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 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Rules and Regulations 44885 

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. 


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