Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15909 

impact on a substantial number of small 

entities.’’ The RFA generally defines 

‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

governmental jurisdiction.’’ In addition, 

the term ‘‘small business’’ has the same 

meaning as the term ‘‘small business 

concern’’ under the Small Business Act. 

A small business concern is one which: 

(1) Is independently owned and 

operated; (2) is not dominant in its field 

of operation; and (3) satisfies any 

additional criteria established by the 

Small Business Administration (SBA). 

14. We hereby certify that the rule 

revisions adopted in the Order will not 

have a significant economic impact on 

a substantial number of small entities. 

The Order amends rules adopted in the 

USF/ICC Transformation Order by 

correcting conflicts between the new or 

revised rules and existing rules, as well 

as addressing omissions or oversights. 

These revisions do not create any 

burdens, benefits, or requirements that 

were not addressed by the Final 

Regulatory Flexibility Analysis attached 

to the USF/ICC Transformation Order. 

The Commission will send a copy of the 

Order, including a copy of this final 

certification, to the Chief Counsel for 

Advocacy of the SBA. In addition, the 

Order (or a summary thereof) and 

certification will be published in the 

Federal Register. 

C. Congressional Review Act 

15. The Commission will send a copy 

of the Order to Congress and the 

Government Accountability Office 

pursuant to the Congressional Review 

Act. 

V. Ordering Clauses 

16. Accordingly, it is ordered, that 

pursuant to the authority contained in 

sections 1, 2, 4(i), 201–203, 220, 251, 

252, 254, 303(r) and 403 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

201–203, 220, 251, 252, 254, 303(r) and 

403, and pursuant to §§ 0.91, 0.201(d), 

0.291, 1.3, and 1.427 of the 

Commission’s rules, 47 CFR 0.91, 

0.201(d), 0.291, 1.3 and 1.427, and 

pursuant to the delegation of authority 

in paragraph 1404 of 26 FCC Rcd 17663 

(2011), the Order and the rules revising 

part 51 of the Commission’s rules are 

adopted, effective April 27, 2015. 

17. It is further ordered that the 

Commission shall send a copy of this 

Order to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act. 

18. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the Order, including the Final 

Regulatory Flexibility Certification, to 

the Chief Counsel for Advocacy of the 

Small Business Administration. 

List of Subjects in 47 CFR Part 51 

Communications common carriers, 

Telecommunications. 

Federal Communications Commission. 

Deena M. Shetler, 

Associate Chief, Wireline Competition 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 51 as 

follows: 

PART 51—INTERCONNECTION 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: Sections 1–5, 7, 201–05, 207– 

09, 218, 220, 225–27, 251–54, 256, 271, 

303(r), 332, 706 of the Telecommunication 

Act of 1996, 48 Stat. 1070, as amended, 1077; 

47 U.S.C. 151–55, 157, 201–05, 207–09, 218, 

220, 225–27, 251–54, 256, 271, 303(r), 332, 

1302, 47 U.S.C. 157 note, unless otherwise 

noted. 

Subpart J—Transitional Access 

Service Pricing 

■ 2. Section 51.917 is amended by 

adding paragraphs (d)(1)(viii)(A) and (B) 

to read as follows: 

§ 51.917 Revenue recovery for rate-ofreturn carriers. 

* * * * * 

(d) * * * 

(1) * * * 

(viii) * * * 

(A) If a Rate-of-Return Carrier in any 

tariff period underestimates its 

projected demand for services covered 

by § 51.917(b)(6) or 51.915(b)(13), and 

thus has too much Eligible Recovery in 

that tariff period, it shall refund the 

amount of any such True-up Revenues 

or True-up Revenues for Access 

Recovery Charge that are not offset by 

the Rate-of-Return Carrier’s Eligible 

Recovery (calculated before including 

the true-up amounts in the Eligible 

Recovery calculation) in the true-up 

tariff period to the Administrator by 

August 1 following the date of the Rateof-Return Carrier’s annual access tariff 

filing. 

