31536 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 

Independent Telephone & 

Telecommunications Alliance is granted 

to the extent provided herein and 

denied to the extent provided herein. 

116. It is further ordered that part 51 

of the Commission’s rules, 47 CFR part 

51, is amended, and such rule 

amendments shall be effective 45 days 

after the date of publication of the rule 

amendments in the Federal Register. 

117. It is further ordered that Part 54 

of the Commission’s rules, 47 CFR part 

54, is amended, and such rule 

amendments shall be effective 30 days 

after the date of publication of the rule 

amendments in the Federal Register. 

List of Subjects in 47 CFR Parts 51 and 

54 

Communications common carriers, 

Reporting and recordkeeping 

requirements, Telecommunications, 

Telephone. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rule 

For the reasons discussed in the 

Second Order on Reconsideration, the 

Federal Communications Commission 

amends 47 CFR parts 51 and 54 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. 

■ 2. Revise § 51.913(a) to read as 

follows: 

§ 51.93 Transition for VoIP-PSTN traffic. 

(a)(1) Terminating Access Reciprocal 

Compensation subject to this subpart 

exchanged between a local exchange 

carrier and another telecommunications 

carrier in Time Division Multiplexing 

(TDM) format that originates and/or 

terminates in IP format shall be subject 

to a rate equal to the relevant interstate 

terminating access charges specified by 

this subpart. Interstate originating 

Access Reciprocal Compensation 

subject to this subpart exchanged 

between a local exchange carrier and 

another telecommunications carrier in 

Time Division Multiplexing (TDM) 

format that originates and/or terminates 

in IP format shall be subject to a rate 

equal to the relevant interstate 

originating access charges specified by 

this subpart. 

(2) Until June 30, 2014, intrastate 

originating Access Reciprocal 

Compensation subject to this subpart 

exchanged between a local exchange 

carrier and another telecommunications 

carrier in Time Division Multiplexing 

(TDM) format that originates and/or 

terminates in IP format shall be subject 

to a rate equal to the relevant intrastate 

originating access charges specified by 

this subpart. Effective July 1, 2014, 

originating Access Reciprocal 

Compensation subject to this subpart 

exchanged between a local exchange 

carrier and another telecommunications 

carrier in Time Division Multiplexing 

(TDM) format that originates and/or 

terminates in IP format shall be subject 

to a rate equal to the relevant interstate 

originating access charges specified by 

this subpart. 

(3) Telecommunications traffic 

originates and/or terminates in IP format 

if it originates from and/or terminates to 

an end-user customer of a service that 

requires Internet protocol-compatible 

customer premises equipment. 

* * * * * 

PART 54—UNIVERSAL SERVICE 

■ 3. The authority citation for part 54 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i), 201, 205, 

214, 219, 220, 254, 303(r), 403, and 1302 

unless otherwise noted. 

■ 4. Section 54.312(b)(3) is revised to 

read as follows: 

§ 54.312 Connect America Fund for Price 

Cap Territories—Phase I. 

* * * * * 

(b) * * * 

(3) A carrier may elect to accept or 

decline incremental support. A holding 

company may do so on a holdingcompany basis on behalf of its operating 

companies that are eligible 

telecommunications carriers, whose 

eligibility for incremental support, for 

these purposes, shall be considered on 

an aggregated basis. A carrier must 

provide notice to the Commission, 

relevant state commissions, and any 

affected Tribal government, stating the 

amount of incremental support it wishes 

to accept and identifying the areas by 

wire center and census block in which 

the designated eligible 

telecommunications carrier will deploy 

broadband to meet its deployment 

obligation, or stating that it declines 

incremental support. Such notification 

must be made within 90 days of being 

notified of any incremental support for 

which it would be eligible. Along with 

its notification, a carrier accepting 

incremental support must also submit a 

certification that the locations to be 

served to satisfy the deployment 

obligation are not shown as served by 

fixed broadband provided by any entity 

other than the certifying entity or its 

affiliate on the then-current version of 

the National Broadband Map; that, to 

the best of the carrier’s knowledge, the 

locations are, in fact, unserved by fixed 

broadband; that the carrier’s current 

capital improvement plan did not 

already include plans to complete 

broadband deployment within the next 

three years to the locations to be 

counted to satisfy the deployment 

obligation; and that incremental support 

will not be used to satisfy any merger 

commitment or similar regulatory 

obligation. 

* * * * * 

[FR Doc. 2012–12950 Filed 5–25–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making amendments 

to the Defense Federal Acquisition 

Regulation Supplement (DFARS) in 

order to make editorial changes. 

DATES: Effective Date: May 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ynette Shelkin, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060; telephone 

571–372–6089. 

