Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 19533 

administrative agencies to consider the 

effect of their actions on small entities, 

including small businesses. According 

to the RFA, when an agency issues a 

rule, the agency must prepare an 

analysis to determine whether the 

impact of the rule will have a significant 

economic impact on a substantial 

number of small entities. However, the 

RFA allows an agency to certify a rule 

in lieu of preparing an analysis, if the 

rulemaking is not expected to have a 

significant impact on a substantial 

number of small entities. This rule 

amends existing Agency regulations to 

clarify the eligible uses of loan proceeds 

for an Operating Company when it is a 

co-borrower with an Eligible Passive 

Company and does not create new 

requirements. These amendments will 

affect small entities; however, SBA has 

determined that these amendments will 

not have a significant economic impact 

on a substantial number of such entities. 

List of Subjects in 13 CFR Part 120 

Community development, Exports, 

Loan programs—business, Small 

businesses. 

For the reasons stated in the 

preamble, SBA amends 13 CFR part 120 

as follows: 

PART 120—BUSINESS LOANS 

■ 1. The authority citation for 13 CFR 

part 120 continues to read as follows: 

Authority: 15 U.S.C. 634(b)(6), (b)(7), 

(b)(14), (h), and note, 636(a), (h) and (m), 650, 

687(f), 696(3), and 697(a) and (e); Pub. L. 

111–5, 123 Stat. 115, Pub. L. 111–240, 124 

Stat. 2504. 

■ 2. Amend § 120.111 by revising 

paragraph (a)(5) to read as follows: 

§ 120.111 What conditions must an 

Eligible Passive Company satisfy? 

* * * * * 

(a) * * * 

(5) The Operating Company must be 

a guarantor or co-borrower with the 

Eligible Passive Company. In a 7(a) loan 

that includes working capital and/or the 

purchase of other assets, including 

intangible assets, for the Operating 

Company’s use, the Operating Company 

must be a co-borrower. 

* * * * * 

■ 3. Amend § 120.120 by revising 

paragraph (b)(4) to read as follows: 

§ 120.120 What are eligible uses of 

proceeds? 

* * * * * 

(b) * * * 

(4) Working capital (if the Operating 

Company is a co-borrower with the 

Eligible Passive Company, part of the 

loan proceeds may be applied for 

working capital and/or the purchase of 

other assets, including intangible assets, 

for use by the Operating Company). 

* * * * * 

Dated: March 26, 2012. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–7808 Filed 3–30–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Parts 171 and 172 

[CBP Dec. 12–07] 

Changes in the Statutory Authority for 

Petitions for Relief 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Final rule; technical corrections. 

SUMMARY: This document amends U.S. 

Customs and Border Protection (CBP) 

regulations by making technical 

corrections to reflect the repeal of one 

of the underlying statutory authorities 

regarding petitions for relief from a fine, 

penalty, forfeiture, or liquidated 

damages under a law administered by 

CBP. Administrative petitioning rights 

are not affected by removal of this 

authority because CBP has other 

existing statutory authority for these 

provisions. This document also amends 

regulations to reflect changes in 

delegation authority as effected by the 

transfer of CBP to the Department of 

Homeland Security (DHS), and makes 

non-substantive editorial and 

nomenclature changes. 

DATES: The final rule is effective on 

April 2, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Todd Schneider, Penalties Branch, 

Regulations and Rulings, Office of 

International Trade, Customs and 

Border Protection, Tel. (202) 325–0261. 

SUPPLEMENTARY INFORMATION: 

Background 

This document amends title 19 of the 

Code of Federal Regulations (19 CFR) by 

making technical corrections to 19 CFR 

parts 171 and 172, specifically, sections 

171.11, 171.12, 172.11, and 172.12. 

These regulations delegate to the 

Fines, Penalties, and Forfeitures Officer 

or the Chief, Penalties Branch, 

Regulations and Rulings, Office of 

International Trade, U.S. Customs and 

Border Protection (CBP) Headquarters 

the authority to remit or mitigate fines, 

penalties, or forfeitures, or cancel claims 

for liquidated damages. 

