[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73486-73487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28841]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number: 141201999-4999-01]
RIN 0660-AA28


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 relating to the 
public availability of the Manual of Regulations and Procedures for 
Federal Radio Frequency Management (NTIA Manual). Specifically, NTIA is 
releasing an update to the current edition of the NTIA Manual, with 
which federal agencies must comply when requesting use of radio 
frequency spectrum.

DATES: This regulation is effective on December 11, 2014. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of December 11, 
2014.

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 on the use of the radio frequency spectrum for radio 
transmissions for telecommunications or for other purposes. 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 Sec.  300.1(b) of title 47 of the Code of 
Federal Regulations to specify the edition of the NTIA Manual with 
which federal agencies must comply when requesting frequency 
assignments. In particular, this rule amends Sec.  300.1(b) by 
replacing ``2013 Edition of the NTIA Manual, dated May 2013.'' with 
``2013 Edition of the NTIA Manual, as revised through May 2014.'' See 
Revision to the Manual of Regulations and Procedures for Federal Radio 
Frequency Management, 78 FR 52097, 52097-98 (Aug. 22, 2013) (revising 
the Manual through May 2013). Upon the effective date of this rule, 
federal agencies must comply with the requirements set forth in the 
2013 edition of the NTIA Manual, as revised through May 2014.
    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, by calling William Mitchell on (202) 482-8124, 
and 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

[[Page 73487]]

(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 as it is unnecessary. This 
action amends the regulations to include the date of the most current 
edition of the NTIA Manual. These changes do not impact the rights or 
obligations to 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 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 for policies and procedures for federal 
agencies' use of spectrum. The NTIA Manual and the changes thereto do 
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 the Code of 
Federal Regulations, 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. 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, as revised through May 
2014, 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: December 4, 2014.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2014-28841 Filed 12-10-14; 8:45 am]
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