(B) If a Rate-of-Return Carrier in any 

tariff period receives too little Eligible 

Recovery because it overestimates its 

projected demand for services covered 

by § 51.917(b)(6) or 51.915(b)(13), which 

True-up Revenues and True-up 

Revenues for Access Recovery Charge it 

cannot recover in the true-up tariff 

period because the Rate-of-Return 

Carrier has a negative Eligible Recovery 

in the true-up tariff period (before 

calculating the true-up amount in the 

Eligible Recovery calculation), the Rateof-Return Carrier shall treat the 

unrecoverable true-up amount as its 

Eligible Recovery for the true-up tariff 

period. 

* * * * * 

[FR Doc. 2015–06642 Filed 3–25–15; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 236 

RIN 0750–AI52 

Defense Federal Acquisition 

Regulation Supplement: Use of Military 

Construction Funds (DFARS Case 

2015–D006) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement sections of the 

Military Construction and Veterans 

Affairs and Related Agencies 

Appropriations Act, 2015, that require 

offerors bidding on DoD military 

construction contracts to provide 

opportunity for competition to 

American steel producers, fabricators, 

and manufacturers; and restrict use of 

military construction funds in certain 

foreign countries, including countries 

that border the Arabian Gulf. 

DATES: Effective March 26, 2015. 

Comment Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before May 26, 2015, to be considered 

in the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2015–D006, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2015–D006’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2015– 

D006.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2015– 

D006’’ on your attached document. 

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15910 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2015–D006 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

Williams, OUSD(AT&L)DPAP/DARS, 

Room 3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule implements sections 

108, 111, and 112 of the Military 

Construction and Veterans Affairs and 

Related Agencies Appropriations Act, 

2015 (Division I of the Consolidated and 

Further Continuing Resolution 

Appropriations Act, 2015, Pub. L. 113– 

235), enacted December 16, 2014. 

• Section 108 provides that none of 

the funds made available in Title I may 

be used for the procurement of steel for 

any construction activity for which the 

requirement for competition 

opportunity has been denied to 

American steel producers, fabricators, 

and manufacturers who bid on DoD 

construction contracts. 

• Section 111 provides that none of 

the funds made available in Title I may 

be obligated for architect and engineer 

contracts estimated by the Government 

to exceed $500,000 for projects to be 

accomplished in certain foreign 

countries, including countries bordering 

the Arabian Gulf, unless such contracts 

are awarded to U.S. firms or U.S. firms 

in a joint venture with a host nation 

firm. 

• Section 112 provides, with some 

exceptions, that none of the funds made 

available in Title I for military 

construction in certain foreign 

countries, including countries bordering 

the Arabian Gulf, may be used to award 

any military construction contract 

estimated by the Government to exceed 

$1,000,000 to a foreign contractor. 

The restrictions in section 108 were 

first enacted in the annual military 

construction appropriations act in FY 

2009 (Title I of the Military 

Construction and Veterans Affairs 

Appropriations Act, 2009, Pub. L. 110– 

329, Division E). This interim rule 

revises DFARS 236.274 and 

236.570(d)(1) to implement the same 

provision in subsequent military 

appropriations acts, including section 

108 of Title I of the Military 

Construction and Veterans Affairs 

Appropriations Act, 2015, Pub. L. 113– 

235, Division I. 

This interim rule also implements 

section 111 by amending DFARS 

225.7015, 236.602–70, and 236.609– 

70(b)(3) to reflect that the current law 

now applies to the award of architect 

and engineering contracts that are 

estimated to exceed the $500,000 

threshold for projects to be performed in 

certain foreign countries, including 

countries bordering the Arabian Gulf. 

The term ‘‘Arabian Sea’’ has been 

replaced with ‘‘Arabian Gulf’’ in the 

clause prescription for DFARS 252.236– 

7011, Overseas Architect-Engineering 

Services—Restrictions to the United 

States. 

