A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Boeing Model 747-100, 747- 100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747SP, and 747SR series airplanes, was published in the Federal Register on July 9, 2003 (68 FR 40821). That action proposed to require a one-time inspection of each emergency evacuation slide or slide/raft to determine if a certain discrepant hose assembly is installed, and replacement of the hose assembly with a new or serviceable assembly if necessary. \n\nComments \n\n\tInterested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received. One commenter concurs with the proposed rule. \n\nRequest to Revise Applicability \n\n\tOne commenter requests that the applicability in the proposed rule be revised to apply to "BFGoodrich slides or slide/rafts having part number 7A1238-()(), 7A1239-()(), 7A1248-()(), 7A1261-()(), 7A-1255- ()(), 7A-1256-()(), or 7A-1257-()(), where "()()" represents any dash number of those part numbers, that may be installed on certain Model 747 series airplanes." The commenter states that the applicability of the proposed rule is misleading and could potentially cause compliance and/or record keeping errors because the slides are certified under a Technical Standard Order and may be removed, repaired, overhauled separately from the airplane, moved from airplane to airplane, or stored awaiting installation. Additionally, the commenter states that it is possible that the discrepant slides could be installed on airplane models not listed in the proposed applicability (i.e., Model 747-400 series airplanes). Therefore, the commenter asserts that the proposed rule should be applicable to the component rather than the airplane model. \n\n\tThe FAA does not agree. According to general FAA policy, if anunsafe condition results from the installation of a particular component in only one particular make and model of airplane, the AD would apply to the airplane model, not the component. The reason for this is: If the AD applies to the airplane model equipped with the item, operators of those airplanes will be notified directly of the unsafe condition and the action required to correct it. While we assume that operators can identify the airplane models they operate, they may not be aware of specific items installed on the airplanes. Therefore, specifying the airplane models in the applicability as the subject of the AD prevents an operator's "unknowing failure to comply" with the AD. We recognize that an unsafe condition may exist in an item that is installed in many different airplanes. In that case, we consider it impractical to issue an AD against each airplane; in fact, many times, the exact models and numbers of airplanes on which the item is installed may be unknown. Therefore, inthose situations, the AD would apply to the item and usually indicates that the item is known to be "installed on, but not limited to," various airplane models. In this case, the applicability extends only to those airplane models for which the discrepant escape slides are approved for installation on; the discrepant slides are not approved for installation on Model 747-400 series airplanes. No change to the final rule is necessary in this regard. \n\nRequest To Extend Compliance Time \n\n\tAnother commenter requests that the proposed compliance time be extended from 36 months to 54 months. The commenter states that its current overhaul interval for the affected slides is 54 months. The commenter points out that its maintenance program carries out the Goodrich slide component maintenance manual (CMM) inspections for hydrostatic testing of the hoses during slide overhaul and discards any hose not passing the test. During its 22 years of operating the affected slides on its Model 747 series airplanes, the commenter states that it has had no failed deployments (scheduled, unscheduled, or during shop inflation) due to hose failure. Therefore, the commenter suggests that a 54-month compliance time would provide an adequate level of safety. \n\n\tWe do not agree. In developing an appropriate compliance time for this action, we considered the safety implications, operators' normal maintenance schedules, and the compliance time recommended by the airplane manufacturer for the timely accomplishment of the required actions. In consideration of these items, we have determined that a 36- month compliance time will ensure an acceptable level of safety and is an appropriate interval of time wherein the required actions can be accomplished during scheduled maintenance intervals for the majority of affected operators. We have also determined that the CMM slide inspections are not an adequate means to address the failure mode of the affected slides. However, according to the provisions of paragraph (d) of this final rule, we may approve requests to adjust the compliance time if the request includes data that justify that a different compliance time would provide an acceptable level of safety. No change to the final rule is necessary in this regard. \n\nConclusion \n\n\tAfter careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule as proposed. \n\nCost Impact \n\n\tThere are approximately 333 airplanes of the affected design in the worldwide fleet. The FAA estimates that 88 airplanes of U.S. registry will be affected by this AD. \n\n\tIt will take approximately 1 work hour per airplane to accomplish the required inspection, at an average labor rate of $65 per work hour. Based on these figures, the cost impact of the required inspection on U.S. operators is estimated to be $5,720, or $65 per airplane.\n \n\tShould an operator be required to accomplish the replacement of a hose assembly, it will take approximately 12 work hours per hose assembly, at an average labor rate of $65 per work hour. Required parts will cost between $795 and $1,169 per hose assembly. Based on these figures, the cost impact of the required replacement is estimated to be between $1,575 and $1,949 per hose assembly. \n\n\tThe cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions. \n\nRegulatory Impact \n\n\tThe regulations adopted herein 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. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. \n\n\tFor the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is not a "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (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. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption ADDRESSES. \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, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (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\n§ 39.13 (Amended) \n\n2. Section 39.13 is amended by adding the following new airworthiness directive: