2572 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 

List of Subjects in 13 CFR Part 115 

Claims, Reporting and recordkeeping 

requirements, Small businesses, Surety 

bonds. 

For the reasons stated in the 

preamble, the Small Business 

Administration amends 13 CFR Part 115 

as follows: 

PART 115—SURETY BOND 

GUARANTEE 

■ 1. The authority citation for part 115 

is revised to read as follows: 

Authority: 5 U.S.C. app. 3; 15 U.S.C. 687b, 

687c, 694a, 694b note, Pub. L. 106–554; Pub. 

L. 108–447, Div K, Sec. 203; Pub. L. 110–246, 

Sec. 12079, 122 Stat. 1651; and Pub. L. 111– 

5, 123 Stat.115. 

■ 2. In § 115.10, revise the definition of 

‘‘Applicable Statutory Limit’’ and add a 

definition of ‘‘Head of Agency’’ in 

alphabetical order to read as follows: 

§ 115.10 Definitions. 

* * * * * 

Applicable Statutory Limit means the 

maximum amount of any Contract or 

Order for which section 411(a) of the 

Small Business Investment Act, as 

amended from time to time, or other 

law, authorizes SBA to guarantee, or 

commit to guarantee, a Bid Bond, 

Payment Bond, Performance Bond, or 

Ancillary Bond. 

* * * * * 

Head of Agency means in the case of 

a cabinet department, the Secretary; and 

in the case of an independent 

commission, board, or agency, the Chair 

or Administrator; or any person to 

whom the Secretary, Chair, or 

Administrator has directly delegated the 

authority to request SBA to guarantee 

bonds on Contracts or Orders in excess 

of $5,000,000. 

* * * * * 

■ 3. In § 115.12, add paragraph (e)(5) to 

read as follows: 

§ 115.12 General program policies and 

provisions. 

* * * * * 

(e) * * * 

(5) Guarantee authority for Contracts 

and Orders related to a major disaster 

area. Subject to the availability of funds 

appropriated in advance specifically for 

the purpose of guaranteeing bonds for 

any Contract or Order related to a major 

disaster, SBA may guarantee bonds on 

any Contract or Order under the 

following terms and conditions: 

(i) The Contract or Order does not 

exceed $5,000,000 at the time of bond 

execution, and: 

(A) For products or services procured 

under a Federal Contract or Order, the 

products will be manufactured or the 

services will be performed in the major 

disaster area identified in the Federal 

Emergency Management Agency 

(FEMA) Web site at http:// 

www.fema.gov, or the products will be 

manufactured or the services will be 

performed outside the major disaster 

area and the products or services will 

directly assist in the recovery efforts in 

the major disaster area; or 

(B) For products or services procured 

under any other Contract or Order, the 

products will be manufactured or the 

services will be performed in the major 

disaster area identified in the FEMA 

Web site at http://www.fema.gov; 

(ii) At the request of the Head of the 

Agency involved in reconstruction 

efforts in response to a major disaster, 

SBA may guarantee bonds on Federal 

Contracts or Orders in excess of 

$5,000,000, but not more than 

$10,000,000; 

(iii) The restrictions set forth in 

paragraph (e)(3) of this section do not 

apply to the guarantees issued under 

this paragraph (e)(5); and 

(iv) A guarantee may be issued under 

this paragraph (e)(5) for any Contract or 

Order for which an offer is submitted or 

an award is made within 12 months 

from the date an area is designated a 

major disaster area in the Federal 

Register. SBA may, at its discretion, 

extend this time period for any 

particular disaster, and will publish a 

notice of the extension in the Federal 

Register. 

* * * * * 

■ 4. Amend § 115.16 as follows: 

■ a. Remove the word ‘‘and’’ at the end 

of paragraph (f)(3); 

■ b. Remove the punctuation ‘‘.’’ at the 

end of paragraph (f)(4) and add ‘‘; and’’ 

in its place; and 

■ c. Add paragraph (f)(5) to read as 

follows: 

§ 115.16 Determination of Surety’s Loss. 

