[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Rules and Regulations]
[Pages 52205-52208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20702]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0955; Directorate Identifier 2008-CE-040-AD; 
Amendment 39-15668; AD 2008-19-01]
RIN 2120-AA64


Airworthiness Directives; Harco Labs, Inc. Pitot/AOA Probes (Part 
Numbers 100435-39, 100435-39-001, 100435-40, and 100435-40-001)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Harco Labs, Inc. part numbers 100435-39, 100435-39-001, 100435-
40, and 100435-40-001 pitot/angle of attack (AOA) probes installed on, 
but not limited to Eclipse Aviation Inc. Model EA500 airplanes. This AD 
requires you to incorporate information into the Limitations section of 
the airplane flight manual (AFM) that will allow operation only under 
day visual flight rules (VFR) and allow only a VFR flight plan. This AD 
also requires you to test the pitot/AOA probes for heater performance 
and replace the pitot/AOA probe if it fails the heater performance 
test. This AD results from several reports of airspeed disagree caution 
indication due to blockage from freezing condensation within the pitot/
AOA system. We are issuing this AD to detect and correct improperly 
performing pitot/AOA probe heaters, which could result in blockage 
within the pitot/AOA system from condensation freezing with consequent 
incorrect indication of impact air pressure (airspeed/AOA). This 
blockage could lead to the stall warning becoming unreliable and the 
stick pusher, overspeed warning, autopilot, and yaw damper to 
malfunction.

DATES: This AD becomes effective on September 29, 2008.
    On September 29, 2008, the Director of the Federal Register 
approved the incorporation by reference of certain publications listed 
in this AD.
    We must receive any comments on this AD by November 10, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact Harco 
Labs, Inc. 186 Cedar Street, Branford, Connecticut 06405; telephone: 
(203) 483-3700; fax: (203) 483-3701, and Eclipse Aviation, 2503 Clark 
Carr Loop SE, Albuquerque, New Mexico 87106; telephone: (505) 245-7555; 
fax: (505) 241-8802.
    To view the comments to this AD, go to http://www.regulations.gov. 
The docket number is FAA-2008-0955; Directorate Identifier 2008-CE-040-
AD.

FOR FURTHER INFORMATION CONTACT: Solomon Hecht, Aerospace Engineer, 12 
New England Executive Park, Burlington, Massachusetts 01803; telephone: 
(781) 238-7159; fax: (781) 238-7170.

SUPPLEMENTARY INFORMATION:

Discussion

    We received several reports of airspeed disagree caution indication 
due to blockage within the pitot/AOA system from freezing condensation. 
We are issuing this AD to detect and correct improperly performing 
pitot/AOA probe heaters.
    This condition, if not corrected, could result in a blockage within 
the pitot/AOA system from condensation freezing with consequent 
incorrect indication of impact air pressure (airspeed/AOA). This 
blockage could lead to the stall warning becoming unreliable and the 
stick pusher, overspeed warning, autopilot, and yaw damper to 
malfunction.

Relevant Service Information

    We reviewed Harco Labs, Inc. Service Bulletin SB-34-10-10-001, 
Revision F, dated August 19, 2008; Harco Pitot AOA Probe Internal 
Tubing Heater Verification Test Procedure No. P1149, Rev: E, referenced 
in 8. Appendix A of Harco Labs, Inc. Service Bulletin SB-

[[Page 52206]]

34-10-10-001, Revision F, dated August 19, 2008; and Eclipse Aviation 
Alert Service Bulletin SB 500-34-019, Rev C, dated August 20, 2008. The 
service information describes procedures for verification of the 
internal tube (wedge) heater performance on pitot/AOA probes.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design. This AD requires 
you to incorporate information into the Limitations section of the 
airplane flight manual (AFM) that will allow operation only under day 
visual flight rules (VFR) and allow only a VFR flight plan. This AD 
also requires you to test the pitot/AOA probes for heater performance 
and replace the pitot/AOA probe if it fails the heater performance 
test.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because the 
potential for the stall warning to become unreliable and the stick 
pusher, overspeed warning, autopilot, and yaw damper to malfunction due 
to blockage from condensation freezing in the pitot/AOA system 
compromises the continued operational safety of the airplanes. 
Therefore, we determined that notice and opportunity for public comment 
before issuing this AD are impracticable and that good cause exists for 
making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and an opportunity for 
public comment. We invite you to send any written relevant data, views, 
or arguments regarding this AD. Send your comments to an address listed 
under the ADDRESSES section. Include the docket number ``FAA-2008-0955; 
Directorate Identifier 2008-CE-040-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive concerning this AD.

