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[Federal Register, Volume 88 Number 146 (Tuesday, August 1, 2023)]

[Rules and Regulations]
[Pages 50011-50014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16192]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA–2023–0015; Project Identifier AD–2022–01281–T; Amendment 39–

22496; AD 2023–13–11]

RIN 2120–AA64

Airworthiness Directives; AVOX Systems Inc. (Formerly Scott Aviation) Oxygen

Cylinder and Valve Assemblies; and Oxygen Valve Assemblies

AGENCY:
Federal Aviation Administration (FAA), DOT.

ACTION:
Final rule.

SUMMARY:
The FAA is superseding Airworthiness Directive (AD) 2022–04–09, which applied to certain AVOX
Systems Inc. (formerly Scott Aviation) oxygen cylinder and valve assemblies; and oxygen valve
assemblies; installed on but not limited to various transport airplanes. AD 2022–04–09 required an
inspection of the oxygen valve assemblies, and oxygen cylinder and valve assemblies, to determine the
serial number; for certain assemblies and parts, a detailed inspection of the gap between the bottom of
the packing retainer and top of the valve body on the assemblies; and replacement of assemblies
having unacceptable gaps. This AD was prompted by a determination that additional assemblies and
parts are affected by the unsafe condition. This AD requires an inspection of the oxygen valve
assemblies, and oxygen cylinder and valve assemblies, to determine the serial number of the valve,
cylinder, and entire assembly; for certain assemblies and parts, a detailed inspection for correct
spacing of the gap between the bottom of the packing retainer and top of the valve body on the
assemblies and replacement of assemblies having unacceptable gaps. This AD also limits the
installation of affected parts under certain conditions and reporting inspection results and returning
certain assemblies to the manufacturer. The FAA is issuing this AD to address the unsafe condition on
these products.

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DATES:
This AD is effective September 5, 2023.

The Director of the Federal Register approved the incorporation by reference of certain publications
listed in this AD as of September 5, 2023.

ADDRESSES:

AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–0015;
or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation, Docket Operations, M–30, West
Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590.

Material Incorporated by Reference:

• For service information identified in this final rule, contact AVOX Systems Inc., 225 Erie Street,
Lancaster, NY 14086; telephone 716–683–5100; website safranaerosystems.com.

• You may view this service information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA–
2023–0015.

FOR FURTHER INFORMATION CONTACT:

Elizabeth Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD
2022–04–09, Amendment 39–21951 (87 FR 10958, February 28, 2022) (AD 2022–04–09). AD
2022–04–09 applied to certain AVOX Systems Inc. (formerly Scott Aviation) oxygen cylinder and
valve assemblies, and oxygen valve assemblies, installed on but not limited to various transport
airplanes. AD 2022–04–09 was prompted by reports of cylinder and valve assemblies having oxygen
leakage from the valve assembly vent hole, caused by the absence of a guide that maintains
appropriate spacing between certain parts. The NPRM published in the Federal Register on January
27, 2023 (88 FR 5278). The NPRM was prompted by a determination that additional assemblies and
parts are affected by the unsafe condition. In the NPRM, the FAA proposed to continue to require an
inspection of the oxygen valve assemblies, and oxygen cylinder and valve assemblies, to determine the
serial number of the valve, cylinder, and entire assembly. For assemblies and parts with certain serial
numbers, the FAA also proposed to continue to require a detailed inspection for correct spacing of the
gap between the bottom of the packing retainer and top of the valve body on the assemblies, and

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replacement of assemblies having unacceptable gaps. The NPRM also proposed to limit the
installation of affected parts under certain conditions and reporting inspection results and returning
certain assemblies to the manufacturer. The FAA is issuing this AD to address oxygen leakage from the
cylinder and valve assemblies, which could result in decreased or insufficient oxygen supply during a
depressurization event; and heating or flow friction, which could cause an ignition event in the valve
assembly.

