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]
Airworthiness Directives; Epic Aircraft, LLC Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
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,
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:
For service information identified in this final rule,
contact Epic Aircraft, LLC, 22590 Nelson Road, Bend, OR 97701; phone:
(541) 639-4603; email: epicaircraft.com">firstname.lastname@example.org; website:
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: email@example.com.
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
The FAA is issuing this AD to address the unsafe condition on these
Discussion of Final Airworthiness Directive
The FAA received no comments on the NPRM or on the determination of
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.
The FAA estimates the following costs to comply with this AD:
|Install a secondary full position
limit switch to
the flap system
||1 work-hour x $85 per hour
|Install a switch ramp on the
||1 work-hour x $85 per hour
||4 work-hours x $85 per hour =
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
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 of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
(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
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 adding the following new airworthiness