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.
    We are 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

    We determined that 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) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory 
evaluation, any comments received, and other information on the 
Internet at http://www.regulations.gov; or in person at the Docket 
Management Facility between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Office (telephone (800) 647-5527) 
is located at the street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 (AD):

2008-19-01 Harco Labs, Inc.: Amendment 39-15668; Docket No. FAA-
2008-0955; Directorate Identifier 2008-CE-040-AD.

Effective Date

    (a) This AD becomes effective on September 29, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Harco Labs, Inc. pitot/angle of attack 
(AOA) probe part numbers (P/Ns) 100435-39, 100435-39-001, 100435-40, 
and 100435-40-001; serial numbers 740000 through 799999; that are 
installed on, but not limited to Eclipse Aviation Company Model 
EA500 airplanes, certificated in any category, with:
    (1) A serial number in the range of 000001 through 000189 where 
the affected probe was installed at manufacture; or
    (2) Any serial number where an affected probe was installed in 
the field.

Unsafe Condition

    (d) This AD is the result of several reports of airspeed 
disagree caution indication due to blockage within the pitot/AOA 
system from freezing condensation. We are issuing this AD to detect 
and correct improperly performing pitot/AOA probe heaters, which 
could result in blockage within the pitot/AOA system from 
condensation freezing with consequent incorrect indication of impact 
air pressure (airspeed/AOA). This blockage could lead to the stall 
warning becoming unreliable and the stick pusher, overspeed warning, 
autopilot, and yaw damper to malfunction.

Compliance

    (e) To address this problem, you must do the following, unless 
already done:

[[Page 52207]]



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               Actions                             Compliance                            Procedures
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(1) Do a logbook check of the         Before further flight after           The owner/operator holding at least
 maintenance records to determine if   September 29, 2008 (the effective     a private pilot certificate as
 any pitot/AOA probe (P/Ns 100435-     date of this AD).                     authorized by section 43.7 of the
 39, 100435-39-001, 100435-40, or                                            Federal Aviation Regulations (14
 100435-40-001) with any affected                                            CFR 43.7) may do the logbook check.
 serial number is installed. If, as                                          Make an entry into the aircraft
 a result of this check, you                                                 logbook showing compliance with
 positively identify that all (P/Ns                                          this portion of the AD in
 100435-39, 100435-39-001, 100435-                                           accordance with section 43.9 of the
 40, or 100435-40-001) pitot/AOA                                             Federal Aviation Regulations (14
 probes installed do not have a                                              CFR 43.9).
 serial number affected by this AD,
 then no further action is required.
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(2) If you find, as a result of the   Before further flight after           The owner/operator holding at least
 check required by paragraph (e)(1)    September 29, 2008 (the effective     a private pilot certificate as
 of this AD any pitot/AOA probe with   date of this AD).                     authorized by section 43.7 of the
 an affected serial number is                                                Federal Aviation Regulations (14
 installed or you cannot positively                                          CFR 43.7) may insert the
 identify the serial number of any                                           information into the AFM as
 pitot/AOA probe installed,                                                  specified in paragraph (e)(2) of
 incorporate the following text into                                         this AD. You may insert a copy of
 the Limitations section of the                                              this AD into the Limitations
 airplane flight manual (AFM):                                               section of the AFM to comply with
(i) ``Operate Only under Day Visual                                          this action. Make an entry into the
 Flight Rules (VFR)''; and                                                   aircraft logbook showing compliance
(ii) ``File Only a VFR Flight                                                with this portion of the AD in
 Plan.''                                                                     accordance with section 43.9 of the
                                                                             Federal Aviation Regulations (14
                                                                             CFR 43.9).
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(3) If you find any pitot/AOA probe   Within the next 90 days after         (i) For all probes installed in
 with an affected serial number is     September 29, 2008 (the effective     Eclipse Model EA500 airplanes, use
 installed or you cannot positively    date of this AD).                     Eclipse Aviation Alert Service
 identify the serial number of any                                           Bulletin SB 500-34-019, Rev C,
 pitot/AOA probe installed, test the                                         dated August 20, 2008; and (ii) For
 pitot/AOA probe heater performance.                                         all probes, use Harco Labs, Inc.
 Completion of the test with all                                             Service Bulletin SB-34-10-10-001,
 pitot/AOA probes passing terminates                                         Revision F, dated August 19, 2008,
 the AFM operational limitations                                             and Harco Pitot AOA Probe Internal
 required in paragraph (e)(2) of                                             Tubing Heater Verification Test
 this AD.                                                                    Procedure No. P1149, Rev: E, also
                                                                             referenced in 8. Appendix A of
                                                                             Harco Labs, Inc. Service Bulletin
                                                                             SB-34-10-10-001 Revision F, dated
                                                                             August 19, 2008.
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(4) If any pitot/AOA probe fails the  Within the next 90 days after         Replace following Eclipse Aviation
 test procedure specified in           September 29, 2008 (the effective     Alert Service Bulletin SB 500-34-
 paragraph (e)(3) of this AD,          date of this AD).                     019, Rev C, dated August 20, 2008,
 replace it with a pitot/AOA probe                                           or following an FAA-approved repair
 under the following situations:                                             procedure (e.g. the FAA-approved
(i) the replacement pitot/AOA probe                                          aircraft maintenance manual), as
 serial number is not affected by                                            applicable.
 this AD;
(ii) the replacement pitot/AOA probe
 successfully passes the test
 procedure in paragraph (e)(3) of
 this AD; or
(iii) the replacement pitot/AOA
 probe fails the test or is not
 tested and you:
(A) comply with paragraph (e)(2) of
 this AD; and
(B) within the next 90 days after
 September 29, 2008, install a pitot/
 AOA probe that meets the criteria
 of paragraph (e)(4)(i) or
 (e)(4)(ii) of this AD.
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(5) Do not install any P/N 100435-    As of September 29, 2008 (the         Not applicable.
 39, 100435-39-001, 100435-40, or      effective date of this AD).
 100435-40-001 pitot/AOA probe
 unless the criteria of paragraph
 (e)(4)(i), (e)(4)(ii), or
 (e)(4)(iii) of this AD are met.
----------------------------------------------------------------------------------------------------------------
(6) Remove the operating limitations  Before further flight after           Not applicable.
 specified in paragraph (e)(2) of      completion of the test in paragraph
 this AD from the Limitations          (e)(3) of this AD with all pitot/
 section of the AFM.                   AOA probes passing or replacement
                                       of all failed pitot/AOA probes
                                       with: (i) pitot/AOA probes having
                                       serial numbers not affected by this
                                       AD; or (ii) pitot/AOA probes
                                       successfully passing the test
                                       following paragraph (e)(3) of this
                                       AD.
----------------------------------------------------------------------------------------------------------------

