[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34913-34914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12640]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
[Docket Number: 160523450-6450-01]
RIN 0660-AA32
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. NTIA is also making changes to the regulatory text
to comply with the Incorporation by Reference formatting structure.
DATES: This regulation is effective on June 1, 2016. The incorporation
by
[[Page 34914]]
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of June 1, 2016.
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 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 2014'' with ``2013 Edition of the NTIA
Manual, as revised through September 2015.'' See Revision to the Manual
of Regulations and Procedures for Federal Radio Frequency Management,
79 FR 73486, 73486-87 (Dec. 11, 2014). (revising the Manual through May
2014). 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 September 2015.
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 https://www.ntia.doc.gov/osmhome/redbook/redbook.html.
This rule also amends the regulatory text in section 300.1(b) of
title 47 of the Code of Federal Regulations to comply with the
Incorporation by Reference formatting structure.
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 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 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:
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. Amend Sec. 300.1 by revising paragraph (b) and removing paragraph
(c).
The revision reads 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
September 2015, 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. 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 revision 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. The NTIA Manual is available online at https://www.ntia.doc.gov/osmhome/redbook/redbook.html.
Dated: May 24, 2016.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2016-12640 Filed 5-31-16; 8:45 am]
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