[Federal Register Volume 86, Number 187 (Thursday, September 30, 2021)]
[Rules and Regulations]
[Pages 54032-54035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21097]



[[Page 54032]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0726; Project Identifier 2019-CE-059-AD; Amendment 
39-21724; AD 2021-19-06]
RIN 2120-AA64


Airworthiness Directives; RUAG Aerospace Services GmbH (Type 
Certificate Previously Held by Dornier Luftfahrt GmbH) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2007-02-
13, which applied to certain Dornier Luftfahrt GmbH (type certificate 
currently held by RUAG Aerospace Services GmbH) Model Dornier 228-212 
airplanes. AD 2007-02-13 required inspecting the landing gear carbon 
brake assembly. This AD requires inspecting certain carbon brake 
assemblies and corrective actions if necessary. This AD was prompted by 
mandatory continuing airworthiness information (MCAI) issued by the 
European Union Aviation Safety Agency (EASA) to correct an unsafe 
condition on an aviation product. The MCAI identifies the unsafe 
condition as loose bolts and nuts on the landing gear carbon brake 
assembly. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective October 15, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 15, 
2021.
    The FAA must receive any comments on this AD by November 15, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact RUAG 
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 1253, 
82231 Wessling, Federal Republic of Germany; phone: +49 (0) 8153-30-
2280; fax: +49 (0) 8153-30-3030; email: 
[email protected]; website: https://www.ruag.com/. You 
may view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. 
For information on the availability of this material at the FAA, call 
(816) 329-4148. It is also available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0726.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0726; 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, the 
MCAI, any comments received, and other information. The street address 
for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; 
phone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0726; Project Identifier 2019-
CE-059-AD'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Doug 
Rudolph, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, FAA, 901 Locust, Room 301, 
Kansas City, MO. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2007-02-13, Amendment 39-14900 (72 FR 3355, 
January 25, 2007) (AD 2007-02-13), for certain serial-numbered Dornier 
Luftfahrt GmbH (type certificate now held by RUAG Aerospace Services 
GmbH) Model 228-212 airplanes. AD 2007-02-13 required inspecting the 
landing gear carbon brake assembly and replacing if necessary. AD 2007-
02-13 resulted from AD No. 2006-0352-E, dated November 24, 2006, issued 
by EASA, which is the Technical Agent for the Member States of the 
European Union. The FAA issued AD 2007-02-13 to prevent the brake 
assembly from detaching and malfunctioning, degrading brake 
performance, and potentially causing loss of control of the airplane 
during landing or rollout.

Actions Since AD 2007-02-13 Was Issued

    Since the FAA issued AD 2007-02-13, EASA superseded its AD and 
issued EASA AD 2019-0307, dated December 18, 2019 (referred to after 
this as ``the MCAI''), to address an unsafe condition on all RUAG 
Aerospace Services GmbH (formerly Dornier Luftfahrt GmbH) Model Dornier 
228-212 airplanes. The MCAI states:

    During a maintenance inspection, loose bolts and nuts were 
detected on the landing gear carbon brake assembly.
    This condition, if not detected and corrected, could result in 
detachment of the brake assembly and subsequent malfunction,

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degrading brake performance, and loss of control of the aeroplane 
during landing or roll-out, possibly resulting in damage to the 
aeroplane and injury to occupants.
    RUAG issued [alert service bulletin] ASB Dornier 228-265 
(original issue) to provide instructions for a visual inspection of 
the bolts, the gap between brake housing subassembly and torque tube 
assembly and hydraulic plumbing. Consequently, the Luftfahrt-
Bundesamt (LBA) issued a mandatory measure under [European Union] EU 
Regulation (EC) 1592/2002, Article 10(1) for affected aeroplanes 
registered in Germany and notified EASA. The Agency concurred with 
the LBA action and issued EASA Emergency AD 2006-0352-E to require 
inspection of the affected brake assembly and, depending on 
findings, replacement with a serviceable brake assembly.
    Since that [EASA] AD was issued, RUAG was informed by the 
manufacturer of the brake assembly that anti-seize and screw locking 
compound have been applied in a wrong way during production of new 
brake assemblies.
    Prompted by this finding, RUAG issued the ASB, as defined in 
this [EASA] AD, to amend the intervals (reducing the flight hours 
(FH) interval, adding a flight cycle (FC) interval and deleting the 
calendar time interval) of the repetitive inspections.
    For the reason described above, this [EASA] AD retains the 
requirements of EASA AD 2006-0352-E, which is superseded, and 
requires the inspections within new compliance times.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0726.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed RUAG Dornier 228 Alert Service Bulletin No. ASB-
228-265, Revision 2, dated December 10, 2019. This service information 
contains procedures for inspecting carbon brake assemblies having part/
number (P/N) 5009850-1, P/N 5009850-2, P/N 5009850-3, or P/N 5009850-4 
up to revision ``F'' for tight fit and damage of the bolts and self-
locking nuts and for a gap between the brake housing subassembly and 
the torque tube subassembly, and taking corrective actions if any 
discrepancies (loose or damaged bolts and self-locking nuts or a gap 
between the brake housing subassembly and the torque tube subassembly) 
are found. 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 ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
because it determined the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information already described, except as discussed under ``Differences 
Between this AD and the MCAI.'' This AD also prohibits installing 
certain carbon brake assemblies unless they have passed an inspection.

