[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Rules and Regulations]
[Pages 54790-54791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22411]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
[Docket Number 100831418-0418-01]
RIN 0660-AA22
Revision to the 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 to its regulations, which relate to
the public availability of the Manual of Regulations and Procedures for
Federal Radio Frequency Management (NTIA Manual). Specifically, 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.
DATES: Effective Date: This regulation is effective on September 9,
2010. The incorporation by reference of certain publications listed in
the rule is approved by the Director of the Federal Register as of
September 9, 2010.
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. 902(b)(2)(A). As part of this authority, NTIA
developed the NTIA Manual to provide further guidance to applicable
federal agencies. 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 process by which NTIA regularly revises the NTIA
Manual and makes public this document and all revisions. Federal
agencies are required to comply with the specifications in the NTIA
Manual when requesting frequency assignments for use of the radio
frequency spectrum. See 47 U.S.C. 901 et seq., Executive Order 12046
(March 27, 1978), 43 FR 13349, 3 CFR 1978 Comp. at 158.
This rule updates section 300.1(b) of title 47 of the Code of
Federal Regulations 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. In particular,
this rule amends section 300.1(b) by replacing ``September 2009'' with
``May 2010.'' See Revision to the Manual of Regulations and Procedures
for Federal Radio Frequency Management, 75 FR 6818 (Feb. 11, 2010)
(revising the Manual through September 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 May 2010.
The NTIA Manual is scheduled for revision in January, May, and
September of each year and is submitted to the Director of the Federal
Register for Incorporation by Reference approval. The Director of the
Federal Register approved this incorporation by reference in accordance
with 5 U.S.C. 552(a) and part 51 of title 1 of the Code of Federal
Regulations. 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 on (202) 482-8124,
and available online at http://www.ntia.doc.gov/osmhome/redbook/redbook.html. The NTIA Manual is also 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. 553(b)(B) to waive prior
notice and opportunity for public comment as it is unnecessary. This
action amends the regulations to include the date of the most current
version of the NTIA Manual. 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. NTIA also finds good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effectiveness for the reasons provided above.
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
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 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
1. The authority citation for part 300 continues to read as
follows:
[[Page 54791]]
Authority: 47 U.S.C. 901 et seq., Executive Order 12046 (March
27, 1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158.
0
2. Section 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 May 2010, 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: September 2, 2010.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2010-22411 Filed 9-8-10; 8:45 am]
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