Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the proposed rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each FAApublic contact concerned with the substance of this proposal will be filed in the Rules Docket.

Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must submit a selfaddressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 99NM276AD.'' The postcard will be date stamped and returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this NPRM by submitting a request to the FAA, Transport Airplane Directorate, ANM114, Attention: Rules Docket No. 99NM276AD, 1601 Lind Avenue, SW., Renton, Washington 980554056.

Discussion

As part of its practice of reexamining all aspects of the service experience of a particular aircraft whenever an accident occurs, the FAA has become aware of incidents of smoke in the lavatory area on McDonnell Douglas Model DC8 series airplanes. Investigation revealed that the cause of the smoke was an overheated flush pump motor. This condition, if not corrected, could result in damage to the flush pump motor cover, which could result in smoke in the lavatory area. Other Related Rulemaking

The FAA, in conjunction with Boeing and operators of Model DC8 series airplanes, is continuing to review all aspects of the service history of those airplanes to identify potential unsafe conditions and to take appropriate corrective actions. This proposed airworthiness directive (AD) is one of a series of actions identified during that process. The process is continuing and the FAA may consider additional rulemaking actions as further results of the review become available. Explanation of Relevant Service Information

The FAA has reviewed and approved McDonnell Douglas Alert Service Bulletin DC824A068, Revision 01, dated November 1, 1999, which describes procedures for replacing the toilet flushing circuit breakers of the lavatory with new circuit breakers, and marking applicable nameplates. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition.

Explanation of Requirements of Proposed Rule

Since an unsafe condition has been identified that is likely to exist or develop on other products of this same type design, the proposed AD would require accomplishment of the actions specified in the service bulletin described previously.

Cost Impact

There are approximately 232 Model DC8 series airplanes of the affected design in the worldwide fleet. The FAA estimates that 199 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 1 or 2 work hours per airplane, depending on the configuration of the airplane, to accomplish the proposed actions, and that the average labor rate is $60 per work hour. Required parts would cost approximately $348 per airplane. Based on these figures, the cost impact of the proposed AD on U.S. operators is estimated to be $408, or $468 per airplane, depending on the configuration of the airplane.

The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the proposed requirements of this AD action, and that no operator would accomplish those actions in the future if this proposed AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.

Regulatory Impact

The regulations proposed herein would 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. Therefore, it is determined that this proposal would not have federalism implications under Executive Order 13132.

For the reasons discussed above, I certify that this proposed regulation (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) if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory
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Flexibility Act. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment

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

PART 39AIRWORTHINESS 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. Section 39.13 is amended by adding the following new airworthiness directive:

McDonnell Douglas: Docket 99NM276AD.

Applicability: Model DC8 series airplanes, as listed in McDonnell Douglas Alert Service Bulletin DC824A068, Revision 01, dated November 1, 1999; certificated in any category.

Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (c) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required as indicated, unless accomplished previously.

To prevent overheating of the flush pump motor, which could result in damage to the flush pump motor cover, and consequent smoke in the lavatory area, accomplish the following:
Replacing Circuit Breakers and Marking of Nameplate
(a) Within 2 years after the effective date of this AD, replace the toilet flushing circuit breakers of the lavatory with new circuit breakers, and mark applicable nameplates, in accordance with McDonnell Douglas Alert Service Bulletin DC824A068, Revision 01, dated November 1, 1999.

Note 2: Replacements and markings accomplished prior to the effective date of this AD in accordance with McDonnell Douglas Service Bulletin 2468, dated February 14, 1984; are considered acceptable for compliance with the requirements of paragraph (a) of this AD.
Spares
(b) As of the effective date of this AD, no person shall install a 2 amp toilet flushing circuit breaker, part number MP1503DC8, on any airplane.
Alternative Methods of Compliance
(c) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Los Angeles Aircraft Certification Office (ACO), FAA. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO.

Note 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Los Angeles ACO.
Special Flight Permit
(d) Special flight permits may be issued in accordance with Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.

Issued in Renton, Washington, on August 25, 2000. Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 0022308 Filed 83100; 8:45 am] BILLING CODE 491013U

FOR FURTHER INFORMATION CONTACT Elvin Wheeler, Aerospace Engineer, Systems and Equipment Branch, ANM130L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 907124137; telephone (562) 6275344; fax (562) 6275210.