* * * * * 

(f) * * * 

(5) Any costs that arise from the 

Principal’s failure to secure and 

maintain insurance coverage required 

by the Contract or Order, or any costs 

that result from any claims or judgments 

that exceed the amount of any insurance 

coverage required by the Contract or 

Order, as well as any costs that arise as 

a result of any agreement by the 

Principal in the Contract or Order to 

indemnify the Obligee or any other 

Persons. 

Dated: January 6, 2011. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2011–652 Filed 1–13–11; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0808; Airspace 

Docket No. 10–AWP–14] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Kwajalein Island, Marshall Islands, RMI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects a final 

rule; technical amendment published in 

the Federal Register. In that rule, errors 

were made in the airspace description. 

This action corrects those errors. 

DATES: Effective date 0901 UTC, January 

13, 2011. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace Regulation and ATC 

Procedures Group, Office of Mission 

Support Services, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On October 7, 2010, a final rule; 

technical amendment was published in 

the Federal Register, FAA Docket No. 

FAA–2010–0808, Airspace Docket No. 

10–AWP–14 that amended Title 14 

Code of Federal Regulations part 71 by 

amending Class E airspace; Kwajalein 

Island, Marshall Islands, RMI (75 FR 

61993). Specifically, the Kwajalein 

Tactical Air Navigation System 

reference was removed from the legal 

descriptions. However, the airspace 

descriptions contained several data 

points that were in error. This action 

corrects those errors. The correct full 

legal description is provided below. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, the legal 

description for the Class E airspace area 

for Kwajalein Island, Marshall Islands, 

RMI, as published in the Federal 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 2573 

Register on October 7, 2010, FR Doc. 

2010–25220, (75 FR 61933) on page 

61994, column 1, is corrected as 

follows: 

§ 71.1 [Amended] 

Paragraph 6004–Class E airspace areas 

designated as an extension to a class D or 

class E surface area 

* * * * * 

AWP RM E4 Kwajalein Island, Marshall 

Islands, RMI [Amended] 

Kwajalein Island, Bucholz AAF, RMI 

(Lat. 08°43′12′′ N., long. 167°43′54′′ E.) 

Kwajalein RBN 

(Lat. 08°43′15′′ N., long. 167°43′40′′ E.) 

That airspace extending upward from the 

surface within 2.2 miles each side of the 

Bucholz AAF 249° bearing, extending from 

the 4.3-mile radius of Bucholz AAF to 5.2 

miles west of the Bucholz AAF, and within 

3 miles each side of the 077° bearing from the 

Kwajalein RBN, extending from the 4.3-mile 

radius to 9.6 miles east of the RBN. This 

Class E airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

published in the Pacific Chart Supplement. 

* * * * * 

Paragraph 6005 Class E airspace areas 

extending upward From 700 feet or more 

above the surface of the earth 

* * * * * 

AWP RM E5 Kwajalein Island, Marshall 

Islands, RMI [Amended] 

Kwajalein Island, Bucholz AAF, RMI 

(Lat. 08°43′12′′ N., long. 167°43′54′′ E.) 

That airspace extending upward from 700 

feet above the surface within a 12-mile radius 

of Bucholz AAF. That airspace extending 

upward from 1,200 feet above the surface 

within a 100-mile radius of Bucholz AAF. 

Issued in Washington, DC, on January 12, 

2011. 

Edith V. Parish, 

Manager, Airspace, Regulation and ATC 

Procedures Group. 

[FR Doc. 2011–867 Filed 1–12–11; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Parts 145, 159, 173 and 174 

[CBP Dec. 11–02] 

Technical Corrections: Matters Subject 

to Protest and Various Protest Time 

Limits 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This document amends title 

19 of the Code of Federal Regulations 

(19 CFR) by making technical 

corrections to certain protest provisions 

within part 174. The technical 

corrections are necessary to conform 19 

CFR to reflect amendments to part 174’s 

underlying statutory authority effected 

by the Customs Modernization 

provisions of the North American Free 

Trade Agreement (NAFTA) 

Implementation Act, the Miscellaneous 

Trade and Technical Corrections Act of 

1999, and the Miscellaneous Trade and 

Technical Corrections Act of 2004. This 

document also makes related 

conforming changes to other provisions 

within 19 CFR, as necessitated by these 

statutory amendments, as well as nonsubstantive editorial and nomenclature 

changes. 