The purpose of the technical 

corrections is to conform the statutory 

authority sections listed for 19 CFR 

parts 171 and 172 and the text of the 

relevant regulatory provisions to reflect 

the repeal of title 46, United States Code 

(U.S.C.) Appendix section 320 (24 Stat. 

81), enacted June 19, 1886, which is 

currently cited as one of the underlying 

statutory authorities. Title 46 U.S.C. 

Appendix section 320 was repealed as 

part of the recodification of the 

appendix to title 46 of the United States 

Code, by Public Law 109–304, section 

19 (120 Stat. 1711), which was enacted 

October 6, 2006, and this document 

removes the repealed statutory citation 

from the CBP regulations. 

Please note that CBP has existing 

statutory authority to continue 

accepting administrative petitions under 

19 U.S.C. 1618, 1623, and 31 U.S.C. 

5321, as appropriate. Therefore, this 

rule does not alter the rights of a person 

alleged to have committed a violation, 

or a breach of a bond condition, to 

petition for relief. 

This document also amends 19 CFR 

171.12 to reflect the transfer of authority 

from the Treasury Department to the 

U.S. Department of Homeland Security 

(DHS) and the delegation of authority 

from DHS to the Commissioner of CBP. 

On November 25, 2002, the President 

signed into law the Homeland Security 

Act of 2002, Public Law 107–296, 116 

Stat. 2135. Accordingly, as of March 1, 

2003, the former U.S. Customs Service 

of the Department of the Treasury was 

transferred to DHS and reorganized to 

become CBP. 

On May 15, 2003, the Treasury 

Department issued Treasury Department 

Order Number No. 100–16 delegating to 

DHS its authority related to the customs 

revenue functions, with certain 

delineated exceptions in which the 

Treasury Department retained its 

authority. See Appendix to 19 CFR part 

0. The Treasury Department transferred 

to DHS its authority over fines, 

penalties, and forfeitures and the 

Secretary of DHS further delegated this 

authority to the Commissioner of CBP. 

Accordingly, this document amends 19 

CFR 171.12 to reflect these changes. 

Inapplicability of Notice and Delayed 

Effective Date 

Because the technical corrections set 

forth in this document are necessary to 

conform 19 CFR parts 171 and 172 to 

reflect the repeal of 46 U.S.C. Appendix 

section 320, pursuant to 5 U.S.C. 

553(b)(B), CBP finds that good cause 

exists for dispensing with notice and 


sroberts on DSK5SPTVN1PROD with RULES
19534 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

public procedure as unnecessary. For 

this same reason, pursuant to 5 U.S.C. 

553(d)(3), CBP finds that good cause 

exists for dispensing with the 

requirement for a delayed effective date. 

The Regulatory Flexibility Act 

Because this document is not subject 

to the notice and public procedure 

requirements of 5 U.S.C. 553, it is not 

subject to the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Executive Order 12866 

As these amendments are technical 

corrections to the regulations to reflect 

statutory changes, these amendments do 

not meet the criteria for a ‘‘significant 

regulatory action’’ as specified in 

Executive Order 12866. 

Signing Authority 

This document is limited to technical 

corrections of the CBP regulations. 

Accordingly, it is being signed under 

the authority of 19 CFR 0.1(b)(1). 

List of Subjects 

19 CFR Part 171 

Administrative practice and 

procedure, Customs duties and 

inspection, Law enforcement, Penalties, 

Seizures and forfeitures. 

19 CFR Part 172 

Administrative practice and 

procedure, Customs duties and 

inspection, Penalties. 

Amendments to the CBP Regulations 

For the reasons stated in the 

preamble, parts 171 and 172 of title 19 

of the Code of Federal Regulations (19 

CFR parts 171 and 172) are amended as 

set forth below. 

PART 171—FINES, PENALTIES, AND 

FORFEITURES 

■ 1. The authority citation for part 171 

is revised to read as follows: 

Authority: 18 U.S.C. 983; 19 U.S.C. 66, 

1592, 1593a, 1618, 1624; 22 U.S.C. 401; 31 

U.S.C. 5321. 