Discussion of Final Airworthiness Directive

Comments
The FAA received comments from four commenters, including Atlas Air, Aviation Partners Boeing,
FlyPersia Airlines, and SIA Engineering. The following presents the comments received on the NPRM
and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate
(STC) ST00830SE, STC ST01219SE, STC ST01518SE, and STC ST01920SE does not affect the
accomplishment of the manufacturer's service instructions.

The FAA agrees with the commenter that STC ST00830SE, STC ST01219SE, STC ST01518SE, and STC
ST01920SE do not affect the accomplishment of the manufacturer's service instructions. Therefore,
the installation of STC ST00830SE, STC ST01219SE, STC ST01518SE, and STC ST01920SE do not
affect the ability to accomplish the actions required by this AD. The FAA has not changed this AD in
this regard.

Request To Change the Applicability for Certain Airplanes

FlyPersia Airlines requested that paragraph (c)(12) of the proposed AD be changed to “The Boeing
Company Airplanes.” The commenter asserted that some of the affected oxygen cylinder and valve
assemblies may be installed on other Boeing airplanes.

The FAA does not agree with the change requested. The applicability of this AD includes the airplane
models that are known to be affected. However, as stated in paragraph (c) of this AD, the affected
oxygen cylinder and valve assemblies might be installed on, but are not limited to, the aircraft
identified in paragraphs (c)(1) through (12) of this AD, certificated in any category. This AD has not
been changed in regard to this request.

Request for Clarification on Compliance of a Specific Airplane

SIA Engineering requested clarification on whether Boeing Model 737–8 airplane, Manufacturer Serial
Number (MSN) 44257, is in compliance with the proposed AD. The commenter declared that the
airplane was delivered in May of 2022 and was in compliance with AD 2022–04–09. The commenter
also pointed out that the proposed AD provided credit for the service information that was required by
AD 2022–04–09 and asked if credit may be taken for airplanes that have complied with AD 2022–
04–09 and reported the results as required by that AD.

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The FAA agrees to clarify. An airplane without a part identified in paragraph (c) of this AD is not
affected by this AD. However, an airplane delivered without an affected part, but on which the part
was later replaced with an affected part (one identified in paragraph (c) of this AD) is affected by this
AD and must comply with this AD; this includes complying with the revised parts installation
prohibition specified in paragraph (k) of this AD.

Request To Correct Typographical Error

Atlas Air and SIA Engineering noted a typographical error in the regulatory text of the proposed AD.
The commenters pointed out that the paragraph designation of the Parts Installation Limitation
paragraph should have been designated as paragraph (k) of the proposed AD.

The FAA agrees and has redesignated that paragraph, and subsequent paragraphs, accordingly.

Conclusion
The FAA reviewed the relevant data, considered any comments received, and determined that air
safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on these products. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase
the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

The FAA reviewed the following service information, which describes procedures for an inspection to
determine the serial numbers of the oxygen cylinder and valve assemblies, and the oxygen valve
assemblies, a detailed inspection for correct spacing of the gap between the bottom of the packing
retainer and top of the valve body on the assemblies, parts marking, inspection report, and return of
parts to the manufacturer. These documents are distinct since they apply to different assembly part
numbers.

▪ AVOX Systems Inc. Alert Service Bulletin 10015804–35–01, Revision 03, dated June 7, 2021.
▪ AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 03, dated March 11, 2022.
▪ AVOX Systems Inc. Alert Service Bulletin 10015804–35–03, Revision 03, dated June 18, 2021.

This service information is reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance
The FAA estimates that this AD affects 3,034 oxygen cylinder and valve assemblies, and oxygen valve
assemblies, installed on various transport category airplanes of U.S. registry. The FAA estimates the
following costs to comply with this AD:

Estimated Costs

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Parts Cost per Cost on U.S.

