Discussion \n\n\tWe issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Boeing Model 777 airplanes. That NPRM was published in the Federal Register on January 10, 2008 (73 FR 1844). That NPRM proposed to require an inspection to determine the manufacturer and manufacture date of the oxygen masks in the center and outboard passenger service units (PSUs), crew rests, and lavatory and flight attendant oxygen boxes, as applicable. The NPRM also proposed to require related investigative/corrective actions if necessary. \n\nComments \n\n\tWe gave the public the opportunity to participate in developing this AD. We considered the comments received from the two commenters. \n\nRequest To Revise the Relevant Service Information Section \n\n\tBoeing requests that we revise the Relevant Service Information section of the NPRM to include a general visual inspection of the flow indicator to determine whether the letter "W" appears on the right side of the identification (ID) label. Boeing states that this inspection should be included in the NPRM, since the presence of the letter "W" on the ID label indicates that the corrective actions have already been accomplished. \n\n\tWe agree to clarify the related investigative and corrective actions required by this AD. If the ID label on the oxygen mask shows that the mask was manufactured by B/E Aerospace between January 1, 2002 and March 1, 2006, then the related investigative action must be done. The related investigative action includes doing a general visual inspection of the flow indicator to determine the color of the flow direction mark and the word "flow" on the flow indicator, and to determine whether the letter "W" appears on the right side of the ID label. If the flow direction mark and the word "flow" on the flow indicator of the oxygen mask are not green and the letter "W" is not shown on the right side of the ID label, then the corrective action must be done. The corrective action includes replacing the oxygen mask with one that was not manufactured by B/E Aerospace between January 1, 2002, and March 1, 2006, or with a modified oxygen mask having an improved flow indicator. We have revised paragraph (f) of this AD accordingly. (Boeing Special Attention Service Bulletin 777-35-0019, dated March 9, 2006, refers to B/E Aerospace Service Bulletin 174080- 35-01, dated February 6, 2006; and Revision 1, dated May 1, 2006; as additional sources of service information for modifying the oxygen mask assembly by replacing the flow indicator with an improved flow indicator.) The intent of this AD is to accomplish all of the applicable actions specified in the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-35-0019. Since the Relevant Service Information section is not retained in an AD, we have not changed this AD in this regard. \n\nRequest To Revise the Discussion Section \n\n\tBoeing requests that we add a statement to the Discussion section of the NPRM clarifying that only masks manufactured by B/E Aerospace between January 1, 2002 and March 1, 2006 would require corrective action. Boeing states that no further action is required for oxygen masks manufactured outside those dates or manufactured by other suppliers. Boeing also states that not including all of the contents of Boeing Special Attention Service Bulletin 777-35-0019 in this AD, and not clarifying the intent of the AD, will generate many requests for clarification from operators. \n\n\tWe have clarified the requirements of this AD in our response to the previous comment. No additional change to this AD is necessary in this regard, since the Discussion section of the NPRM is not retained in this final rule. \n\nRequest To Delete Certain Requirements or Add a Terminating Action \n\n\tBritish Airways states that it does not agree with the proposed requirement to replace a discrepant oxygen maskwith one having an improved flow indicator because only the oxygen masks identified in Boeing Special Attention Service Bulletin 777-35-0019 are potentially defective. The commenter also states that it has inspected some of its airplanes and replaced all discrepant masks with new masks that do not fall within the rejection criteria. The commenter believes that it should not have to re-inspect the oxygen mask assemblies for the presence of an improved flow indicator after this AD is issued. The commenter, therefore, requests that we revise this AD in either one of the following ways: \n\n\tDelete the phrase from paragraph (f) of this AD that states "* * * except where the service bulletin specifies installing a new oxygen mask, replace the oxygen mask with a new or modified oxygen mask having an improved flow indicator." \n\n\tAdd a statement to this AD specifying that inspections done in accordance with Boeing Special Attention Service Bulletin 777- 35-0019 before issuance of this AD comply with the intent of this AD and do not need to be repeated. \n\n\tWe agree that inspections done in accordance with Boeing Special Attention Service Bulletin 777-35-0019 before the effective date of this AD do not need to be accomplished again. However, no change is necessary in this regard, since a similar statement is contained already in paragraph (e) of this AD. Further, as stated previously, we have clarified the phrase regarding replacement of the oxygen mask in paragraph (f) of this AD. The intent of that phrase is to provide the option of replacing a discrepant oxygen mask with one that was not manufactured by B/E Aerospace between January 1, 2002, and March 1, 2006, or with a modified oxygen mask having an improved flow indicator in accordance with B/E Aerospace Service Bulletin 174080-35-01. \n\nConclusion \n\n\tWe reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously. We also determined that this change will not increase the economic burden on any operator or increase the scope of the AD. \n\nCosts of Compliance \n\n\tThere are about 433 airplanes of the affected design in the worldwide fleet. This AD affects about 123 airplanes of U.S. registry. The required actions take about 70 work hours per airplane, with an average of 480 oxygen masks per airplane, at an average labor rate of $80 per work hour. Based on these figures, the estimated cost of the AD for U.S. operators is $688,800, or $5,600 per airplane. \n\nAuthority for This Rulemaking \n\n\tTitle 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. "Subtitle VII: Aviation Programs," describes in more detail the scope of the Agency's authority. \n\n\tWe are issuing this rulemaking under the authority described in "Subtitle VII, Part A, Subpart III, Section 44701: General requirements." Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. \n\nRegulatory Findings \n\n\tThis AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. \n\n\tFor the reasons discussed above, I certify that this AD: \n\n\t(1) Is not a "significant regulatory action" under Executive Order 12866, \n\n\t(2) Is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034,February 26, 1979), and \n\n\t(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. \n\n\tYou can find our regulatory evaluation and the estimated costs of compliance in the AD Docket. \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. \n\nAdoption of the Amendment \n\nAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n1. The authority citation for part 39 continues to read as follows: \n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\nSec. 39.13 (Amended) \n\n2. The FAA amends Sec. 39.13 by adding the following new AD: