### 44884 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations

(ii) a battery temperature sensing and over-temperature warning system with a means for automatically disconnecting the battery from its charging source in the event of an over-temperature condition, or

(iii) a battery failure sensing and warning system with a means for automatically disconnecting the battery from its charging source in the event of battery failure.

(8) Any Li-ion battery installation whose function is required for safe operation of the airplane must incorporate a monitoring and warning feature that will provide an indication to the appropriate flight crewmembers whenever the capacity and state of charge (SOC) of the batteries have fallen below levels considered acceptable for dispatch of the airplane.

(9) The Instructions for Continued Airworthiness (ICA) must contain required manufacturer’s maintenance and inspection requirements to ensure batteries, including single cells, meet a safety function level essential to the aircraft’s continued airworthiness.

(i) The ICA must contain operating instructions and equipment limitations in an installation maintenance manual.

(ii) The ICA must contain installation procedures and limitations in a maintenance manual sufficient to ensure cells or batteries, when installed according to the installation procedures, still meet safety functional levels essential to the aircraft’s continued airworthiness. The limitations must identify any unique aspects of the installation.

(iii) The ICA must contain corrective maintenance procedures to functionally check battery capacity at the manufacturer’s required inspection intervals.

(iv) The ICA must contain scheduled servicing information to replace batteries at the manufacturer’s required replacement time.

(v) The ICA must contain maintenance and inspection requirements to visually check for a battery and/or charger degradation.

(10) Batteries in a rotating stock (spares) that have experienced degraded charge retention capability or other damage due to prolonged storage must be functionally checked at manufacturers recommended inspection intervals.

(11) If the Lithium Ion battery application contains software and/or complex hardware in accordance with Advisory Circular (AC) 20–115B and AC 20–152, they should be developed to the standards of DO–178B for software and DO–254 for complex hardware. These special conditions are not intended to replace § 23.1353 in the certification basis of the Cessna model 525 Citation Jet. These special conditions apply only to Li-ion batteries and battery installations. The battery requirements of § 23.1353 remain in effect for batteries and battery installations on Cessna model 525 Citation Jets that do not use Lithium Ion batteries.

Issued in Kansas City, Missouri on July 14,
2010. Kimberly K. Smith, Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010–18669 Filed 7–29–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2010–0270; Airspace Docket No. 10–AAL–8]** 

**Revision of Class E Airspace; Kulik Lake, AK** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action revises Class E airspace at Kulik Lake, AK, to correct an error in the airspace legal description. The FAA is taking this action to enhance safety and management of Instrument Flight Rules (IFR) operations at Kulik Lake Airport.

**DATES :**  Effective 0901 UTC, September 23, 2010. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Derril Bergt, AAL–BAL, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513– 7587; telephone number (907) 271– 2796; fax: (907) 271–2850; e-mail: derril.bergt@faa.gov. Internet address: http://www.faa.gov/about/office

_ org/ headquarters

_ offices/ato/service

_ units/ systemops/fs/alaskan/rulemaking/.

**SUPPLEMENTARY INFORMATION :**  History

On Tuesday, May 11, 2010, the FAA published a notice of proposed rulemaking in the Federal Register to revise Class E airspace at Kulik Lake, AK (75 FR 26151). Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received, and the rule is adopted as proposed.

The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by revising Class E airspace at Kulik Lake Airport, AK, to correct an old airspace description error. This Class E airspace will provide adequate controlled airspace upward from 700 feet above the surface for safety and management of IFR operations at Kulik Lake Airport.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(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) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Because this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority.

This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the


### 44885 Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations

Kulik Lake Airport and represents the FAA’s continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment

■ In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:

**PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND**  **CLASS E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND**  **REPORTING POINTS**

■ 1. The authority citation for 14 CFR part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

**§ 71.1 [Amended]**

■ 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9T, Airspace Designations and Reporting Points, signed August 27, 2009, and effective September 15, 2009, is amended as follows:
Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or More Above the Surface of the Earth
* * * * *

AAL AK E5 Kulik Lake, AK [Revised] Kulik Lake Airport, AK

(Lat. 58 ° 58 ′ 55 ′′ N., long. 155 ° 07 ′ 17 ′′ W) That airspace extending upward from 700 feet above the surface within a 4.3-mile radius of the Kulik Lake Airport, AK, and within 4 miles either side of the 278 bearing from the Kulik Lake Airport, extending from the 4.3-mile radius to 7.5 miles west of the Kulik Lake Airport, AK.

