SUPPLEMENTARY INFORMATION:

What events have caused this AD? On July 7, 2003, a Piper PA-28-181 airplane crashed in the desert northeast of ( printed page 41408) Phoenix, Arizona, after the pilot lost control of the ailerons and elevator. The left control wheel single MS24964-S59 screw backed out of its nut plate and caused the control wheel to spin freely on the control column. Further investigation revealed the screw was too short and the nut plate lacked proper locking features to prevent the screw from backing out and becoming disengaged. In addition, the screw was installed on the bottom of the control wheel allowing it to fall out once it became disengaged. An investigation of sample fleets after the incident revealed that a large portion of the sampled airplanes had similar problems.

The following airplanes have a similar type design and would be subject to these same conditions: The New Piper Aircraft, Inc., Models PA-28-161, PA-28-181, PA-28R-201, PA-32R-301 (HP), PA-32R-301T, PA-32-301FT, PA-32-301XTC, PA-34-220T, PA-44-180, PA-46-350P, and PA-46-500TP airplanes.

What is the potential impact if FAA took no action? Inadequate control wheel attaching hardware could result in loss of control of the ailerons and elevator. This failure could lead to loss of control of the airplane.

Is there service information that applies to this subject? Yes, The New Piper Aircraft, Inc. has issued Service Bulletin No. 1139A, dated April 9, 2004.

What are the provisions of this service information? The service bulletin includes procedures for:

—Inspecting the control wheel attachment screw and nut plate for proper installation;

—Replacing the screw and/or nut plate, if required;

—Applying Loctite thread-locking compound; and

—Installing a retainer clip under the control wheel shaft assembly.

FAA's Determination and Requirements of the AD

What has FAA decided? We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design.

Since the unsafe condition described previously is likely to exist or develop on other Piper Models PA-28-161, PA-28-181, PA-28R-201, PA-32R-301 (HP), PA-32R-301T, PA-32-301FT, PA-32-301XTC, PA-34-220T, PA-44-180, PA-46-350P, and PA-46-500TP airplanes of the same type design, we are issuing this AD to detect and correct inadequate control wheel attaching hardware, which could result in loss of control of the ailerons and elevator. This failure could lead to loss of control of the airplane.

What does this AD require? This AD requires you to incorporate the actions in the previously-referenced service bulletin.

In preparing of this rule, we contacted type clubs and aircraft operators to get technical information and information on operational and economic impacts. We did not receive any information through these contacts. If received, we would have included a discussion of any information that may have influenced this action in the rulemaking docket.

How does the revision to 14 CFR part 39 affect this AD? On July 10, 2002, we published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions.

Comments Invited

Will I have the opportunity to comment before you issue the rule? This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any written relevant data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include “Docket No. FAA-2004-18032; Directorate Identifier 2004-CE-15-AD” in the subject line of your comments. If you want us to acknowledge receipt of your mailed comments, send us a self-addressed, stamped postcard with the docket number written on it; we will date-stamp your postcard and mail it back to you. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify it. If a person contacts us through a nonwritten communication, and that contact relates to a substantive part of this AD, we will summarize the contact and place the summary in the docket. We will consider all comments received by the closing date and may amend the AD in light of those comments.

Regulatory Findings

Will this AD impact various entities? We have 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.

Will this AD involve a significant rule or regulatory action? 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 the 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 summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include “AD Docket No. FAA-2004-18032; Directorate Identifier 2004-CE-15-AD” in your request.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):

2004-14-12 The New Piper Aircraft, Inc.: Amendment 39-13721; Docket No. FAA-2004-18032; Directorate Identifier 2004-CE-15-AD.

When Does This AD Become Effective?

(a) This AD becomes effective on August 10, 2004.

Are Any Other ADs Affected by This Action?

(b) None.

What Airplanes Are Affected by This AD?

(c) This AD affects the following airplane models and serial numbers that are certificated in any category: ( printed page 41409)

What Is the Unsafe Condition Presented in This AD?

(d) This AD is the result of inadequate control wheel attaching hardware. We are issuing this AD to detect and correct inadequate control wheel attachment design, which could result in loss of control of the ailerons and elevator. This failure could lead to loss of airplane.

What Must I Do to Address This Problem?

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

May I Request an Alternative Method of Compliance?

(f) You may request a different method of compliance or a different compliance time for this AD by following the procedures in 14 CFR 39.19. Unless FAA authorizes otherwise, send your request to your principal inspector. The principal inspector may add comments and will send your request to the Manager, Atlanta Aircraft Certification Office, FAA. For information on any already approved alternative methods of compliance, contact Samuel Belete, Aerospace Safety Engineer, FAA Atlanta Certification Office, One Crown Center, 1895 Phoenix Boulevard, Suite 450, Atlanta, Georgia, 30349; telephone: (770) 703-6048; facsimile: (770) 703-6097.

Does This AD Incorporate Any Material by Reference?

(g) You must do the actions required by this AD following the instructions in The New Piper Aircraft, Inc., Service Bulletin No. 1139A, dated April 9, 2004. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may get a copy from The New Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, Florida, 32960. You may review copies 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. You may view the AD docket at the Docket Management Facility; ( printed page 41410) U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001.