Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 30301 

[Renumber current 11.5 through 11.21 as 

11.6 through 11.22 and insert new 11.5 to 

read as follows:] 

11.5 Replica or Inert Explosive Devices 

Replica or inert explosive devices that bear 

a realistic appearance to explosive devices 

such as simulated grenades, but that are not 

dangerous, are permitted in the mail when all 

of the following conditions are met: 

a. The package is presented by the mailer 

at a retail counter. 

b. Registered Mail service is used. 

(Registered Mail service is only available for 

items mailed as either First-Class Mail or 

Priority Mail.) 

c. The address side of the package is 

labeled with ‘‘REPLICA EXPLOSIVE’’ using at 

least 20 point type or letters at least 

1⁄4-inch high. 

* * * * * 

We will publish an amendment to 39 

CFR Part 111 to reflect these changes. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2010–12887 Filed 5–28–10; 8:45 am] 

BILLING CODE 7710–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 36 

[CC Docket No. 80–286; FCC 10–89] 

Jurisdictional Separations and Referral 

to the Federal-State Joint Board 

AGENCY: Federal Communications 

Commission. 

ACTION: Interim rule. 

SUMMARY: Jurisdictional separations is 

the process by which incumbent local 

exchange carriers (incumbent LECs) 

apportion regulated costs between the 

intrastate and interstate jurisdictions. In 

this document, the Commission extends 

until June 30, 2011, the current freeze of 

part 36 category relationships and 

jurisdictional cost allocation factors 

used in jurisdictional separations. 

Extending the freeze provides stability 

for, and avoids imposing undue burdens 

on, carriers that must comply with the 

Commission’s separations rules while 

the Commission considers issues 

relating to comprehensive reform of the 

jurisdictional separations process. 

DATES: This interim rule is effective July 

1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Ball, Attorney Advisor, at 202– 

418–1577, Pricing Policy Division, 

Wireline Competition Bureau. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (R&O) in CC Docket No. 80– 

286, FCC 10–89, released on May 25, 

2010. The full text of this document is 

available for public inspection during 

regular business hours in the FCC 

Reference Center, Room CY–A257, 445 

12th Street, SW., Washington, DC 

20554. 

1. Jurisdictional separations is the 

process by which incumbent LECs 

apportion regulated costs between the 

intrastate and interstate jurisdictions. 

The freeze of Part 36 category 

relationships and jurisdictional cost 

allocation factors was first implemented 

for five years on July 1, 2001, 66 FR 

33202, June 21, 2001 (2001 Separations 

Freeze Order), extended approximately 

three years on June 23, 2006, 71 FR 

29843, May 24, 2006 (2006 Separations 

Freeze Extension Order), and extended 

a second time until June 30, 2010 74 FR 

23955, May 22, 2009 (2009 Separations 

Freeze Extension Order). On March 29, 

2010, the Commission released a notice 

of proposed rulemaking seeking 

comment on a further extension of the 

freeze until June 30, 2011. 75 FR 17109 

(Apr. 5, 2010) (NPRM). The 

overwhelming majority of parties filing 

comments in response to the NPRM 

supported extension of the freeze. This 

R&O extends the current freeze until 

June 30, 2011. Extending the freeze 

provides stability for, and avoids 

imposing undue burdens on, carriers 

that must comply with the 

Commission’s separations rules while 

the Commission, working with the 

Federal-State Joint Board on 

Separations, considers issues relating to 

comprehensive separations reform. 

2. The extended freeze will be 

implemented as described in the 2001 

Separations Freeze Order. Specifically, 

price-cap carriers would use the same 

relationships between categories of 

investment and expenses within part 32 

accounts and the same jurisdictional 

allocation factors that have been in 

place since the inception of the current 

freeze on July 1, 2001. Rate-of-return 

carriers would use the same frozen 

jurisdictional allocation factors, and 

would use the same frozen category 

relationships if they had opted 

previously to freeze those as well. 

I. Procedural Matters 

A. Final Regulatory Flexibility 

Certification 

3. As required by the Regulatory 

Flexibility Act, the Commission certifies 

that these regulatory amendments will 

not have a significant impact on small 

business entities. 

B. Paperwork Reduction Act 

4. The R&O does not propose any new 

or modified information collections 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new, modified, or proposed 

‘‘information collection burden for small 

business concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, 44 U.S.C. 

3506(c)(4). 

C. Congressional Review Act 

5. The Commission will send a copy 

of the R&O in a report to be sent to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

II. Ordering Clauses 

6. Pursuant to sections 1, 4(i) and (j), 

214(e), 254, and 410 of the 

Communications Act of 1934, as 

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

214(e), 254, and 410, the R&O is 

adopted. 

7. The report and order shall be 

effective July 1, 2010. 

8. The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the R&O, including the Final Regulatory 

Flexibility Certification, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 36 

Communications common carriers, 

Reporting and recordkeeping 

requirements, Telephone, and Uniform 

System of Accounts. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Interim Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 36 as 

follows: 

PART 36—JURISDICTIONAL 

SEPARATIONS PROCEDURES; 

STANDARD PROCEDURES FOR 

SEPARATING 

TELECOMMUNICATIONS PROPERTY 

COSTS, REVENUES, EXPENSES, 

TAXES AND RESERVES FOR 

TELECOMMUNICATIONS COMPANIES 

■ 1. The authority citation for part 36 

continues to read: 

Authority: 47 U.S.C. Secs. 151, 154 (i) and 

(j), 205, 221(c), 254, 403, and 410. 

■ 2. In 47 CFR part 36 remove the words 

‘‘June 30, 2010’’ and add, in their place, 

the words ‘‘June 30, 2011’’ wherever 

they appear in the following places: 


srobinson on DSKHWCL6B1PROD with RULES
30302 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 

■ a. Section 36.3(a), (b), (c), (d), and (e); 

■ b. Section 36.123(a)(5), and (a)(6); 

■ c. Section 36.124(c), and (d); 

■ d. Section 36.125(h), and (i); 

■ e. Section 36.126(b)(5), (c)(4), (e)(4), 

and (f)(2); 

■ f. Section 36.141(c); 

■ g. Section 36.142(c); 

■ h. Section 36.152(d); 

■ i. Section 36.154(g); 

■ j. Section 36.155(b); 

■ k. Section 36.156(c); 

■ l. Section 36.157(b); 

■ m. Section 36.191(d); 

■ n. Section 36.212(c); 

■ o. Section 36.214(a); 

■ p. Section 36.372; 

■ q. Section 36.374(b), and (d); 

■ r. Section 36.375(b)(4), and (b)(5); 

■ s. Section 36.377(a) introductory text, 

(a)(1)(ix), (a)(2)(vii), (a)(3)(vii), 

(a)(4)(vii), (a)(5)(vii), and (a)(6)(vii); 

■ t. Section 36.378(b)(1); 

■ u. Section 36.379(b)(1), and (b)(2); 

■ v. Section 36.380(d), and (e); 

■ w. Section 36.381(c) and (d); and 

■ x. Section 36.382(a). 

[FR Doc. 2010–13046 Filed 5–28–10; 8:45 am] 

BILLING CODE 6712–01–P 


srobinson on DSKHWCL6B1PROD with RULES