[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Rules and Regulations]
[Pages 52097-52098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20413]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number: 130809702-3702-01]
RIN 0660-AA27


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) is making 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 is 
releasing a new edition of the NTIA Manual, which Federal agencies must 
comply with when requesting use of radio frequency spectrum.

DATES: This regulation is effective on August 22, 2013. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of August 22, 
2013.

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 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 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. 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 edition of the NTIA Manual that 
federal agencies must comply with when requesting frequency 
assignments. In particular, this rule amends Sec.  300.1(b) by 
replacing ``2008 edition of the NTIA Manual, as revised through May 
2012'' with ``2013 Edition

[[Page 52098]]

of the NTIA Manual, dated May 2013.'' See Revision to the Manual of 
Regulations and Procedures for Federal Radio Frequency Management, 77 
FR 75567, 75567-68 (Dec. 21, 2012) (revising the Manual through May 
2012). Upon the effective date of this rule, federal agencies must 
comply with the requirements set forth in the 2013 edition of the NTIA 
Manual.
    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 903-008-00048-2. It is also available 
online at http://www.ntia.doc.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook. 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/cfr/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 Paperwork Reduction Act 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 because it is unnecessary. 
This action amends the regulations to incorporate by reference the most 
recent edition of the NTIA Manual. These changes do not impact the 
rights or obligations of the public because 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.

Congressional Review Act

    The NTIA Manual provides the policies and procedures for federal 
agencies' use of spectrum. The NTIA Manual does not substantially 
affect the rights or obligations of the public. As a result, this 
notice is not a ``rule'' as defined by the Congressional Review Act, 5 
U.S.C. 804(3)(C).

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

    Communications, Incorporation by reference, Radio.

    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 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 2013 edition of the NTIA Manual, dated May 2013, 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: August 16, 2013.
Angela M. Simpson,
Acting Deputy Assistant Secretary for Communications and Information.
[FR Doc. 2013-20413 Filed 8-21-13; 8:45 am]
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