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]
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.
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
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,
The FAA must receive any comments on this AD by November 15, 2021.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
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:
firstname.lastname@example.org; 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:
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
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,
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
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.
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.
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
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.
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
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
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by:
a. Removing Airworthiness Directive 2007-02-13, Amendment 39-14900 (72
FR 3355, January 25, 2007); and
b. Adding the following new airworthiness directive: