[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
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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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,
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(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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