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###### Department of Commerce

###### National Telecommunications and Information Administration

          - 47 CFR Part 300
          - [Docket Number: 180131107-8107-01]
          - RIN 0660-AA35

# AGENCY:

National Telecommunications and Information Administration, U.S. 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). 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 making changes to the regulatory text to comply with the Incorporation by Reference formatting structure.

# DATES:

*Effective:*                         June 18, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 18, 2018.                    

# 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:

                        Peter Tenhula, Office of Spectrum Management, at (202) 482-9142 or                         *ptenhula@ntia.doc.gov.*

# 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 § 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. In particular, this rule amends the section by incorporating by reference the 2013 edition of the NTIA Manual, as revised through September 2017 and reformatting the structure of the section to comply with Office of the Federal Register formatting requirements. 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 2017. 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://www.ntia.doc.gov/​page/​2011/​manual-regulations-and-procedures-federal-radio-frequency-management-redbook.*                     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 Peter Tenhula on (202) 482-9142.                

## 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 document 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.

# List of Subjects in 47 CFR Part 300

      - Communications
      - Incorporation by reference
      - Radio

## Regulatory Text

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: 

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 to read as follows: 

      ( print page 28162)    
§ 300.1

                            (a) The Manual of Regulations and Procedures for Federal Radio Frequency Management (the NTIA Manual) is issued by the Assistant Secretary of Commerce for Communications and Information, and is specifically designed to cover the Assistant Secretary's frequency management responsibilities pursuant to delegated authority under 47 U.S.C. 901*et seq.*                             and Executive Order 12046 (March 27, 1978). Federal agencies must comply with the requirements in the NTIA Manual specified in paragraph (b) of this section.                        

                            (b) The NTIA Manual 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 material is available for inspection at National Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087, Washington, DC 20230, Peter Tenhula at (202) 482-9142, and is available from the sources indicated below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material, call 202-741-6030 or go to                             *www.archives.gov/​federal-register/​cfr/​ibr-locations.html.*

                            (1) Commerce Department, National Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Washington, DC 20230.The NTIA Manual is available online at                             *https://www.ntia.doc.gov/​page/​2011/​manual-regulations-and-procedures-federal-radio-frequency-management-redbook*                             and from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, by referring to Catalog Number 903-008-00000-8.                        

(i) Manual of Regulations and Procedures for Federal Radio Frequency Management, 2013 Edition, dated May 2013, as modified by:

(A) May 2014 Revisions, approved June 24, 2014;

(B) September 2015 Revisions, approved March 11, 2016; and

(C) September 2017 Revisions, approved February 5, 2018.

(ii) [Reserved]

(2) [Reserved]

Dated: June 11, 2018.

David J. Redl,

Assistant Secretary for Communications and Information.

[FR Doc. 2018-12790 Filed 6-15-18; 8:45 am]

 BILLING CODE 3510-60-P