DATES: The final rule is effective on 

January 14, 2011. 

FOR FURTHER INFORMATION CONTACT: Julia 

H. Rieper, Entry Process and Duty 

Refunds Branch, Regulations and 

Rulings, Office of International Trade, 

Customs and Border Protection, Tel. 

(202) 325–0226. 

SUPPLEMENTARY INFORMATION: 

Background 

This document amends title 19 of the 

Code of Federal Regulations (19 CFR) by 

making technical corrections to certain 

protest provisions within part 174 and 

certain related provisions in parts 145, 

159 and 173. The technical corrections 

are necessary to conform 19 CFR to 

reflect amendments to part 174’s 

underlying statutory authority effected 

by the Customs Modernization (Mod 

Act) provisions of the North American 

Free Trade Agreement (NAFTA) 

Implementation Act (Pub. L. 103–182, 

107 Stat. 2057), the Miscellaneous Trade 

and Technical Corrections Act of 1999 

(Pub. L. 106–36, 113 Stat. 127), and the 

Miscellaneous Trade and Technical 

Corrections Act of 2004 (Pub. L. 108– 

429, 118 Stat. 2434). Any amendments 

to the CBP regulations, including 

regulations amended by this notice, that 

require statutory interpretation will not 

be included in this technical corrections 

document and will be published in a 

separate proposed rulemaking. 

The statutory amendments affect, in 

pertinent part, the types of matters 

subject to protest, the time required for 

allowing or denying an application for 

further review of a protest, and various 

other protest time limits. This document 

also makes non-substantive editorial 

and nomenclature changes to reflect the 

transfer of the legacy U.S. Customs 

Service of the Department of the 

Treasury to the Department of 

Homeland Security (DHS) and the 

subsequent renaming of the agency as 

U.S. Customs and Border Protection. 

Statutory Changes 

Section 514 of the Tariff Act of 1930, 

as amended (19 U.S.C. 1514), provides 

that certain specified decisions made by 

CBP can be protested before becoming 

final. Section 515 of the Tariff Act of 

1930, as amended (19 U.S.C. 1515), sets 

forth standards governing the 

administrative review of protests filed 

under section 514. Section 504 of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1504), prescribes the limitations 

on liquidation. Regulations 

implementing these statutes are 

contained in parts 159 and 174 of title 

19 of the CFR. 

The Mod Act 

Section 645 of the Mod Act amended 

section 514(c)(1) (19 U.S.C. 1514(c)(1)) 

by recasting the first sentence in order 

to, among other things, permit the 

transmission of a protest to CBP 

‘‘electronically pursuant to an electronic 

data interchange system.’’ Section 618 of 

the Mod Act also repealed section 521 

(19 U.S.C. 1521), which provided for the 

reliquidation of an entry on account of 

fraud. 

The Miscellaneous Trade and 

Technical Corrections Act of 1999 

Section 2408(b) of the Miscellaneous 

Trade and Technical Corrections Act of 

1999 (‘‘Trade Act of 1999’’) amended 

section 514(a)(7) by the addition of a 

reference to subsection (d) of section 

520 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1520(d)), thereby 

including as a protestable decision a 

refusal to reliquidate an entry in 

response to a post-importation NAFTA 

claim. 

The Miscellaneous Trade and 

Technical Corrections Act of 2004 

The Miscellaneous Trade and 

Technical Corrections Act of 2004 

(‘‘Trade Act of 2004’’) amended several 

statutes that impact the manner by 

which CBP administers protests. In this 

regard, the following is noted: 

1. Section 2105 of the Trade Act of 

2004 repealed section 520(c) of the 

Tariff Act of 1930 (19 U.S.C. 1520(c)), 

thereby removing CBP’s authority, in 

situations where a valid protest has not 

been filed, to reliquidate an entry to 

correct clerical errors, mistakes of fact, 

and other inadvertences for entries 

made on or after December 18, 2004; 

2. Section 2103 of the Trade Act of 

2004 amended 19 U.S.C. 1514 and 1515: 

i. To clarify that filing a protest is 

necessary to challenge clerical errors, 


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