[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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