Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 2729 

increase from ‘‘up to $11,803’’ to ‘‘up to 

$12,537.’’ 

IV. Regulatory Procedures 

A. Determination of Good Cause for 

Publication Without Notice and 

Comment and With an Immediate 

Effective Date 

Section 553(b) of the Administrative 

Procedure Act (APA) (5 U.S.C. 553) 

provides that, when an agency for good 

cause finds that notice and public 

comment procedures are impracticable, 

unnecessary, or contrary to the public 

interest, then the agency may issue a 

rule without providing notice and an 

opportunity for prior public comment. 

The agency finds that there is good 

cause to except this rule from the public 

notice and comment provisions of the 

APA in this case. Because the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 requires the 

agency to update its regulations based 

on a prescribed formula, the agency has 

no discretion in the nature or amount of 

the change to the civil monetary 

penalties to reflect any views or 

suggestions provided by commenters. 

Accordingly, it would serve no purpose 

to provide an opportunity for public 

comment on this rule prior to 

promulgation. Thus, providing for 

notice and public comment is 

impracticable and unnecessary. 

Additionally, it would not be possible to 

meet the deadlines imposed by the Act 

if we were to first publish a proposed 

rule, allow the public sufficient time to 

submit comments, analyze the 

comments, and publish a final rule. 

Therefore, notice and comment for these 

proscribed updates is impracticable and 

unnecessary. 

Furthermore, the agency finds under 

section 553(d)(3) of the APA that good 

cause exists to make this final rule 

effective immediately upon publication 

in the Federal Register. In the Act, 

Congress expressly required Federal 

agencies to publish annual inflation 

adjustments to civil penalties in the 

Federal Register by January 15 of each 

year, notwithstanding section 553 of the 

APA. Under the statutory framework 

and OMB guidance, the new penalty 

levels take effect immediately upon the 

effective date of the adjustment. The 

statutory deadline does not allow time 

to delay this rule’s effective date beyond 

publication. Moreover, an effective date 

after January 15 would delay 

application of the new penalty levels, 

contrary to Congress’s intent. 

Accordingly, we are issuing the 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

B. Review Under Procedural Statutes 

and Executive Orders 

The agency has determined that 

making technical changes to the amount 

of civil monetary penalties in its 

regulations does not trigger any 

requirements under procedural statutes 

and Executive orders that govern 

rulemaking procedures. 

List of Subjects 

45 CFR Part 1230 

Government contracts, Grant 

programs, Loan programs, Lobbying, 

Penalties, Reporting and recordkeeping 

requirements. 

45 CFR Part 2554 

Claims, Fraud, Organization and 

functions (Government agencies), 

Penalties. 

For the reasons discussed in the 

preamble, under the authority of 42 

U.S.C. 12651c(c), the Corporation for 

National and Community Service 

amends chapters XII and XXV, title 45 

of the Code of Federal Regulations as 

follows: 

PART 1230—NEW RESTRICTIONS ON 

LOBBYING 

■ 1. The authority citation for part 1230 

continues to read as follows: 

Authority: Section 319, Pub. L. 101–121 

(31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C. 

4951, et seq.; 42 U.S.C. 5060. 

§ 1230.400 [Amended] 

■ 2. Amend § 1230.400 by: 

■ a. In paragraphs (a), (b), and (e), 

removing ‘‘$20,732’’ and adding, in its 

place, ‘‘$22,022’’ each place it appears. 

■ b. In paragraphs (a), (b), and (e), 

removing ‘‘$207,313’’ and adding, in its 

place, ‘‘$220,212’’ each place it appears. 

Appendix A to Part 1230 [Amended] 

■ 3. Amend appendix A to part 1230 by: 

■ a. Removing ‘‘$20,732’’ and adding, in 

its place, ‘‘$22,022’’ each place it 

appears. 

■ b. Removing ‘‘$207,313’’ and adding, 

in its place, ‘‘$220,212’’ each place it 

appears. 

PART 2554—PROGRAM FRAUD CIVIL 

REMEDIES ACT REGULATIONS 

■ 4. The authority citation for part 2554 

continues to read as follows: 

Authority: Pub. L. 99–509, Secs. 6101– 

6104, 100 Stat. 1874 (31 U.S.C. 3801–3812); 

42 U.S.C. 12651c–12651d. 

§ 2554.1 [Amended] 

■ 5. Amend § 2554.1 by removing 

‘‘$11,803’’ in paragraph (b) and adding, 

in its place, ‘‘$12,537.’’ 

Dated: January 13, 2022. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2022–00909 Filed 1–18–22; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number: 220112–0011] 

RIN 0660–AA37 

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 a new 

edition of the NTIA Manual, with which 

Federal agencies must comply when 

requesting use of radio frequency 

spectrum. 

DATES: Effective: January 19, 2022. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of February 18, 2022. 

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: 

Alan Frable, Office of Spectrum 

Management, at (202) 482–1670 or 

afrable@ntia.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 


jspears on DSK121TN23PROD with RULES1
2730 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 

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., 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. In particular, this rule 

amends the section by incorporating by 

reference the 2021 edition of the NTIA 

Manual. Upon the effective date of this 

rule, Federal agencies must comply with 

the requirements set forth in the 2021 

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://www.ntia.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 Alan 

Frable on (202) 482–1670. 

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. 

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. 

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 

■ 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(b) to read as follows: 

§ 300.1 Incorporation by reference of the 

Manual of Regulations and Procedures for 

Federal Radio Frequency Management. 

* * * * * 

(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, telephone: (202) 482–1670, and 

is available from the sources indicated 

in this paragraph (b). It is also available 

for inspection at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material, email fr.inspection@

nara.gov 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.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, 2021 Edition, dated 

January 2021. 

(ii) [Reserved] 

(2) [Reserved] 

Dated: January 13, 2022. 

Evelyn Remaley Hasch, 

Associate Administrator, Office of Policy 

Analysis and Development, Performing the 

Non-Exclusive Duties and Functions of the 

Assistant Secretary of Commerce for 

Communications and Information, National 

Telecommunications and Information 

Administration. 

[FR Doc. 2022–00927 Filed 1–18–22; 8:45 am] 

BILLING CODE 3510–60–P 


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