Differences Between This AD and the MCAI

    The MCAI has an initial compliance time of before further flight 
after November 27, 2006 (the effective date of EASA AD 2006-0352-E), 
while this AD has an initial compliance time of before further flight 
after the effective date of this AD. The MCAI requires contacting the 
manufacturer if any discrepancies are found, while this AD requires 
repair using an approved method or replacement.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because there 
are no airplanes currently on the U.S. registry and thus, it is 
unlikely that the FAA will receive any adverse comments or useful 
information about this AD from U.S. operators. Accordingly, notice and 
opportunity for prior public comment are unnecessary pursuant to 5 
U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists 
pursuant to 5 U.S.C. 553(d) for making this amendment effective in less 
than 30 days for the same reasons the FAA found good cause to forego 
notice and comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    There are currently no affected airplanes on the U.S. registry. In 
the event an affected airplane becomes a U.S.-registered product, the 
following is an estimate of the costs to comply with this AD.
    The FAA estimates that it would take 1 work-hour per airplane to 
comply with the inspection required by this AD. The average labor rate 
is $85 per work-hour. Based on these figures, the FAA estimates the 
cost of this AD to be $85 per airplane per inspection cycle.
    The extent of damage found during the required inspection could 
vary considerably from airplane to airplane. The FAA has no way of 
estimating how much damage may be found on each airplane or the cost to 
repair damaged parts.

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.
    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

[[Page 54034]]

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

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2007-02-13, Amendment 39-14900 (72 
FR 3355, January 25, 2007); and
0
b. Adding the following new airworthiness directive:

2021-19-06 UAG Aerospace Services GmbH (Type Certificate Previously 
Held by Dornier Luftfahrt GmbH): Amendment 39-21724; Docket No. FAA-
2021-0726; Project Identifier 2019-CE-059-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective October 15, 2021.

(b) Affected ADs

    This AD replaces AD 2007-02-13, Amendment 39-14900 (72 FR 3355, 
January 25, 2007).

(c) Applicability

    This AD applies to RUAG Aerospace Services GmbH (Type 
Certificate Previously Held by Dornier Luftfahrt GmbH) Model Dornier 
228-212 airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3200, Landing Gear 
System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated by an aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI identifies the unsafe condition as loose bolts and 
nuts on the landing gear carbon brake assembly. The FAA is issuing 
this AD to prevent detachment of the brake assembly and consequent 
malfunction, which, if not addressed, could result in degraded brake 
performance and loss of control during landing or rollout.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    (1) For purposes of this AD, an affected part is a carbon brake 
assembly having part number (P/N) 5009850-1, P/N 5009850-2, P/N 
5009850-3, or P/N 5009850-4.
    (2) For purposes of this AD, a Group 1 airplane is an airplane 
with an affected part that has never been overhauled installed.
    (3) For purposes of this AD, a Group 2 airplane is an airplane 
with an affected part that has been overhauled installed.

(h) Required Inspections and Corrective Actions

    (1) For Group 1 airplanes: Before further flight and thereafter 
at intervals not to exceed 50 hours time-in-service (TIS) or 150 
flight cycles, whichever occurs first, inspect each affected part 
for tight fit and damage of the bolts and self-locking nuts and for 
a gap between the brake housing subassembly and the torque tube 
subassembly, and take any necessary corrective actions before 
further flight in accordance with steps (1)a) through (1)c) of the 
Accomplishment Instructions in RUAG Dornier 228 Alert Service 
Bulletin No. ASB-228-265, Revision 2, dated December 10, 2019, 
except you are not required to contact the manufacturer. Instead, 
repair using a method approved by the Manager, International 
Validation Branch, FAA, or the European Union Aviation Safety Agency 
(EASA), or replace the brake assembly.
    (2) For Group 2 airplanes: Before further flight and thereafter 
at intervals not to exceed 150 hours TIS, inspect each affected part 
for tight fit and damage of the bolts and self-locking nuts and for 
a gap between the brake housing subassembly and the torque tube 
subassembly, and take any necessary corrective actions before 
further flight in accordance with steps (2)a) through (2)c) of the 
Accomplishment Instructions in RUAG Dornier 228 Alert Service 
Bulletin No. ASB-228-265, Revision 2, dated December 10, 2019, 
except you are not required to contact the manufacturer. Instead, 
repair using a method approved by the Manager, International 
Validation Branch, FAA, or EASA, or replace the brake assembly.

(i) Parts Installation Limitation

    As of the effective date of this AD, do not install an affected 
part on any airplane unless, prior to installation, you have 
complied with this AD.

(j) Credit for Previous Actions

    You may take credit for the initial inspection and corrective 
actions that are required by paragraph (h) of this AD if you 
performed those inspections and corrective actions before the 
effective date of this AD using RUAG Dornier 228 Alert Service 
Bulletin No. ASB-228-265, Revision 1, dated September 2, 2019.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, send 
it to the attention of the person identified in Related Information, 
paragraph (l)(1) of this AD or email: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.

(l) Related Information

    (1) For more information about this AD, contact Doug Rudolph, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4059; fax: (816) 329-4090; email: 
[email protected].
    (2) Refer to European Union Aviation Safety Agency (EASA) AD 
2019-0307, dated December 18, 2019, for more information. You may 
examine the EASA AD in the AD docket at https://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2021-0726.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) RUAG Dornier 228 Alert Service Bulletin No. ASB-228-265, 
Revision 2, dated December 10, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact RUAG 
Aerospace Services GmbH, Dornier 228 Customer Support, P.O. Box 
1253, 82231 Wessling, Federal Republic of Germany, telephone: +49 
(0) 8153-30-2280; fax: +49 (0) 8153-30-3030; email: 
[email protected]; website: https://www.ruag.com/.
    (4) You may view this service information at FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 54035]]


    Issued on August 31, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-21097 Filed 9-29-21; 8:45 am]
BILLING CODE 4910-13-P