Amendment of Class E Airspace; Kwajalein Island, Marshall Islands, RMI, 2572-2573 [2011-867]
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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.
srobinson on DSKHWCL6B1PROD with RULES
*
*
*
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*
(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
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17:19 Jan 13, 2011
Jkt 223001
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 https://
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 https://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.
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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
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
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:
SUMMARY:
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
E:\FR\FM\14JAR1.SGM
14JAR1
Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations
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
srobinson on DSKHWCL6B1PROD with RULES
[CBP Dec. 11–02]
Technical Corrections: Matters Subject
to Protest and Various Protest Time
Limits
Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule.
AGENCIES:
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17:19 Jan 13, 2011
Jkt 223001
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:
SUMMARY:
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
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2573
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,
E:\FR\FM\14JAR1.SGM
14JAR1
Agencies
[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Rules and Regulations]
[Pages 2572-2573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-867]
=======================================================================
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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
[[Page 2573]]
Register on October 7, 2010, FR Doc. 2010-25220, (75 FR 61933) on page
61994, column 1, is corrected as follows:
Sec. 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[deg]43'12'' N., long. 167[deg]43'54'' E.)
Kwajalein RBN
(Lat. 08[deg]43'15'' N., long. 167[deg]43'40'' E.)
That airspace extending upward from the surface within 2.2 miles
each side of the Bucholz AAF 249[deg] 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[deg] 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[deg]43'12'' N., long. 167[deg]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