Airworthiness Directives; Epic Aircraft, LLC Airplanes, 47084-47086 [2023-15488]

Download as PDF 47084 Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Proposed Rules paragraph (b) of this section. FHFA may independently obtain information relevant to the suspension determination for inclusion in the written record. FHFA will consider any material submitted by the respondent and regulated entities by the deadline provided in the notice and document its determination whether or not to vacate or modify the terms of the immediate suspension order. If FHFA elects to vacate or modify the terms of an immediate suspension order, notice will be provided to the respondent and regulated entities, and a modified order, as applicable, will replace the immediate suspension order on FHFA’s website. If FHFA declines to vacate or modify the terms of the immediate suspension order, no notice of this determination will be provided, and the immediate suspension order will persist until it is later modified or vacated, or expires per the terms of the order. (f) Relationship to final suspension order. An immediate suspension order has the same force and effect of a final suspension order, subject to the terms and conditions presented in the order. ■ 7. Add § 1227.12 to read as follows: ddrumheller on DSK120RN23PROD with PROPOSALS1 § 1227.12 Request to vacate. (a) Grounds. A respondent subject to an immediate suspension order may petition FHFA for a request to vacate the order if each of the following conditions is met: (1) The covered misconduct on which the order was based does not include a conviction; (2) Each administrative sanction on which the order was based was imposed pursuant to authority that does not guarantee prior notice and a prior opportunity to present an opposition; and (3) Each administrative sanction on which the order was based is no longer in effect. (b) Content of request. A request to vacate a final suspension order that satisfies each of the conditions provided in this paragraph (b) does not preclude FHFA from requesting additional information from the respondent. The request must include: (1) A copy of the final order of suspension for which the request to vacate applies; (2) Documentation from the agency imposing the administrative sanction citing the authority under which the sanction was imposed; (3) Documentation from the agency imposing the administrative sanction demonstrating that the sanction is no longer in effect; and (4) All existing, proposed, or prior exclusions under regulations VerDate Sep<11>2014 18:29 Jul 20, 2023 Jkt 259001 implementing Executive Order 12549 and all similar actions taken by Federal, state, or local agencies, including administrative agreements that affect only those agencies. (c) Decision and response. FHFA will vacate the final order of suspension if it has been presented with documentation demonstrating that each of the conditions in paragraph (a) of this section has been satisfied, unless FHFA is aware of any other covered misconduct that has not formed the basis for a previously issued order of suspension, which may justify denying the request to vacate if the covered misconduct is of a type that would be likely to cause significant financial or reputational harm to a regulated entity or otherwise threaten the safe and sound operation of a regulated entity. FHFA will notify the respondent of its decision in a timely manner. If FHFA denies the request, its response will specify the reasons for the denial. Any such rejection shall not be appealable to the Director and shall constitute final agency action. (d) Relationship to requests for reconsideration. A request to vacate a final suspension order issued under this section is distinct from a request for reconsideration issued under § 1227.9. AGENCY: 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: 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: Anthony.V.Caldejon@faa.gov. SUPPLEMENTARY INFORMATION: 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 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 Sandra L. Thompson, Director, Federal Housing Finance Agency. [FR Doc. 2023–14723 Filed 7–20–23; 8:45 am] BILLING CODE 8070–01–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\21JYP1.SGM 21JYP1 47085 Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Proposed Rules 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-towing 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: ddrumheller on DSK120RN23PROD with PROPOSALS1 ESTIMATED COSTS Cost per product Labor cost Install a secondary full position limit switch to the flap system. Install a switch ramp on the flap actuator ..................... Modify rigging ................................................................ 1 work-hour × $85 per hour = $85 .. $587 $672 $19,488 1 work-hour × $85 per hour = $85 .. 4 work-hours × $85 per hour = $340 54 0 139 340 4,031 9,860 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 VerDate Sep<11>2014 18:29 Jul 20, 2023 Jkt 259001 Parts cost Cost on U.S. operators Action 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 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 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, E:\FR\FM\21JYP1.SGM 21JYP1 47086 Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Proposed Rules (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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 (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. VerDate Sep<11>2014 18:29 Jul 20, 2023 Jkt 259001 (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: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (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: Anthony.V.Caldejon@faa.gov. (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) PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 639–4603; email: 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: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.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] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1501; Project Identifier MCAI–2023–00380–T] RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2023–04–10, which applies to all Dassault Aviation Model MYSTERE– FALCON 900 airplanes. AD 2023–04–10 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2023–04–10, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require the actions in AD 2023–04–10 and would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. SUMMARY: The FAA must receive comments on this proposed AD by September 5, 2023. DATES: E:\FR\FM\21JYP1.SGM 21JYP1

Agencies

[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).

-----------------------------------------------------------------------

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">[email protected]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.
----------------------------------------------------------------------------------------------------------------

    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">[email protected]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]
BILLING CODE 4910-13-P
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