[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Proposed Rules]
[Pages 47084-47086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15488]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1503; Project Identifier AD-2023-00197-A]
RIN 2120-AA64


Airworthiness Directives; Epic Aircraft, LLC Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Epic Aircraft, LLC Model E1000 airplanes. This proposed AD 
was prompted by improperly rigged flap position switches. This proposed 
AD would require installing a secondary full position limit switch to 
the flap system, installing a switch ramp on the flap actuator, and 
modifying the take-off position switch rigging. The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September 
5, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2023-1503; 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 NPRM, any comments 
received, and other information. The street address for Docket 
Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Epic Aircraft, LLC, 22590 Nelson Road, Bend, OR 97701; phone: (541) 
639-4603; email: epicaircraft.com">info@epicaircraft.com; website: epicaircraft.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 (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Anthony Caldejon, Aviation Safety 
Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: 
(206) 231-3534; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1503; Project Identifier 
AD-2023-00197-A'' 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

[[Page 47085]]

date and may amend this proposal 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Anthony Caldejon, Aviation Safety Engineer, FAA, 3960 Paramount 
Boulevard, Lakewood, CA 90712. 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 received a report that during a production ground test, the 
flap position switches were not properly rigged and allowed the 
actuator to travel beyond the commanded flaps' full (fully extended) 
position. The flap actuator could overrun the flaps' fully extended 
position if the full position microswitch is either missing or not 
rigged properly, resulting in an uncertified flap configuration. This 
condition, if not addressed, could result in loss of control of the 
airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Epic Aircraft Service Bulletin SB-0034, Revision 
B, issued December 22, 2022. This service information specifies 
procedures for installing a secondary full position limit switch to the 
flap system to prevent over-travel. This service information also 
specifies procedures for installing a switch ramp on the flap actuator 
to improve reliability and modifying the take-off position switch 
rigging. In addition, this service information specifies procedures for 
checking the flap-to-wing clearances, adjusting clearances as needed, 
and contacting Epic Aircraft if clearance and travel limits cannot be 
met. 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.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described, except as discussed under 
``Differences Between this Proposed AD and the Service Information.''

Differences Between This Proposed AD and the Service Information

    The service information specifies contacting the manufacturer if 
the clearance and travel limits are exceeded during the check of the 
flap-to-wing clearances, but this proposed AD would not require that 
action. This proposed AD would require adjusting the flap-to-wing 
clearances until they do not exceed the specified travel limits.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 29 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Install a secondary full position       1 work-hour x $85 per               $587            $672         $19,488
 limit switch to the flap system.        hour = $85.
Install a switch ramp on the flap       1 work-hour x $85 per                 54             139           4,031
 actuator.                               hour = $85.
Modify rigging........................  4 work-hours x $85 per                 0             340           9,860
                                         hour = $340.
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    The FAA has no data to determine the costs to accomplish the 
corrective action of adjusting the flap-to-wing clearances or the 
number of airplanes that may require this corrective action.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators.

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,

[[Page 47086]]

    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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 adding the following new airworthiness 
directive:

Epic Aircraft, LLC: Docket No. FAA-2023-1503; Project Identifier AD-
2023-00197-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 5, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Epic Aircraft, LLC Model E1000 airplanes, 
serial numbers K003 through K032 inclusive, certificated in any 
category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2750, TE Flap 
Control System.

(e) Unsafe Condition

    This AD was prompted by a report that during a production ground 
test, the flap position switches were not properly rigged and 
allowed the actuator to travel beyond the commanded flaps' full 
(fully extended) position. The FAA is issuing this AD to prevent the 
flap actuator from overrunning the flaps' fully extended position if 
the full position microswitch is either missing or not rigged 
properly, resulting in an uncertified flap configuration. The unsafe 
condition, if not addressed, could result in loss of control of the 
airplane.

(f) Compliance

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

(g) Required Actions

    Within 12 months after the effective date of this AD, install a 
secondary full position limit switch to the flap system, install a 
switch ramp on the flap actuator, and modify the take-off position 
switch rigging in accordance with steps 5 through 13 of the 
Instructions section in Epic Aircraft Service Bulletin SB-0034, 
Revision B, issued December 22, 2022 (Epic SB-0034, Revision B). 
Where Epic SB-0034, Revision B, specifies to discard a switch block, 
this AD requires removing that part from service. If, during the 
accomplishment of step 12, the flap-to-wing clearances exceed the 
specified travel limits, before further flight, adjust the flap-to-
wing clearances until they do not exceed the specified travel 
limits. Where Epic SB-0034, Revision B, specifies to contact Epic 
Aircraft if clearance and travel limits cannot be met, this AD does 
not require that action.

    Note 1 to paragraph (g):  Information regarding the flap-to-wing 
travel limits may be found in Epic E1000 Maintenance Manual 
SK05000000, Revision A, dated April 13, 2020.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, West 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the certification branch, send it to the 
attention of the person identified in paragraph (i)(1) of this AD. 
Information may be emailed to: [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.

(i) Related Information

    (1) For more information about this AD, contact Anthony 
Caldejon, Aviation Safety Engineer, FAA, 3960 Paramount Boulevard, 
Lakewood, CA 90712; phone: (206) 231-3534; email: 
[email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (j)(3) and (4) of this AD.

(j) 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) Epic Aircraft Service Bulletin SB-0034, Revision B, issued 
December 22, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact Epic 
Aircraft, LLC, 22590 Nelson Road, Bend, OR 97701; phone: (541) 639-
4603; email: epicaircraft.com">info@epicaircraft.com; website: epicaircraft.com.
    (4) 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 (817) 222-5110.
    (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 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15488 Filed 7-20-23; 8:45 am]
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