E8-7649. 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 [phone]; e-mail [e-mail].

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

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.

2. Amend § 23.573 by revising the first sentence in paragraph (b) introductory text to read as follows:

§ 23.573

Damage tolerance and fatigue evaluation of structure.

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(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.