Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules 8595

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent reduced controllability of the

airplane due to structural deformation in the

elevator control system, accomplish the

following:

(a) Within 6 months after August 10, 1994

(the effective date of AD 94–14–07,

amendment 39–8959), modify the mounting

structure of the elevator controls on the rear

pressure bulkhead, in accordance with

Jetstream Service Bulletin J41–53–012, dated

November 30, 1993, or Revision 1, dated

October 3, 1994.

(b) 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,

Standardization Branch, ANM–113, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with sections 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 February 9, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–3753 Filed 2–14–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 91–NM–195–AD]

Airworthiness Directives; Boeing

Model 747–400 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a

notice of proposed rulemaking (NPRM)

that proposed to supersede an existing

airworthiness directive (AD), applicable

to certain Boeing Model 747–400 series

airplanes. That action would have

required the modification of certain

distance measuring equipment (DME),

which would terminate a previously

required limitation of the FAAapproved Airplane Flight Manual

(AFM) that prohibits terminal area and

enroute area navigation operations

under certain conditions. Since the

issuance of the NPRM, the Federal

Aviation Administration (FAA) has

issued separate rulemaking that requires

installation of the modification

proposed in the NPRM. Accordingly,

the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Pete

Skaves, Aerospace Engineer, Systems

and Equipment Branch, ANM–130S,

FAA, Transport Airplane Directorate,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2795; fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

supersede AD 91–12–08, amendment

39–7019 (56 FR 25362, June 4, 1991),

applicable to certain Boeing Model 747–

400 series airplanes, was published in

the Federal Register on November 1,

1991 (56 FR 56177). The proposed rule

would have required modification of

certain distance measuring equipment

(DME). Accomplishment of that

modification would have constituted

terminating action for a previously

required limitation of the FAAapproved Airplane Flight Manual

(AFM) that prohibits terminal area and

enroute area navigation operations

under certain conditions. That action

was prompted by the development of a

design change that would prevent

erroneous distance information from

being displayed to the flight crew and

sent to the flight management computer

(FMC). The proposed actions were

intended to prevent decreased enroute

area navigation (RNAV) accuracy or

decreased terminal area navigation

capabilities, which may then necessitate

missed approaches, the use of

alternative means of navigation for

approach, or diversion to an alternative

airport.

Since the issuance of that NPRM, the

FAA issued AD 94–02–02 (59 FR 2519,

January 18, 1994), applicable to

Rockwell International/Collins Air

Transport Division DME–700 Distance

Measuring Equipment. (A correction of

the rule was published in the Federal

Register on February 23, 1994 (59 FR

8519)). That AD requires, in part,

modification of certain DME units,

including those units installed on the

Boeing Model 747–400 series airplanes

that would have been applicable to the

rule proposed by the NPRM.

Since modification of the DME units

is now required by AD 94–02–02, the

FAA finds that the proposed

requirements of the NPRM are

unnecessary, since they would merely

duplicate those currently required by

AD 94–02–02. Accordingly, the

proposed rule is hereby withdrawn.

Additionally, since the modification

required by AD 94–02–02 eliminates the

need for the AFM limitation required by

AD 91–12–08, the FAA is considering

rescinding that AD by a separate

rulemaking action.

Withdrawal of this notice of proposed

rulemaking constitutes only such action,

and does not preclude the agency from

issuing another notice in the future, nor

does it commit the agency to any course

of action in the future.

Since this action only withdraws a

notice of proposed rulemaking, it is

neither a proposed nor a final rule and

therefore, is not covered under

Executive Order 12866, the Regulatory

Flexibility Act, or DOT Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979).

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Withdrawal

Accordingly, the notice of proposed

rulemaking, Docket 91–NM–195–AD,

published in the Federal Register on

November 1, 1991 (56 FR 56177), is

withdrawn.

Issued in Renton, Washington, on February

9, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–3751 Filed 2–14–95; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 876

[Docket No. 94N–0380]

Gastroenterology-Urology Devices;

Effective Date of the Requirement for

Premarket Approval of the Implanted

Mechanical/Hydraulic Urinary

Continence Device

AGENCY: Food and Drug Administration,

HHS.

ACTION: Proposed rule; opportunity to

request a change in classification.

SUMMARY: The Food and Drug

Administration (FDA) is proposing to

require the filing of a premarket

approval application (PMA) or a notice