Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28161 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number: 180131107–8107–01] 

RIN 0660–AA35 

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. 

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-andprocedures-federal-radio-frequencymanagement-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: 


amozie on DSK3GDR082PROD with RULES
28162 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 

§ 300.1 Incorporation by reference of the 

Manual of Regulations and Procedures for 

Federal Radio Frequency Management. 

(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/manualregulations-and-procedures-federalradio-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 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 172, 173, and 180 

[Docket No. PHMSA–2013–0225 (HM–218H)] 

RIN 2137–AF27 

Hazardous Materials: Miscellaneous 

Amendments; Response to Appeals; 

Corrections 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), U.S. Department of 

Transportation (DOT). 

ACTION: Correcting amendments. 

SUMMARY: PHMSA issues this 

rulemaking in response to appeals 

submitted to a previously-published 

final rule. On June 2, 2016, PHMSA 

published a final rule that made 

miscellaneous amendments to the 

Hazardous Materials Regulations. This 

final rule specifically responds to 

appeals to extend the effective date of 

certain nitric acid packaging and 

emergency response telephone number 

amendments as previously adopted. 

This final rule also clarifies 

amendments associated with the trigger 

date of the 10-year test period for certain 

MC 331 cargo tanks in dedicated 

propane service and corrects editorial 

errors. 

DATES: Effective date: This final rule is 

effective July 18, 2018. 

Voluntary compliance date: June 18, 

2018. 

Delayed compliance date: Unless 

otherwise specified, compliance with 

the amendments adopted in this final 

rule is required beginning September 

17, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ciccarone, Standards and 

Rulemaking Division, (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. Notice of Proposed Rulemaking 

B. Final Rule 

II. Appeals to the Final Rule 

A. Appellants 

B. Discussion of Appeals by Affected 

Section 

III. Corrections and Amendments 

IV. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

B. Executive Order 12866 (Regulatory 

Planning and Review), Executive Order 

13563 (Improving Regulation and 

Regulatory Review), Executive Order 

13610 (Identifying and Reducing 

Regulatory Burdens), Executive Order 

13771 (Reducing Regulation and 

Controlling Regulatory Costs) and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

F. Paperwork Reduction Act 

G. Regulation Identifier Number (RIN) 

H. Unfunded Mandates Reform Act 

I. Environmental Assessment 

J. Privacy Act 

K. International Trade Analysis 

I. Background 

A. Notice of Proposed Rulemaking 

On January 23, 2015, PHMSA 

published a notice of proposed 

rulemaking (NPRM) under Docket No. 

PHMSA–2013–0225 [(HM–218H); 80 FR 

3787] that proposed amendments to 

update and clarify existing requirements 

of the Hazardous Materials Regulations 

(HMR; 49 CFR parts 171–180). Both the 

NPRM and the subsequent final rule— 

see Section I, Subsection B (‘‘Final 

Rule’’) of this rulemaking—are part of 

DOT’s Retrospective Regulatory Review 

(RRR) process designed to identify 

possible improvements to the 

regulations through the extensive 

review of both the HMR and previouslyissued letters of interpretation. In 

addition, the NPRM proposed regulatory 

requirements in response to seven (7) 

petitions for rulemaking and two (2) 

National Transportation Safety Board 

(NTSB) Safety Recommendations. 

B. Final Rule 

On June 2, 2016, PHMSA issued a 

final rule titled, ‘‘Hazardous Materials: 

Miscellaneous Amendments (RRR),’’ 

under Docket No. PHMSA–2013–0225 

[(HM–218H); 81 FR 35483] that made 

miscellaneous amendments to the HMR 

to update and clarify certain regulatory 

requirements. Based on an assessment 

of the proposed changes and the 

comments received, the June 2, 2016 

final rule covered various topics 

including the following topics 

addressed in this rule: 

• Emergency response telephone 

numbers 

• Packaging instructions for certain 

shipments of nitric acid 

• Test period extension to 10 years for 

certain MC 331 cargo tanks in 

dedicated propane delivery service 

• Hazardous Materials Table revisions 

• Pressure relief device testing for cargo 

tank motor vehicles 


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