[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Rules and Regulations]
[Pages 80994-80995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25649]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number 230921-0231]
RIN 0660-AA39


Manual of Regulations and Procedures for Federal Radio Frequency 
Management

AGENCY: National Telecommunications and Information Administration 
(NTIA), 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). NTIA has the 
authority, delegated by the president, to assign frequencies to radio 
stations or classes of radio stations belonging to and operated by the 
United States. NTIA's manual reflects this authority and provides for 
the coordination of Executive branch agencies' spectrum management and 
coordination. Specifically, NTIA is releasing a revised edition of the 
NTIA Manual, with which Federal agencies must comply when requesting 
use of radio frequency spectrum.

DATES: Effective: November 21, 2023. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of November 21, 2023.

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 and online at 
https://ntia.gov/publications/redbook-manual.

FOR FURTHER INFORMATION CONTACT: Alan Frable, Office of Spectrum 
Management, at (202) 482-1670 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Incorporation by Reference

    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 (CFR) 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., p. 158. This rule updates 
Sec.  300.1 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. This rule amends the section by 
incorporating by reference the 2023 edition of the NTIA Manual. Upon 
the effective date of this rule, Federal agencies must comply with the 
requirements set forth in the 2023 edition of the NTIA Manual. 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, and online at https://ntia.gov/publications/redbook-manual. The material is available from: Commerce 
Department, National Telecommunications and Information Administration, 
Office of Spectrum Management, 1401 Constitution Avenue NW, Washington, 
DC 20230, https://ntia.gov/publications/redbook-manual; and 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402, https://bookstore.gpo.gov/ (reference Catalog 
Number 903-008-00000-8).

II. 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 Office of Management and Budget 
(OMB) Control Number.

III. Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

IV. Administrative Procedure Act and 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 merely 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, 
and has no other substantive impact, 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 same 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.

V. Executive Order 13132

    This rule does not contain policies having federalism implications 
as that term is defined in Executive Order 13132.

List of Subjects in 47 CFR Part 300

    Communications, Incorporation by reference, Radio.

    For the reasons set forth in the preamble, NTIA amends 47 CFR 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:


[[Page 80995]]


    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. Revise Sec.  300.1(b) to read as follows:


Sec.  300.1  Incorporation by reference of the Manual of Regulations 
and Procedures for Federal Radio Frequency Management.

* * * * *
    (b) The material listed in this paragraph (b) is incorporated by 
reference into this section with approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
incorporation by reference (IBR) material is available for inspection 
at National Telecommunications and Information Administration (NTIA) 
and the National Archives and Records Administration (NARA). Contact 
NTIA at: National Telecommunications and Information Administration, 
Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087, 
Washington, DC 20230, telephone: (202) 482-1670. For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The 
material is available from: Commerce Department, National 
Telecommunications and Information Administration, Office of Spectrum 
Management, 1401 Constitution Avenue NW, Washington, DC 20230, https://ntia.gov/publications/redbook-manual; and Superintendent of Documents, 
U.S. Government Printing Office, Washington, DC 20402, https://bookstore.gpo.gov/ (reference Catalog Number 903-008-00000-8).
    (1) Manual of Regulations and Procedures for Federal Radio 
Frequency Management, January 2023 Revisions to the January 2021 
Edition, approved September 7, 2023.
    (2) [Reserved]

Stephanie Weiner,
Chief Counsel, National Telecommunications and Information 
Administration.
[FR Doc. 2023-25649 Filed 11-20-23; 8:45 am]
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