Issued in Anchorage, AK, on July 20, 2010. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010–18663 Filed 7–29–10; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**14 CFR Part 382**

**[Docket No. DOT–OST–2004–19482; DOT– OST–2005–22298; DOT–OST–2006–23999]** 

**RIN No. 2105–AC97; 2105–AC29; 2105– AD41** 

**Nondiscrimination on the Basis of Disability in Air Travel; Corrections** 

**AGENCY :**  Office of the Secretary, Department of Transportation. **ACTION :**  Correcting amendments.

**SUMMARY :**  The Department of Transportation published its amended Air Carrier Access Act (ACAA) rule in the Federal Register on Tuesday, May 13, 2008 (73 FR 27614). That rule amended the ACAA rules to apply to foreign air carriers and added new provisions concerning passengers who use medical oxygen and passengers who are deaf or hard-of-hearing. A corrections notice was published on March 18, 2009. This document further corrects editorial errors or omissions and provides clarifications regarding the preamble and regulatory text of the final rule.

**DATES :**  Effective Date: These amendments and corrections are effective July 30, 2010.

**FOR FURTHER INFORMATION CONTACT :**  Clereece Y. Kroha, Trial Attorney, Office of the Assistant General Counsel for Aviation Enforcement and Proceedings, Department of Transportation, 1200 New Jersey Ave., SE., Washington, DC 20590, 202–366–9342 (voice), 202–366– 7152 (fax), clereece.kroha@dot.gov (email). TTY users may reach the individual via the Federal Relay Service toll-free at 800–877–8339. Arrangements to receive this notice in an alternative format may also be made by contacting the above named individual.

**SUPPLEMENTARY INFORMATION :**  I. Background

The Department of Transportation published its amended Air Carrier Access Act rule, Nondiscrimination on the Basis of Disability in Air Travel, 14 CFR Part 382 (Part 382), in the Federal Register on May 13, 2008, (73 FR 27614), applying Part 382 to foreign carriers, adding new provisions concerning accommodations for passengers who use medical oxygen and who are deaf or hard-of-hearing, and reorganizing the entire rule. On March 18, 2009, the Department published a correction notice in the Federal Register (74 FR 11469), correcting several editorial errors, inconsistencies, and omissions that had been identified. Since the final rule became effective on May 13, 2009, we have identified several additional minor typographical and technical errors in the final rule text as well as the preamble, which this document corrects. We have set forth these corrections below. The corrections to the preamble can also be found on our Web site at http:// airconsumer.ost.dot.gov/. II. Summary of Errors to the Final ACAA Rule A. Errors in the Preamble of the May 13, 2008, Final Rule (73 FR 27164)

On page 27619, in the third column, we intended to state that the carriers may choose to supplement the accessibility service provided by airports themselves or hire a contractor to do so. We erroneously used the word

‘‘ itself ’’ instead of ‘‘themselves. ’’ This error is being corrected.

On page 27620, in the first column, we discuss the applicability of the Title II ADA rules to transportation services provided by public entities. A period omitted at the end of that sentence is being added.

On page 27651, in the first column, in the first paragraph, we state that the requirements for information and reservation services apply to foreign carriers only with respect to flights covered by § 382.5. The correct section reference should be § 382.7. A similar typographical error is also being corrected on page 27651, in the second column, in the second paragraph.

On page 27654, in the first column, where we discuss the issue of whether a carrier should allow a passenger with a disability to make brief stops to obtain food and a beverage when assisting in his/her transfer to the connecting gate, we are correcting two editorial errors by deleting the word ‘‘would ’’ from one sentence and the word ‘‘ should ’’ from another sentence.

On page 27665, in the first column, we discuss the cost incurred by small foreign carriers related to obtaining boarding equipment. An incomplete sentence is being corrected. Thus, the language that appeared as ‘‘mall carrier use the same airport, however, a sharing arrangement may be more effective ’’ will read: ‘‘ For small carriers using the same airport, however, a sharing arrangement may be more effective. ’’

On the same page, following the paragraph discussed above, another typographical error is being corrected by deleting an unnecessary ‘‘ a’’ from the
next sentence. B. Errors in the Regulatory Text of May 13, 2008, Final Rule

In § 382.7(f), we state that §§ 382.17 through 382.157 generally do not apply to an indirect carrier except insofar as § 382.11(b) applies to such a carrier. By doing so, we inadvertently omitted the first sentence in this subsection that would have explained that the general nondiscrimination provisions contained in §§ 382.1 through 382.15 do apply to indirect carriers. We are adding a sentence in § 382.7(f) to make this clear.