§ 171.11 [Amended] 

■ 2. Section 171.11(a) is amended by 

removing the phrase ‘‘, or section 320 of 

title 46, United States Code App. (46 

U.S.C. App. 320),’’. 

§ 171.12 [Amended] 

■ 3. Section 171.12 is amended by: 

■ a. Adding the word, ‘‘or’’, before the 

phrase ‘‘section 5321(c) of title 31, 

United States Code (31 U.S.C. 5321(c))’’; 

■ b. Removing the phrase ‘‘, or section 

320 of title 46, United States Code App. 

(46 U.S.C. App. 320),’’; 

■ c. Removing the words ‘‘, unless there 

has been no delegation to act by the 

Secretary of the Treasury or his 

designee’’; 

■ d. Removing the last sentence of the 

paragraph; and 

■ e. Adding the punctuation ‘‘.’’ after 

the word ‘‘appropriate’’. 

PART 172—CLAIMS FOR LIQUIDATED 

DAMAGES; PENALTIES SECURED BY 

BONDS 

■ 4. The authority citation for part 172 

is revised to read as follows: 

Authority: 19 U.S.C. 66, 1618, 1623, 1624. 

§ 172.11 [Amended] 

■ 5. Section 172.11(a) is amended by 

removing the phrase ‘‘, or section 320 of 

title 46, United States Code App. (46 

U.S.C. App. 320),’’, and by removing the 

word ‘‘shall’’ and adding in its place the 

word ‘‘will’’. 

§ 172.12 [Amended] 

■ 6. Section 172.12 is amended by: 

■ a. Removing the phrase ‘‘, or section 

320 of title 46, United States Code App. 

(46 U.S.C. App. 320),’’; 

■ b. Adding the words ‘‘International 

Trade, ’’ after the words, ‘‘Office of’’; 

and 

■ c. Removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’. 

Dated: March 28, 2012. 

David V. Aguilar, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

[FR Doc. 2012–7814 Filed 3–30–12; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 866 

[Docket No. FDA–2012–N–0165] 

Medical Devices; Immunology and 

Microbiology Devices; Classification of 

Norovirus Serological Reagents; 

Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; correction. 

SUMMARY: In the Federal Register of 

March 9, 2012 (76 FR 14272), the Food 

and Drug Administration (FDA) 

classified norovirus serological reagents 

into class II (special controls) because 

special controls, in addition to general 

controls, will provide a reasonable 

assurance of safety and effectiveness of 

these devices. The document published 

with inadvertent errors in the Analysis 

of Impacts section. This document 

corrects those errors. 

DATES: Effective April 9, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Steven Gitterman, Center for Devices 

and Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, rm. 5518, Silver Spring, 

MD 20993–0002, 301–796–6694. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2012–5675 appearing on page 14272 in 

the Federal Register of Friday, March 9, 

2012, the following corrections are 

made: 

1. On page 14274, in the first column, 

in section VI. Analysis of Impacts, in the 

first paragraph, in the last sentence, 

correct the phrase ‘‘proposed rule’’ to 

read ‘‘final rule’’, and in the second 

paragraph, in the last sentence, correct 

the phrase ‘‘proposes to certify’’ to read 

‘‘certifies’’. 

2. On page 14274, in the second 

column, in the first full sentence, 

correct the phrase ‘‘proposed rule’’ to 

read ‘‘final rule’’. 

Dated: March 27, 2012. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2012–7757 Filed 3–30–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0039] 

RIN 1625–AA08 

Special Local Regulations; Savannah 

Tall Ships Challenge, Savannah River, 

Savannah, GA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the Savannah River in Savannah, 

Georgia during the Savannah Tall Ships 

Challenge. The Savannah Tall Ships 

Challenge will take place from 

Thursday, May 3, 2012 through 

Monday, May 7, 2012. Approximately 

15 vessels are anticipated to participate 

in the event. These special local 

regulations are necessary to provide for 

the safety of life and property on 

navigable waters of the United States 

during the event. The special local 

regulations establish the following three 

areas: Mooring zones; buffer zones; and 


sroberts on DSK5SPTVN1PROD with RULES