    (f) If you are required to accomplish paragraph (e)(3) of this 
AD, previously tested the pitot/AOA probe using Harco Labs, Inc. 
Service Bulletin SB-34-10-10-001, Revision E or earlier, and have a 
copy of the Pitot AOA Probe Internal Tubing Heater Verification

[[Page 52208]]

Test Procedure Data Sheet for the probe being tested, you may use 
that data to accomplish procedure 3.1 Lines 1 through 14 or 
procedure 3.2 Lines 1 though 14, of Harco Pitot AOA Probe Internal 
Tubing Heater Verification Test Procedure No. P1149, Rev: E, also 
referenced in 8. Appendix A of Harco Labs, Inc. Service Bulletin SB-
34-10-10-001 Revision F, dated August 20, 2008.

Special Flight Permit

    (g) Under 14 CFR 39.23, we are limiting the special flight 
permits for this AD by requiring you to follow the limitations in 
paragraph (e)(2) of this AD (``Operate Only under Day Visual Flight 
Rules (VFR)'' and ``File Only a VFR Flight Plan'').

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Boston Aircraft Certification Office, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to ATTN: Solomon 
Hecht, Aerospace Engineer, 12 New England Executive Park, 
Burlington, Massachusetts 01803; telephone: (781) 238-7159; fax: 
(781) 238-7170. Before using any approved AMOC on any airplane to 
which the AMOC applies, notify your appropriate principal inspector 
(PI) in the FAA Flight Standards District Office (FSDO), or lacking 
a PI, your local FSDO.

Material Incorporated by Reference

    (i) You must use Harco Labs, Inc. Service Bulletin SB-34-10-10-
001, Revision F, dated August 19, 2008; Harco Pitot AOA Probe 
Internal Tubing Heater Verification Test Procedure No. P1149 Rev: E 
also referenced in 8. Appendix A of Harco Labs, Inc. Service 
Bulletin SB-34-10-10-001, Revision F, dated August 19, 2008; and 
Eclipse Aviation Alert Service Bulletin SB 500-34-019, Rev C, dated 
August 20, 2008, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact Harco 
Labs, Inc. 186 Cedar Street, Branford, Connecticut 06405; telephone: 
(203) 483-3700; fax: (203) 483-3701 and Eclipse Aviation, 2503 Clark 
Carr Loop SE, Albuquerque, New Mexico 87106; telephone: (505) 245-
7555; fax: (505) 241-8802.
    (3) You may review copies at the FAA, Central Region, Office of 
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on August 29, 2008.
Brian A. Yanez,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-20702 Filed 9-8-08; 8:45 am]
BILLING CODE 4910-13-P