[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.
Federal eRulemaking Portal: Go to http://www.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: 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.
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(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.
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(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