Date: 201309
Location: EGE.Airport, CO
Aircraft: Beechjet 400
ATC / advisory: Center ZDV; Tower EGE
Aircraft component: Aerofoil Ice System
Component problem: Failed
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Situational Awareness; Time Pressure
Anomaly: Aircraft Equipment Problem Less Severe; Deviation - Altitude Overshoot; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural Clearance; Inflight Event / Encounter Weather / Turbulence
Detector: Automation Aircraft Other Automation; Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Flight Crew Diverted; Flight Crew Executed Go Around / Missed Approach; Flight Crew Took Evasive Action; Flight Crew Returned To Clearance
Contributing factors: Human Factors; Aircraft; Weather
Primary problem: Aircraft

Narrative: On descent into EGE the 'H Stab Ice Fail' light illuminated and we consulted the checklist and accomplished the relevant steps. There is a checklist admonition to avoid icing conditions. From our position it looked like the approach path to the EGE airport appeared clear. Denver Center advised us that EGE had reported a low cloud deck had begun to build at approximately 400 feet AGL and offered us a moment to switch to Tower frequency to consult with the Local Controller. EGE Tower reported that a thin layer was indeed building; but that the previous aircraft had landed just a few minutes earlier and did not report difficulty picking up the airport.  The crew discussed this and decided to continue with an approach. We recontacted Center and received approach clearance. As we reached our minimum altitude on the approach it was evident that we would not be able to maintain adequate reference to the surface for a landing so we commenced a missed approach. The published missed approach path would take us back into the clouds where we had previously experienced icing conditions so that was not an option. I asked my First Officer to convey our failed anti-ice system and that we were currently VFR and could maintain our own terrain clearance and to ask for an alternate missed approach clearance that would take us to the left of course and away from the IMC conditions.  ATC initially cleared us to 15;000 feet; and it took several exchanges with ATC; including a final clarifying call from me; to get our message across on our need for alternate missed approach instructions. Prior to the  first turn on the published missed we were finally issued a heading to fly ; but due to my distraction with  the lack of communication with ATC; and the fact that I was hand flying because the autopilot failed to  engage earlier on in the missed; I flew through our assigned altitude by about 300 feet. I immediately corrected; finally got the autopilot to engage and continued. There was no mention of any issues from ATC. As another approach to EGE would have been fruitless; and other nearby airports were experiencing unforecasted poor weather; we requested and received clearance to APA. As we were working to load our new clearance into the FMS we received a call from Company as to what was happening. They were advised of our maintenance issue and our intent to go to APA and the conversation ended. We should have ignored the initial call as this was just another distraction in what is now a very busy few minutes. As it was taking longer than I wanted to locate the fixes we needed for our clearance; I asked for an initial vector from ATC and received it. Once on our way to APA we received another call from Company asking if we could go to ZZZ instead because of the availability of Maintenance. We received yet another clearance and the rest of the flight proceeded uneventfully.  From our initial position when we received approach clearance it was apparent that we could maintain VFR throughout the approach; but it wasn't clear until much later that the missed approach path was going to be unacceptable. With 20/20 hindsight; I could have asked for a missed approach; 'Maintain VFR; headings and altitudes my discretion'; but the possibility of a missed approach seemed remote at the time.  I have one suggestion for the Company: When you see an aircraft in the middle of a diversion; give the crew more than 4 or 5 minutes before placing a call to them. Yes; we could have not picked up the phone; but simply having the ringer going is a distraction we could do without during the busy time of a missed approach and early steps of a diversion. We will call once we're in a low workload environment.




Synopsis: BE400 Captain reports a 'H Stab Ice Fail' light during descent into EGE in VMC. A cloud layer building at low altitude results in a missed approach and a request by the reporter to remain VFR on the missed to avoid icing. Multiple radio exchanges are required to get the clearance straight along with a call from the Company are distracting and lead to an altitude deviation.