80994 Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 

Community Channel No. 

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Idaho 

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Idaho Falls ................. 18, 20, 36. 

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[FR Doc. 2023–25393 Filed 11–20–23; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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/redbookmanual. 

FOR FURTHER INFORMATION CONTACT: 

Alan Frable, Office of Spectrum 

Management, at (202) 482–1670 or 

afrable@ntia.gov. 

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 § 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 

■ 1. The authority citation for part 300 

continues to read as follows: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 / Rules and Regulations 80995 

Authority: 47 U.S.C. 901 et seq., Executive 

Order 12046 (March 27, 1978), 43 FR 13349, 

3 CFR 1978 Comp., p. 158. 

■ 2. Revise § 300.1(b) to read as follows: 

§ 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 fr.inspection@

nara.gov. 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] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 1206013412–2517–02; RTID 

0648–XD526] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2024 

Commercial Accountability Measure 

for Gulf of Mexico Greater Amberjack 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; commercial 

accountability measure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial greater amberjack in the 

Gulf of Mexico (Gulf) exclusive 

economic zone (EEZ) reef fish fishery 

for the 2024 fishing year through this 

temporary rule. NMFS has determined 

that Gulf greater amberjack landings in 

2023 exceeded the commercial annual 

catch limit (ACL). Therefore, NMFS 

reduces both the commercial ACL and 

commercial annual catch target (ACT) 

for greater amberjack in the Gulf EEZ 

during the 2024 fishing year. This 

commercial ACL and ACT reduction is 

necessary to protect the Gulf greater 

amberjack resource. 

DATES: This rule is effective 12:01 a.m., 

local time, January 1, 2024, until 12:01 

a.m., local time, January 1, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, or email: Kelli.ODonnell@

noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the reef fish fishery of the Gulf, 

which includes greater amberjack, 

under the Fishery Management Plan for 

the Reef Fish Resources of the Gulf 

(FMP). The Gulf of Mexico Fishery 

Management Council (Council) 

prepared the FMP and NMFS approved 

and implements the FMP under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

All greater amberjack weights 

described in this temporary rule are in 

round weight. 

The 2024 commercial ACL for Gulf 

greater amberjack is 101,000 lb (45,813 

kg), as specified in 50 CFR 

622.41(a)(1)(iii). The 2024 commercial 

quota (equivalent to the commercial 

ACT) is 93,930 lb (42,606 kg), as 

specified in 50 CFR 622.39(a)(1)(v). 

However, NMFS has determined that in 

2023, the commercial harvest of greater 

amberjack exceeded the 2023 

commercial ACL of 101,000 lb (45,813 

kg) by 35,280 lb (16,003 kg). As 

described in 50 CFR 622.41(a)(1)(ii), 

NMFS is required to reduce both the 

commercial ACL and the commercial 

ACT for greater amberjack in the year 

following an overage of the commercial 

ACL, by the amount of any commercial 

ACL overage. Consistent with the 

commercial AM, for the 2024 fishing 

year, NMFS reduces both the 

commercial ACL and the commercial 

ACT to 65,720 lb (29,810 kg) and 58,650 

lb (26,603 kg), respectively. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.41(a)(1)(ii), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the commercial AM and 

the commercial ACL and ACT 

reductions have already been subject to 

notice and public comment, and all that 

remains is to notify the public of the 

updated commercial ACL and ACT for 

the 2024 fishing year. Prior notice and 

opportunity for public comment are 

contrary to the public interest because 

there is a need to immediately 

implement this action to protect the 

greater amberjack stock. Prior notice and 

opportunity for public comment would 

require time and could result in a 

harvest well in excess of the reduced 

commercial ACL and ACT. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 15, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–25658 Filed 11–20–23; 8:45 am] 

BILLING CODE 3510–22–P 


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