This interim rule likewise implements 

section 112 by amending DFARS 

225.7014, 236.273, and 236.570(c)(1) to 

reflect that the current law applies to 

military construction contracts 

estimated to exceed $1,000,000 that are 

performed in certain foreign countries, 

including countries bordering the 

Arabian Gulf. The term ‘‘Arabian Sea’’ 

has been replaced with ‘‘Arabian Gulf’’ 

in the clause prescription for DFARS 

252.236–7010, Overseas Military 

Construction—Preference for United 

States Firms. 

As further background on sections 

111 and 112, these restrictions have also 

been in place since 1997, except that 

recently the military construction 

appropriations act restrictions have 

applied to countries bordering the 

Arabian Sea, rather than countries 

bordering the Arabian Gulf. The final 

rule under DFARS Case 2014–D016 was 

published in the Federal Register on 

December 11, 2014, finalizing the 

change from ‘‘Arabian Gulf’’ to ‘‘Arabian 

Sea.’’ In the current statute, enacted on 

December 16, 2014, sections 111 and 

112 have been corrected to refer to the 

Arabian Gulf again. 

II. Discussion and Analysis 

In order to avoid any possible 

ambiguity as to the applicability of the 

rule, because there is not uniform 

agreement as to the correct name for the 

body of water located between Iran and 

the Arabian Peninsula (often referred to 

as the ‘‘Persian Gulf’’), the interim rule 

lists the countries bordering the Gulf in 

clockwise order (Iran, Oman, United 

Arab Emirates, Saudi Arabia, Qatar, 

Bahrain, Kuwait, and Iraq). 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

DoD does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

However, an initial regulatory flexibility 

analysis has been performed, and is 

summarized as follows: 

This rule is necessary to require 

offerors bidding on DoD military 

construction contracts to provide 

opportunity for competition to 

American steel producers, fabricators, 

and manufacturers; and implement the 

preference for award only to U.S. firms 

when awarding certain military 

construction and architect-engineer 

contracts to be performed in countries 

bordering the Arabian Gulf. 

The objective of this rule is to 

implement sections 108, 111, and 112 of 

the Military Construction and Veterans 

Affairs, and Related Agencies 

Appropriations Act, 2015 (Division I of 

Pub. L. 113–235). This rule extends the 

applicability of the requirement to 

provide opportunity for competition to 

American steel producers, fabricators, 

and manufacturers, and revises the 

preference for award to U.S. firms of 

military construction contracts that have 

an estimated value greater than 

$1,000,000 and the restriction requiring 

award only to U.S. firms for architectengineer contracts that have an 

estimated value greater than $500,000, 

to make it applicable to contracts to be 

performed in a country bordering the 

Arabian Gulf, rather than a country 

bordering the Arabian Sea (as required 

in earlier statutes). 

Section 108 will benefit any small 

business entities involved in producing, 

fabricating, or manufacturing steel 

products to be used in military 

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Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Rules and Regulations 15911 

construction. Sections 111 and 112 will 

only apply to a very limited number of 

small entities—those entities that 

submit offers in response to solicitations 

for military construction contracts that 

have an estimated value greater than 

$1,000,000 and architect-engineer 

contracts that have an estimated value 

greater than $500,000, when the 

contracts are to be performed in 

countries bordering the Arabian Gulf. 

This rule does not add any reporting 

or recordkeeping requirements. The rule 

does not duplicate, overlap, or conflict 

with any other Federal rules. This rule 

does not impose any significant 

economic burden on small firms. The 

rule primarily benefits U.S. firms (both 

small and large), by requiring offerors 

bidding on DoD military construction 

contracts to provide opportunity for 

competition to American steel 

producers, fabricators, and 

manufacturers; and providing a 

preference for U.S. firms competing for 

construction and architect-engineer 

contracts in certain foreign countries, 

including countries bordering the 

Arabian Gulf. DoD did not identify any 

alternatives that could reduce the 

burden and still meet the objectives of 

the rule. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2015–D006), in 

correspondence. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

VI. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to promulgate this interim rule without 

prior opportunity for public comment. 

