[Federal Register Volume 88, Number 200 (Wednesday, October 18, 2023)]
[Rules and Regulations]
[Pages 71733-71734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22962]


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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; 
Amendment 39-22566; AD 2023-20-07]
RIN 2120-AA64


Airworthiness Directives; Epic Aircraft, LLC Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Epic Aircraft, LLC Model E1000 airplanes. This AD was prompted 
by improperly rigged flap position switches. This AD requires 
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 issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 22, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 22, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 final rule, any comments received, and other 
information. The address for Docket Operations is U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For service information identified in this final rule, 
contact Epic Aircraft, LLC, 22590 Nelson Road, Bend, OR 97701; phone: 
(541) 639-4603; email: <a href="/cdn-cgi/l/email-protection#6900070f0629550849011b0c0f54" http: epicaircraft.com">epicaircraft.com</a>">info@epicaircraft.com</a>; website: 
epicaircraft.com.
    <bullet> 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. It is also available at 
regulations.gov under Docket No. FAA-2023-1503.

FOR FURTHER INFORMATION CONTACT: Anthony Caldejon, Aviation Safety 
Engineer, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712; phone: 
(206) 231-3534; email: <a href="/cdn-cgi/l/email-protection#1f7e716b777071663169317c7e737b7a7570715f797e7e31787069"><span class="__cf_email__" data-cfemail="89e8e7fde1e6e7f0a7ffa7eae8e5edece3e6e7c9efe8e8a7eee6ff">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Epic Aircraft, 
LLC Model E1000 airplanes. The NPRM published in the Federal Register 
on July 21, 2023 (88 FR 47084). The NPRM 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 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.
    In the NPRM, the FAA proposed to 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 issuing this AD to address the unsafe condition on these 
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. This AD is 
adopted as proposed in the NPRM.

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.

Differences Between This 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 AD does not require that action. This 
AD requires adjusting the flap-to-wing clearances until they do not 
exceed the specified travel limits.

Costs of Compliance

    The FAA estimates that this AD affects 29 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this 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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[[Page 71734]]

    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 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

    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 of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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 adding the following new airworthiness 
directive:

2023-20-07 Epic Aircraft, LLC: Amendment 39-22566; Docket No. FAA-
2023-1503; Project Identifier AD-2023-00197-A.

(a) Effective Date

    This airworthiness directive (AD) is effective November 22, 
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: <a href="/cdn-cgi/l/email-protection#784155393635552b1d190c0c141d55393b37553935373b552a1d090d1d0b0c0b381e1919561f170e"><span class="__cf_email__" data-cfemail="c8f1e5898685e59bada9bcbca4ade5898b87e58985878be59aadb9bdadbbbcbb88aea9a9e6afa7be">[email protected]</span></a>.
    (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) Additional 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: 
<a href="/cdn-cgi/l/email-protection#c7a6a9b3afa8a9bee9b1e9a4a6aba3a2ada8a987a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="2d4c435945424354035b034e4c4149484742436d4b4c4c034a425b">[email protected]</span></a>.
    (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: <a href="/cdn-cgi/l/email-protection#4920272f2609752869213b2c2f74" http: epicaircraft.com">epicaircraft.com</a>">info@epicaircraft.com</a>; 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: <a href="/cdn-cgi/l/email-protection#2d4b5f0344435e5d484e594442436d434c5f4c034a425b"><span class="__cf_email__" data-cfemail="d8beaaf6b1b6aba8bdbbacb1b7b698b6b9aab9f6bfb7ae">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22962 Filed 10-17-23; 8:45 am]
BILLING CODE 4910-13-P


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