[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Rules and Regulations]
[Pages 16795-16796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8169]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
Docket Number: 090225246-9247-01
RIN 0660-AA20
Corrections to Part 300, Manual of Regulations and Procedures for
Federal Radio Frequency Management
AGENCY: National Telecommunications and Information Administration,
U.S. Department of Commerce.
ACTION: Final rule.
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SUMMARY: The National Telecommunications and Information Administration
(NTIA) hereby makes certain changes regarding the revisions to and the
public availability of the Manual of Regulations and Procedures for
Federal Radio Frequency Management (NTIA Manual). Specifically, NTIA
adopts certain changes to update 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. In addition, NTIA updates the address where members
of the public may obtain the manual.
EFFECTIVE DATE: This regulation is effective on April 13, 2009. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of April 13,
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) 482-8124 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. The
NTIA Manual is scheduled for revision in January, May, and September of
each year. Federal agencies are required to comply with the
specification in the NTIA Manual according to 47 U.S.C. 901 et seq.,
Executive Order 12046 (March 27, 1978), 43 FR 13349, 3 CFR 1978 Comp.,
p. 158, when requesting frequency assignments for use of the radio
frequency spectrum. This rule hereby incorporates by reference the
Manual of Regulations and Procedures for Federal Radio Frequency
Management, January 2008 Edition, September 2008 Revision, National
Telecommunications and Information Administration, United States
Department of Commerce. The Director of the Federal Register approves
this incorporation by reference in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402, by
referring to Catalog Number 903-008-00000-8. You may inspect a copy at
the Office of Spectrum Management, 1401 Constitution Avenue, NW., Room
1087, Washington, DC 20230, or call (202) 482-8124, or 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.
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 ``May 1992'' with
``January 2008'' and ``June 1993'' with ``September 2008.'' 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 September 2008.
NTIA also amends its regulations at section 300.1(c) to update the
address where Federal agencies may request a copy of the NTIA Manual.
The complete 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 online at
http://www.ntia.doc.gov/osmhome/redbook/redbook.html. The NTIA Manual
is on file at the 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. 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. 553.
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements
of the
[[Page 16796]]
Regulatory Flexibility Act (5 U.S.C. 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 Executive Order 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 continues to read as follows:
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. In 300.1, revise paragraphs (b) and (c) 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 September 2008, which is incorporated by reference with
approval of the Director, Office of the Federal Register in accordance
with 5 U.S.C. Sec. 552(a) and 1 CFR part 51.
(c) 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
revision 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.
* * * * *
Dated: April 6, 2009.
Kathy D. Smith,
Chief Counsel, National Telecommunications and Information
Administration.
[FR Doc. E9-8169 Filed 4-10-09; 8:45 am]
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