This action is necessary because 

sections 108, 111, and 112 of Title I, 

Department of Defense, the Military 

Construction and Veterans Affairs, and 

Related Agencies Appropriations Act, 

2015, Division I of Pub. L. 113–235, 

enacted December 16, 2014, became 

effective upon enactment. This interim 

rule is necessary so that contracting 

officers will not risk possible misuse of 

funds. The interim rule provides 

contracting officers with the appropriate 

clause and provision prescriptions for 

correct use of provisions and clauses 

that implement the statutory restrictions 

on use of military construction funds. 

However, pursuant to 41 U.S.C. 1707 

and FAR 1.501–3(b), DoD will consider 

public comments received in response 

to this interim rule in the formation of 

the final rule. 

List of Subjects in 48 CFR Parts 225 and 

236 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 236 

are amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

225.7014 [Amended] 

■ 2. In section 225.7014, amend 

paragraph (a) by removing ‘‘Arabian 

Sea’’ and adding ‘‘Arabian Gulf’’ in its 

place. 

225.7015 [Amended] 

■ 3. Amend section 225.7015 by 

removing ‘‘Arabian Sea’’ and adding 

‘‘Arabian Gulf’’ in its place. 

PART 236—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

■ 4. The authority citation for 48 CFR 

part 236 is revised to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 5. In section 236.273, revise paragraph 

(a) introductory text to read as follows: 

236.273 Construction in foreign countries. 

(a) In accordance with section 112 of 

the Military Construction and Veterans 

Affairs and Related Agencies 

Appropriations Act, 2015 (Division I of 

Pub. L. 113–235) and the same 

provision in subsequent military 

construction appropriations acts, 

military construction contracts funded 

with military construction 

appropriations, that are estimated to 

exceed $1,000,000 and are to be 

performed in the United States outlying 

areas in the Pacific and on Kwajalein 

Atoll, or in countries bordering the 

Arabian Gulf (i.e., Iran, Oman, United 

Arab Emirates, Saudi Arabia, Qatar, 

Bahrain, Kuwait, and Iraq), shall be 

awarded only to United States firms, 

unless— 

* * * * * 

236.274 [Amended] 

■ 6. Amend section 236.274 by 

removing ‘‘(Pub. L. 110–329, Division 

E)’’ and adding ‘‘(Pub. L. 110–329, 

Division E) and the same provision in 

subsequent military construction 

appropriations acts’’ in its place. 

236.570 [Amended] 

■ 7. Amend section 236.570 by— 

■ a. In paragraph (c)(1), removing 

‘‘Arabian Sea’’ and adding ‘‘Arabian 

Gulf’’ in its place; and 

■ b. In paragraph (d)(1), by removing 

‘‘by Title I of the Military Construction 

and Veterans Affairs Appropriations 

Act, 2009 (Pub. L. 110–329, Division E)’’ 

and adding ‘‘for military construction’’ 

in its place. 

■ 8. Revise section 236.602–70 to read 

as follows: 

236.602–70 Restriction on award of 

overseas architect-engineer contracts to 

foreign firms. 

In accordance with section 111 of the 

Military Construction and Veterans 

Affairs and Related Agencies 

Appropriations Act, 2015 (Division I of 

Pub. L. 113–235) and the same 

provision in subsequent military 

construction appropriations acts, 

architect-engineer contracts funded by 

military construction appropriations 

that are estimated to exceed $500,000 

and are to be performed in Japan, in any 

North Atlantic Treaty Organization 

member country, or in countries 

bordering the Arabian Gulf (i.e., Iran, 

Oman, United Arab Emirates, Saudi 

Arabia, Qatar, Bahrain, Kuwait, and 

Iraq), shall be awarded only to United 

States firms or to joint ventures of 

United States and host nation firms. 

236.609–70 [Amended] 

■ 9. In section 236.609–70, amend 

paragraph (b)(3) by removing ‘‘Arabian 

Sea’’ and adding ‘‘Arabian Gulf’’ in its 

place. 

[FR Doc. 2015–06759 Filed 3–25–15; 8:45 am] 

BILLING CODE 5001–06–P 

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