Action Labor cost
cost product operators

Serial number 1 work-hour × $85 per None $85 $257,890

inspection hour = $85

Reporting 1 work-hour × $85 per $0 85 257,890

hour = $85

The FAA estimates the following costs to do any necessary follow-on actions that would be required
based on the results of the inspection. The FAA has no way of determining the number of aircraft that
might need these actions:

On-Condition Costs

Action Labor cost Parts cost Cost per product

Detailed inspection 1 work-hour × $85 per hour = $85 $0 $85

Replacement 1 work-hour × $85 per hour = $85 * 0 85

* The FAA has received no definitive data on the parts cost for the on-condition replacements.

The FAA has included all known costs in its cost estimate. According to the manufacturer, however,
some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on
affected operators.

Paperwork Reduction Act

A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of information displays a
currently valid OMB Control Number. The OMB Control Number for this information collection is
2120–0056. Public reporting for this collection of information is estimated to take approximately 1
hour per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of
information. All responses to this collection of information are mandatory. Send comments regarding
this burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration,
10101 Hillwood Parkway, Fort Worth, TX 76177–1524.

Authority for This Rulemaking

Title 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.

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The FAA is 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.

Regulatory Findings
This 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.

For the reasons discussed above, I certify that this AD:

(1) Is not a “significant regulatory action” under Executive Order 12866,

(2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

▪ Air transportation
▪ Aircraft
▪ Aviation safety
▪ Incorporation by reference
▪ Safety

The Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part
39 as follows:

PART 39—AIRWORTHINESS DIRECTIVES

1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.

§  39.13 [Amended]

2. The FAA amends § 39.13 by:

a. Removing Airworthiness Directive (AD) 2022–04–09, Amendment 39–21951 ( 87 FR 10958,

February 28, 2022); and

b. Adding the following new AD:

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2023–13–11  AVOX Systems Inc. (formerly Scott Aviation): Amendment 39–22496;

Docket No. FAA–2023–0015; Project Identifier AD–2022–01281–T.

(a) Effective Date

This airworthiness directive (AD) is effective September 5, 2023.

(b) Affected ADs

This AD replaces AD 2022–04–09, Amendment 39–21951 (87 FR 10958, February 28, 2022) (AD
2022–04–09).

(c) Applicability
This AD applies to AVOX Systems Inc. (formerly Scott Aviation) oxygen cylinder and valve assemblies
having part number (P/N) 89794077, 89794015, 891511–14, 806835–01, 807982–01, 808433–01, or
891311–14; and oxygen valve assemblies (body and gage assemblies) having P/N 807206–01. These
assemblies might be installed on, but not limited to, the aircraft identified in paragraphs (c)(1) through
(12) of this AD, certificated in any category.

(1) Airbus SAS Model A300 B2–1A, B2–1C, B2K–3C, B2–203, B4–2C, B4–103, and B4–203 airplanes.

(2) Airbus SAS Model A300 B4–601, B4–603, B4–620, B4–622, B4–605R, B4–622R, F4–605R, F4–
622R, and C4–605R Variant F airplanes.

(3) Airbus SAS Model A310–203, –204, –221, –222, –304, –322, –324, and –325 airplanes.

(4) Airbus SAS Model A318–111, –112, –121, and –122 airplanes.

(5) Airbus SAS Model A319–111, –112, –113, –114, –115, –131, –132, –133, and –151N airplanes.

(6) Airbus SAS Model A320–211, –212, –214, –216, –231, –232, –233, –251N, –252N, –253N, –271N,
–272N, and –273N airplanes.

(7) Airbus SAS Model A321–111, –112, –131, –211, –212, –213, –231, –232, –251N, –252N, –253N, –
271N, –272N, –251NX, –252NX, –253NX, –271NX, and –272NX airplanes.

(8) Airbus SAS Model A330–201, –202, –203, –223, –243, –301, –302, –303, –321, –322, –323, –
341, –342, –343, and –941 airplanes.

