On January 8, 1999, the Federal Aviation Administration (FAA) issued telegraphic airworthiness directive (TAD) 99-02-51, applicable to Allison Engine Company, Inc. AE 3007A and AE 3007C series turbofan engines that prohibits, prior to further flight, all engine ground starts at oil temperatures below 32 deg. F (0 deg. C), unless preflight operational procedures ensure that engine oil temperature is maintained at or above 32 deg. F (0 deg. C). That action was prompted by reports of three in-flight engine shutdowns since January 4, 1999. The FAA has determined that engine starting in cold temperatures can cause the starter shaft seal to become unseated, allowing oil to exit the accessory gearbox. This condition, if not corrected, could result in an in-flight engine shutdown due to loss of engine oil from the starter shaft seal.
Since the unsafe condition described is likely to exist or develop on other engines of the same type design, the FAA issued telegraphic AD 99-02-51 to prevent an in-flight engine shutdown due to loss of engine oil from the starter shaft seal. This AD prohibits all engine ground starts at oil temperatures below 32 deg. F (0 deg. C) unless preflight operational procedures ensure that engine oil temperature is maintained at or above 32 deg. F (0 deg. C). This AD is considered an interim action, and as the investigation continues, further rulemaking may be necessary. The actions are required to be accomplished in accordance with the compliance section of this AD.
Since it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual telegrams issued on January 8, 1999, to all known U.S. owners and operators of Allison Engine Company, Inc. AE 3007A and AE 3007C series turbofan engines. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to Section 39.13 of part 39 of the Federal Aviation Regulations (14 CFR part 39) to make it effective to all persons.
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 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 99-NE-01-AD." 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
Airtransportation, Aircraft, Aviation safety, 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 U.S.C. 106(g), 40113, 44701. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive:
U.S. Department of Transportation Federal Aviation Administration The following Airworthiness Directive issued by the Federal Aviation Administration in accordance with the provisions of Federal Aviation Regulations, Part 39, applies to an aircraft model of which our records indicate you may be the registered owner. Airworthiness Directives affect aviation safety and are regulations which require immediate attention. You are cautioned that no person may operate anaircraft to which an Airworthiness Directive applies, except in accordance with the requirements of the Airworthiness Directive (reference FAR Subpart 39.3).