[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Rules and Regulations]
[Pages 7343-7344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4014]


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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 96-ANE-42; Amendment 39-9912; AD 97-03-06]
RIN 2120-AA64


Airworthiness Directives; Auxiliary Power International 
Corporation Model APS3200 Auxiliary Power Units

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to Auxiliary Power International Corporation (APIC) Model 
APS3200 Auxiliary Power Units (APUs). This action requires replacement 
of the existing Electronic Control Box (ECB), incorporating its On 
Board Replaceable Module (OBRM) programmed with originally approved 
software version 2.0.2 or 3.2 with improved software version 4.1, or 
replacement of the existing OBRM of the ECB programmed with version 
2.0.2 or version 3.2 with a new OBRM programmed with software version 
4.1. This amendment is prompted by reports of continued fuel flow to 
the APU after the APU was commanded to shutdown, resulting in internal 
APU fires. The actions specified in this AD are intended to prevent 
internal APU fires due to ECB malfunction, which, if left unnoticed by 
flight or ground crews, could result in damage to the aircraft.

DATES: Effective March 6, 1997.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 6, 1997.
    Comments for inclusion in the Rules Docket must be received on or 
before April 21, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), New England Region, Office of the Assistant Chief 
Counsel, Attention: Rules Docket No. 96-ANE-42, 12 New England 
Executive Park, Burlington, MA 01803-5299.
    The service information referenced in this AD may be obtained from 
Auxiliary Power International Corporation (APIC), 4450 Ruffin Rd., P.O. 
Box 85757, San Diego, CA 92193-9090; telephone (619) 627-6501, fax 
(619) 627-6502. This information may be examined at the FAA, New 
England Region, Office of the Assistant Chief Counsel, 12 New England 
Executive Park, Burlington, MA; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Guy Dalla Riva, Aerospace Engineer, 
Los Angeles Aircraft Certification Office, FAA, Transport Airplane 
Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; telephone 
(310) 627-5248; fax (310) 627-5210.

SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA) 
has received reports of four Auxiliary Power Units (APU) internal fires 
after shutdown of Auxiliary Power International Corporation (APIC) 
Model APS3200 APUs. The investigations revealed two possible causes of 
these fires: first, in three of the events, a software deficiency in 
the Electronic Control Box (ECB) allowed the APU fuel shut-off valve to 
remain open; second, in one unconfirmed event, possible fuel system 
contamination could have kept the valve from closing completely. This 
AD addresses the ECB software deficiency only. It does not address 
valve malfunction caused by fuel system contamination.
    These ECB malfunctions may result in an internal fire within the 
APU, in the APU plenum, air intake, and possibly in the tail of the 
aircraft. This condition, if not corrected, could result in an internal 
APU fire due to ECB malfunction, which, if left unnoticed by flight or 
ground crews, could result in damage to the aircraft.
    The FAA has reviewed and approved the technical contents of APIC 
Service Bulletin (SB) No. 4500001-49-52, dated October 1, 1996, that 
describes procedures for replacement of the existing On Board 
Replaceable Module (OBRM) of the ECB incorporating the software 
versions 2.0.2 or 3.2 with a new OBRM programmed with software version 
4.1. This software also commands closing of the aircraft APU firewall 
fuel shut-off valve in addition to the APU fuel shut-off valve during 
APU shutdowns.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other APUs of the same type design, this AD is 
being issued to prevent an APU fire due to ECB malfunction, which could 
result in damage to the aircraft. This AD requires replacement of the 
existing APU ECB (incorporating the originally approved software 
versions 2.0.2 or 3.2) with improved software version. 4.1, or 
installation of an OBRM programmed with software version 4.1 in the ECB 
prior to 30 days after the effective date of this AD. This calendar 
end-date is based on parts availability. The actions are required to be 
accomplished in accordance with the SB described previously.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD

[[Page 7344]]

action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 96-ANE-42.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a ``significant regulatory action'' 
under Executive Order 12866. It has been determined further that this 
action involves an emergency regulation under DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979). If it is determined 
that this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket. A copy of it, if filed, may 
be obtained from the Rules Docket at the location provided under the 
caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, 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:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

97-03-06 Auxiliary Power International Corporation: Amendment 39-
9912. Docket 96-ANE-42.

    Applicability: Auxiliary Power International Corporation (APIC) 
Model APS3200 Auxiliary Power Units (APUs), Assembly Part Number (P/
N) 4500000, incorporating Electronic Control Box (ECB), P/N 
4500003E, with software version 2.0.2, and ECB, P/N 4500003F, with 
software version 3.2. These APUs are installed on but not limited to 
Airbus Industrie A319, A320, and A321 series aircraft.

    Note 1: This airworthiness directive (AD) applies to each APU 
identified in the preceding applicability provision, regardless of 
whether it has been modified, altered, or repaired in the area 
subject to the requirements of this AD. For APUs that have been 
modified, altered, or repaired so that the performance of the 
requirements of this AD is affected, the owner/operator must request 
approval for an alternative method of compliance in accordance with 
paragraph (b) of this AD. The request should include an assessment 
of the effect of the modification, alteration, or repair on the 
unsafe condition addressed by this AD; and, if the unsafe condition 
has not been eliminated, the request should include specific 
proposed actions to address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent an APU fire due to ECB malfunction, which could 
result in damage to the aircraft, accomplish the following:
    (a) Within 30 days after the effective date of this AD, 
accomplish either of the following in accordance with APIC Service 
Bulletin (SB) No. 4500001-49-52, dated October 11, 1996:
    (1) Replace the existing ECB On Board Replaceable Module (OBRM) 
incorporating the originally approved software versions 2.0.2 or 3.2 
with an ECB OBRM incorporating new software version 4.1; or
    (2) Install an OBRM in the ECB that is programmed to software 
version 4.1.
    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office. The request should be forwarded through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Los Angeles Aircraft Certification Office.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this airworthiness directive, 
if any, may be obtained from the Los Angeles Aircraft Certification 
Office.
    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the aircraft to a location where 
the requirements of this AD can be accomplished.
    (d) The actions required by this AD shall be done in accordance 
with the following APIC SB:

                                                                        
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  Document No.    Pages          Revision                  Date         
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4500001-49-52..     1-6  Original...............  Oct. 1, 1996.         
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    Total pages: 6.
    This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from APIC, 4450 Ruffin Rd., P.O. Box 85757, San 
Diego, CA 92193-9090; telephone (619) 627-6501, fax (619) 627-6502. 
Copies may be inspected at the FAA, New England Region, Office of the 
Assistant Chief Counsel, 12 New England Executive Park, Burlington, MA; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on March 6, 1997.

    Issued in Burlington, Massachusetts, on January 23, 1997.
Jay J. Pardee,
Manager, Engine and Propeller Directorate, Aircraft Certification 
Service.
[FR Doc. 97-4014 Filed 2-14-97; 9:54 am]
BILLING CODE 4910-13-U