[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Rules and Regulations]
[Pages 31638-31639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15670]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
[Docket Number: 090225246[hyphen]9247[hyphen]01]
RIN 0660[hyphen]AA20
Revision to the Manual of Regulations and Procedures for Federal
Radio Frequency Management
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce.
[[Page 31639]]
ACTION: Final Rule.
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SUMMARY: The National Telecommunications and Information Administration
(NTIA) hereby makes certain changes to its regulations which relate to
revisions to and the public availability of the Manual of Regulations
and Procedures for Federal Radio Frequency Management (NTIA Manual).
Specifically, the NTIA updates the version of the Manual of Regulations
and Procedures for Federal Radio Frequency Management with which
Federal agencies must comply when requesting use of the radio frequency
spectrum.
EFFECTIVE DATE: This regulation is effective on July 2, 2009. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of July 2, 2009.
ADDRESSES: A reference copy of the NTIA Manual, including all revisions
in effect, is available in the Office of Spectrum Management, 1401
Constitution Avenue, NW, Room 1087, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: William Mitchell, Office of Spectrum
Management at (202) 482[hyphen]8124 or [email protected].
SUPPLEMENTARY INFORMATION:
Background
NTIA authorizes the U.S. Government's use of the radio frequency
spectrum. 47 U.S.C. Sec. 902(b)(2)(A). The NTIA Manual is the
compilation of policies and procedures that govern the use of the radio
frequency spectrum by the U.S. Government. Federal government agencies
are required to follow these policies and procedures in their use of
the spectrum.
Part 300 of title 47 of the Code of Federal Regulations provides
information about the way in which NTIA regularly revises the NTIA
Manual and public availability of this document and all revisions.
Federal agencies are required to comply with the specification in the
NTIA Manual according to 47 U.S.C. Sec. 901 et seq., Executive Order
12046 (March 27, 1978), 43 FR 13,349, 3 CFR 1978 Comp., p. 158, when
requesting frequency assignments for use of the radio frequency
spectrum.
This rule updates section 300.1(b) to specify the version of the
NTIA Manual with which Federal agencies must comply when requesting
frequency assignments for use of the radio frequency spectrum. Section
300.1(b) also amends the regulations by replacing ``September 2008''
with ``January 2009.'' Upon the effective date of this rule, Federal
agencies must comply with the requirements set forth in the January
2008 edition of the NTIA Manual, as revised through January 2009.
The NTIA Manual is scheduled for revision in January, May, and
September of each year. The revisions are submitted to the Director of
the Federal Register for Incorporation by Reference approval. Notices
of these changes are printed in the Federal Register. The NTIA Manual
is available from the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402, by referring to Catalog Number
903-008-00000-8. A reference copy of the NTIA Manual, including all
revisions in effect, is available in the Office of Spectrum Management,
1401 Constitution Avenue, NW, Room 1087, Washington, DC 20230, or call
William Mitchell at (202) 482-8124. The NTIA Manual is available online
at http://www.ntia.doc.gov/osmhome/redbook/redbook.html. The NTIA
Manual is on file at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Paperwork Reduction Act
This action does not contain collection of information requirements
subject to the Paperwork Reduction Act (PRA). Notwithstanding any other
provision of law, no person is required to respond to, nor shall any
person be subject to a penalty for failure to comply with a collection
of information subject to the PRA, unless that collection displays a
currently valid OMB Control Number.
Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Administrative Procedure Act/Regulatory Flexibility Act
NTIA finds good cause under 5 U.S.C. Sec. 553(b)(3)(B) to waive
prior notice and opportunity for public comment as it is unnecessary.
This action amends the regulations to modify a section heading and to
delete a section addressing incorporation by reference because it is no
longer the manner in which NTIA promulgates and distributes the NTIA
Manual to Federal agencies. These changes do not impact the rights or
obligations of the public. The NTIA Manual applies only to Federal
agencies. Because these changes impact only federal agencies, NTIA
finds it unnecessary to provide for the notice and comment requirements
of 5 U.S.C. Sec. 553.
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. Sec. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et
seq.) are not applicable. Therefore, a regulatory flexibility analysis
is not required and has not been prepared.
Executive Order 13132
This rule does not contain policies having federalism implications
as that term is defined in EO 13132.
Regulatory Text
List of Subjects in 47 CFR Part 300
Incorporation by reference; Radio.
0
For the reasons set forth in the preamble, NTIA amends title 47, Part
300 as follows:
PART 300 - MANUAL OF REGULATIONS AND PROCEDURES FOR FEDERAL RADIO
FREQUENCY MANAGEMENT
0
1. The authority citation for part 300 continues to read as follows:
Authority: Authority: 47 U.S.C. 901 et seq., Executive Order
12046 (March 27, 1978), 43 FR 13,349, 3 CFR 1978 Comp., p. 158.
0
2. Paragraph 300.1(b) is revised to read as follows:
Sec. 300.1 Incorporation by reference of the Manual of Regulations
and Procedures for Federal Radio Frequency Management.
* * * * *
(b) The Federal agencies shall comply with the requirements set
forth in the January 2008 edition of the NTIA Manual, as revised
through January 2009, which is incorporated by reference with approval
of the Director, Office of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51.
* * * * *
Dated: June 26, 2009.
Anna M. Gomez,
Acting Assistant Secretary for Communications and Information.
[FR Doc. E9-15670 Filed 7-1-09; 8:45 am]
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