[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75567-75568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30682]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number 121214713-2713-01]
RIN 0660-XC004


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, 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.

DATES: Effective Date: This regulation is effective on December 21, 
2012. The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register as of 
December 21, 2012.

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. 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 
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 for use of the radio 
frequency spectrum. 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 version of the NTIA Manual with 
which federal agencies must comply when requesting frequency 
assignments for use of the radio frequency spectrum. In particular, 
this rule amends section 300.1(b) by replacing ``May 2011'' with ``May 
2012.'' See Revision to the Manual of Regulations and Procedures for 
Federal Radio Frequency Management, 76 FR 56984, 56984-85 (Sept. 15, 
2011) (revising the Manual through May 2011). Upon the effective date 
of this rule, federal agencies must comply with the requirements set 
forth in the 2008 edition of the NTIA Manual, as revised through May 
2012.
    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,

[[Page 75568]]

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 
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/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. 553(b)(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. 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 for the policies and procedures for 
federal agencies' use of the radio 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 E.O. 13132.

List of Subjects in 47 CFR Part 300

    Incorporation by reference, Radio.

Regulatory Text

    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. 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 2008 edition of the NTIA Manual, as revised through May 
2012, 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 17, 2012.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2012-30682 Filed 12-20-12; 8:45 am]
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