# Damage tolerance and fatigue evaluation of structure.
**AGENCY:**
Federal Aviation Administration (FAA), DOT.
**ACTION:**
Final rule; technical amendment.
**SUMMARY:**
This action corrects a paragraph reference that appeared in the final rule, Airworthiness Standards; Airframe Rules Based on European Joint Aviation Requirements, which the FAA published in the *Federal Register* on February 9, 1996. In that final rule, the FAA inadvertently changed a paragraph reference. The intent of this action is to correct the error in the regulation to ensure the requirement is clear and accurate.
**DATES:**
*Effective Date:* April 11, 2008.
**FOR FURTHER INFORMATION CONTACT:**
Pat Mullen, Regulations and Policy, ACE-111, Federal Aviation Administration, 901 Locust Street, Kansas City, MO 64106; telephone (816) 329-4111; e-mail *[email protected]* .
**SUPPLEMENTARY INFORMATION:**
On February 9, 1996, the FAA published in the *Federal Register* (61 FR 5147) a final rule that amended § 23.573(b) by removing the reference “§ 23.571(c)” and adding the reference “§ 23.571(a)(3)” in its place. Paragraph (a)(3) of § 23.571 does not exist, and the reference to § 23.571(c) should have remained. This document corrects § 23.573(b) to reflect the correct paragraph reference, § 23.571(c). This correction will not impose any additional requirements.
**Technical Amendment**
This technical amendment will correct § 23.573(b) to properly reference § 23.571(c).
**Justification for Immediate Adoption**
Because this action corrects an incorrect paragraph reference, the FAA finds that notice and public comment under 5 U.S.C. 553(b) is unnecessary. For the same reason, the FAA finds that good cause exists under 5 U.S.C. 553(d) for making this rule effective upon publication.
**List of Subjects in 14 CFR Part 23**
Aircraft, Aviation safety, Signs and symbols.
**14 CFR Part 23**
**The Amendment**
Accordingly, Title 14 of the Code of Federal Regulations (CFR) part 23 is amended as follows:
**PART 23—AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND COMMUTER CATEGORY AIRPLANES**
1. The authority citation for part 23 continues to read as follows:
**Authority:**
49 U.S.C. 106(g), 40013, 44701, 44702, 44704.
**14 CFR Part 23**
2. Amend § 23.573 by revising the first sentence in paragraph (b) introductory text to read as follows:
§ 23.573
(b) *Metallic airframe structure* . If the applicant elects to use § 23.571(c) or § 23.572(a)(3), then the damage tolerance evaluation must include a determination of the probable locations and modes of damage due to fatigue, corrosion, or accidental damage. * * *
Issued in Washington, DC, on April 7, 2008.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.