(9) Airbus Model A340–211, –212, –213, –311, –312, –313, –541, and –642 airplanes.

(10) ATR—GIE Avions de Transport Régional Model ATR42–200, –300, –320, and –500 airplanes.

(11) ATR—GIE Avions de Transport Régional Model ATR72–101, –102, –201, –202, –211, –212, and –
212A airplanes.

(12) The Boeing Company Model 747–8 series airplanes.

(d) Subject
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Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

This AD was prompted by reports of cylinder and valve assemblies having oxygen leakage from the
valve assembly vent hole, caused by the absence of a guide that maintains appropriate spacing between
certain parts. The FAA is issuing this AD to address oxygen leakage from cylinder and valve
assemblies. The unsafe condition, if not addressed, could result in decreased or insufficient oxygen
supply during a depressurization event; and heating or flow friction, which could cause an ignition
event in the valve assembly.

(f) Compliance
Comply with this AD within the compliance times specified, unless already done.

(g) Definition of Detailed Inspection

For the purposes of this AD, a detailed inspection is an intensive examination of a specific item,
installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally
supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids
such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures
may be required.

(h) Identification of Affected Cylinder and Valve Assemblies

Within 60 days after the effective date of this AD, inspect the oxygen valve assemblies, and oxygen
cylinder and valve assemblies, to determine if the serial numbers of the valve, cylinder, and entire
assembly, are listed in Appendix 1 or Appendix 2, “Affected Shipments,” of the applicable service
information identified in paragraphs (h)(1) through (3) of this AD. A review of airplane maintenance
records is acceptable in lieu of this inspection if the serial numbers can be conclusively determined
from that review.

(1) AVOX Systems Inc. Alert Service Bulletin 10015804–35–01, Revision 03, dated June 7, 2021.

(2) AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 03, dated March 11, 2022.

(3) AVOX Systems Inc. Alert Service Bulletin 10015804–35–03, Revision 03, dated June 18, 2021.

(i) Inspection of the Gap, Parts Marking Actions, and Replacement, With No Changes
If, during any inspection or records review required by paragraph (h) of this AD, any oxygen valve
assembly, valve or cylinder of an oxygen cylinder and valve assembly, or oxygen cylinder and valve
assembly having an affected serial number is found: Before further flight, do a detailed inspection for
correct spacing of the gap between the bottom of the packing retainer and top of the valve body, in
accordance with paragraph 3.C. of the Accomplishment Instructions of the applicable service
information identified in paragraphs (h)(1) through (3) of this AD.

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(1) If the gap is found to be acceptable, as defined in the applicable service information identified in
paragraphs (h)(1) through (3) of this AD, before further flight, do the parts marking actions in
accordance with paragraph 3.D.(1) of the Accomplishment Instructions of the applicable service
information identified in paragraphs (h)(1) through (3) of this AD.

(2) If the gap is found to be unacceptable, as defined in the applicable service information identified in
paragraphs (h)(1) through (3) of this AD, before further flight, remove the affected assembly, in
accordance with paragraphs 3.D.(2) or 3.D.(3), as applicable, of the Accomplishment Instructions of
the applicable service information identified in paragraphs (h)(1) through (3) of this AD; and replace
with a serviceable assembly.

(j) Reporting and Return of Parts

(1) Report the results of the inspection required by paragraph (i) of this AD within the applicable time
specified in paragraph (j)(1)(i) or (ii) of this AD. Report the results in accordance with paragraph 3.D.
(1)(a) of the Accomplishment Instructions of the applicable service information identified in
paragraphs (h)(1) through (3) of this AD.

(i) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days
after the inspection.

(ii) If the inspection was done before the effective date of this AD: Submit the report within 30 days
after the effective date of this AD.