SUPPLEMENTARY INFORMATION: DFARS 

Case 2012–D032 was published in the 

Federal Register as an interim rule on 

May 22, 2012 (77 FR 30359), requesting 

public comments be submitted on or 

before July 23, 2012. The interim rule 

amends DFARS part 252 to implement 

the United States-Colombia Trade 

Promotion Agreement Implementation 

Act (Pub. L. 112–42) (19 U.S.C. 3805 

note) by adding Colombia to the 

definition of ‘‘Free Trade Agreement 

country’’ in multiple locations in the 

DFARS. This document makes editorial 


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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 31537 

changes to the interim rule. The date for 

receipt of comments in response to the 

interim rule is unchanged by this 

amendment. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

252.225–7017 [Amended] 

■ 2. Section 252.225–7017 is 

amended— 

■ a. In paragraph (a), in the definition of 

‘‘Designated country,’’ paragraph (ii), by 

removing ‘‘Australia, Bahrain, Canada, 

Chile, Columbia, Costa Rica, Dominican 

Republic, El Salvador, Guatemala, 

Honduras, Korea (Republic of), Mexico, 

Morocco, Nicaragua, Peru, or 

Singapore’’ and adding ‘‘Australia, 

Bahrain, Canada, Chile, Colombia, Costa 

Rica, Dominican Republic, El Salvador, 

Guatemala, Honduras, Korea (Republic 

of), Mexico, Morocco, Nicaragua, Peru, 

or Singapore’’ in its place; and 

■ b. In paragraph (a) in the definition of 

‘‘Free Trade Agreement country’’ by 

removing ‘‘Australia, Bahrain, Canada, 

Chile, Columbia, Costa Rica, Dominican 

Republic, El Salvador, Guatemala, 

Honduras, Korea (Republic of), Mexico, 

Morocco, Nicaragua, Peru, or 

Singapore’’ and adding ‘‘Australia, 

Bahrain, Canada, Chile, Colombia, Costa 

Rica, Dominican Republic, El Salvador, 

Guatemala, Honduras, Korea (Republic 

of), Mexico, Morocco, Nicaragua, Peru, 

or Singapore’’ in its place. 

252.225–7021 [Amended] 

■ 3. Section 252.225–7021 is amended 

in paragraph (a), in the definition of 

‘‘Designated country,’’ paragraph (ii), by 

removing ‘‘Australia, Bahrain, Canada, 

Chile, Columbia, Costa Rica, Dominican 

Republic, El Salvador, Guatemala, 

Honduras, Korea (Republic of), Mexico, 

Morocco, Nicaragua, Peru, or 

Singapore’’ and adding ‘‘Australia, 

Bahrain, Canada, Chile, Colombia, Costa 

Rica, Dominican Republic, El Salvador, 

Guatemala, Honduras, Korea (Republic 

of), Mexico, Morocco, Nicaragua, Peru, 

or Singapore’’ in its place. 

252.225–7036 [Amended] 

■ 4. Section 252.225–7036 is amended 

in paragraph (a), in the definition of 

‘‘Free Trade Agreement country’’ by 

removing ‘‘Australia, Bahrain, Canada, 

Chile, Costa Rica, Dominican Republic, 

El Salvador, Guatemala, Honduras, 

Korea (Republic of), Mexico, Morocco, 

Nicaragua, Peru, or Singapore’’ and 

adding ‘‘Australia, Bahrain, Canada, 

Chile, Colombia, Costa Rica, Dominican 

Republic, El Salvador, Guatemala, 

Honduras, Korea (Republic of), Mexico, 

Morocco, Nicaragua, Peru, or 

Singapore’’ in its place. 

252.225–7045 [Amended] 

■ 5. Section 252.225–7045 is amended 

in paragraph (a), in the definition of 

‘‘Designated country,’’ paragraph (2), by 

removing ‘‘Australia, Bahrain, Canada, 

Chile, Columbia, Costa Rica, Dominican 

Republic, El Salvador, Guatemala, 

Honduras, Korea (Republic of), Mexico, 

Morocco, Nicaragua, Peru, or 

Singapore’’ and adding ‘‘Australia, 

Bahrain, Canada, Chile, Colombia, Costa 

Rica, Dominican Republic, El Salvador, 

Guatemala, Honduras, Korea (Republic 

of), Mexico, Morocco, Nicaragua, Peru, 

or Singapore’’ in its place. 

[FR Doc. 2012–12934 Filed 5–25–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 217 

[Docket No. 120307157–2434–02] 

RIN 0648–BB74 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Coastal Commercial 

Fireworks Displays at Monterey Bay 

National Marine Sanctuary, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS, upon request of the 

Monterey Bay National Marine 

Sanctuary (MBNMS), hereby issues 

regulations pursuant to the Marine 

Mammal Protection Act (MMPA) to 

govern the unintentional taking of 

marine mammals, by harassment, 

incidental to authorizing professional 

fireworks displays within the MBNMS 

in California waters, for the period of 

July 4, 2012, through July 3, 2017. These 

regulations, which allow for the 

issuance of Letters of Authorization for 

the incidental take of marine mammals 

during the described activities and 

specified timeframes, prescribe the 

permissible methods of taking and other 

means of effecting the least practicable 

adverse impact on marine mammal 

species or stocks and their habitat, as 

well as requirements pertaining to the 

monitoring and reporting of such taking. 

DATES: Effective from June 28, 2012, 

through June 28, 2017. 

ADDRESSES: A copy of MBNMS’s 

application may be obtained by writing 

to Tammy C. Adams, Acting Chief, 

Permits and Conservation Division, 

Office of Protected Resources, NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910, or visiting the internet at: 

http://www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

final rule may also be viewed, by 

appointment, during regular business 

hours at the above address. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘negligible impact’ in 50 CFR 

216.103 as ‘‘* * * an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘harassment’ as: ‘‘any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 


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