal feed, that is 

imported or offered for import into the 

United States.

DATES: Submit written or electronic 

comments on the agency guidance at 

any time.

ADDRESSES: Submit written requests for 

single copies of the guidance to the 

Office of Regulatory Affairs, Office of 

Regional Operations, Food and Drug 

Administration, 5600 Fishers Lane, 

Rockville, MD 20857, or to the Prior 

Notice Help Desk at 1–800–216–7331 or 

301–575–0156, or FAX: 301–210–0247. 

See the SUPPLEMENTARY INFORMATION

section for electronic access to the 

guidance document. Submit written 

comments on the guidance to the 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. Submit electronic comments 

to http://www.fda.gov/dockets/

ecomments.

FOR FURTHER INFORMATION CONTACT:

Domenic Veneziano, Office of 

Regulatory Affairs, Office of Regional 

Operations, Food and Drug 

Administration, 5600 Fishers Lane, 

Rockville, MD 20857, 866–521–2297.

SUPPLEMENTARY INFORMATION:

I. Background

In the Federal Register of October 10, 

2003 (68 FR 58974), FDA issued an 

interim final rule (IFR) to implement 

section 307 of the Bioterrorism Act. The 

prior notice regulation requires the 

submission to FDA beginning on 

December 12, 2003, of prior notice of 

food, including animal feed, that is 

imported or offered for import into the 

United States. On December 16, 2003, 

FDA issued the first edition of a 

guidance entitled ‘‘Prior Notice of 

Imported Food Questions and Answers 

(Edition 1).’’ This guidance entitled 

‘‘Questions and Answers Regarding the 

Interim Final Rule on Prior Notice of 

Imported Food (Edition 2)’’ is a revision 

of the guidance published on December 

16, 2003, and responds to additional 

questions about the prior notice IFR. It 

is intended to help the industry better 

understand and comply with the 

regulation in 21 CFR part 1, subpart I. 

FDA is issuing this guidance entitled 

‘‘Questions and Answers Regarding the 

Interim Final Rule on Prior Notice of 

Imported Food (Edition 2)’’ as a level 1 

guidance. Consistent with FDA’s good 

guidance practices regulation 

(§ 10.115(g)(2) (21 CFR 10.115)(g)(2)), 

the agency will accept comments, but it 

is implementing the guidance document 

immediately, in accordance with 

§ 10.115(g)(2), because the agency has 

determined that prior public 

participation is not feasible or 

appropriate. As noted, the Bioterrorism 

Act requires prior notice submission to 

FDA starting on December 12, 2003. 

Clarifying the provisions of the IFR will 

facilitate timely and accurate prior 

notice submissions and thus, assist in 

the implementation of the IFR. FDA 

continues to receive a large number of 

questions regarding the prior notice IFR, 

and is responding to these inquires 

under § 10.115 as promptly as possible, 

using a question-and-answer format. 

The agency believes that it is reasonable 

to maintain all responses to questions 

concerning prior notice of imported 

food in a single document that is 

periodically updated as the agency 

receives and responds to additional