[Federal Register Volume 75, Number 28 (Thursday, February 11, 2010)]
[Rules and Regulations]
[Pages 6818-6819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2968]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
[Docket Number 100125044-0044-01]
RIN 0660-AA10
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, 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 February 11, 2010. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of February 11,
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. Sec. 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
[[Page 6819]]
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 according to 47 U.S.C. Sec. 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 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. In
particular, section 300.1(b) amends the regulations by replacing
``September 2008'' with ``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
September 2009.
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. Sec. 552(a) and 1 CFR part 51. 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, 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. Sec. 553(b)(3)(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. 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: 47 U.S.C. 901 et seq., Executive Order 12046 (March
27, 1978), 43 FR 13349, 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 September 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: February 4, 2010.
Anna M. Gomez,
Deputy Assistant Secretary for Communications and Information.
[FR Doc. 2010-2968 Filed 2-10-10; 8:45 am]
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