(2) If, during the inspection required by paragraph (i) of this AD, any gap is found to be unacceptable,
within the applicable time specified in paragraph (j)(2)(i) or (ii) of this AD, return the assembly to the
manufacturer in accordance with paragraph 3.D.(2) or 3.D.(3), as applicable, of the Accomplishment
Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this
AD, except you are not required to contact AVOX Systems Inc. for shipping instructions.

(i) If the inspection was done on or after the effective date of this AD: Return the assembly within 30
days after the inspection.

(ii) If the inspection was done before the effective date of this AD: Return the assembly within 30 days
after the effective date of this AD.

(k) Parts Installation Limitation

As of the effective date of this AD, no AVOX Systems Inc. oxygen valve assembly, or valve or cylinder
that is part of an oxygen cylinder and valve assembly, or oxygen cylinder and valve assembly having an
affected serial number identified in Appendix 1, “Affected Shipments,” or Appendix 2, “Affected
Shipments,” of any AVOX Systems Inc. service information identified in paragraphs (h)(1) through (3)
of this AD may be installed on any airplane unless the requirements of paragraph (i) of this AD have
been accomplished on that affected assembly.

(l) Credit for Previous Actions

(1) This paragraph provides credit for the actions specified in paragraphs (h) or (i) of this AD, if those
actions were performed before the effective date of this AD using the service information specified in
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paragraphs (l)(1)(i) through (iii) of this AD. This service information is not incorporated by reference
in this AD.

(i) AVOX Systems Inc. Service Bulletin 10015804–35–01, dated March 6, 2019; and AVOX Systems
Inc. Alert Service Bulletin 10015804–35–01, Revision 01, dated July 9, 2019.

(ii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 1, dated September 4, 2019.

(iii) AVOX Systems Inc. Service Bulletin 10015804–35–03, dated April 11, 2019; and AVOX Systems
Inc. Alert Service Bulletin 10015804–35–03, Revision 01, dated May 21, 2019.

(2) This paragraph provides credit for the actions specified in paragraphs (h) or (i) of this AD, if those
actions were performed before the effective date of this AD using the service information specified in
paragraphs (l)(2)(i) through (iii) of this AD, which was incorporated by reference in AD 2022–04–09.

(i) AVOX Systems Inc. Alert Service Bulletin 10015804–35–01, Revision 02, dated October 16, 2019.

(ii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 2, dated October 31, 2019.

(iii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–03, Revision 02, dated October 15, 2019.

(m) Alternative Methods of Compliance (AMOCs)

(1) The Manager, East Certification Branch, FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your
request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending
information directly to the manager of the East Certification Branch, send it to ATTN: Program
Manager, Continuing Operational Safety, at the address identified in paragraph (n) of this AD or email
to: [email protected]. If mailing information, also submit information by email.

(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a
principal inspector, the manager of the responsible Flight Standards Office.

(n) Related Information

For more information about this AD, contact Elizabeth Dowling, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avs-nyaco-
[email protected].

(o) Material Incorporated by Reference

(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service
information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable to do the actions required by this AD, unless
the AD specifies otherwise.

(i) AVOX Systems Inc. Alert Service Bulletin 10015804–35–01, Revision 03, dated June 7, 2021.

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(ii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–02, Revision 03, dated March 11, 2022.

(iii) AVOX Systems Inc. Alert Service Bulletin 10015804–35–03, Revision 03, dated June 18, 2021.

(3) For service information identified in this AD, contact AVOX Systems Inc., 225 Erie Street,
Lancaster, NY 14086; telephone 716–683–5100; website safranaerosystems.com.

(4) You may view this service information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206–231–3195.

(5) You may view this service information that is incorporated by reference at the National Archives
and Records Administration (NARA). For information on the availability of this material at NARA,
email [email protected], or go to: www.archives.gov/​federal-register/​cfr/​ibr-locations.html.

Issued on July 7, 2023.

Michael Linegang,

Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.

[FR Doc. 2023–16192 Filed 7–31–23; 8:45 am]

BILLING CODE 4910–13–P

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