11 February 2010

[Federal Register: February 11, 2010 (Volume 75, Number 28)]
[Rules and Regulations]               
[Page 6818-6819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe10-3]                         

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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 wmitchell@ntia.doc.gov.

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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