Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Rules and Regulations 16795 

You may also pick up the filing guides 

in the Commission Room TW–B200. 

All revenues generated by section 8 

Application Fees are deposited in the 

General Fund of the United States 

Treasury. 

For additional information concerning 

the new Schedule of Section 8 

Application Fees, please contact the 

CORES Helpdesk at 1–877–480–3201 

(Option 4). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–8369 Filed 4–10–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

Docket Number: 090225246–9247–01 

RIN 0660–AA20 

Corrections to Part 300, 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) hereby makes 

certain changes regarding the revisions 

to and the public availability of the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management (NTIA Manual). 

Specifically, NTIA adopts certain 

changes to update the version of the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management with which Federal 

agencies must comply when requesting 

use of the radio frequency spectrum. In 

addition, NTIA updates the address 

where members of the public may 

obtain the manual. 

EFFECTIVE DATE: This regulation is 

effective on April 13, 2009. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of April 13, 2009. 

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 

wmitchell@ntia.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NTIA authorizes the U.S. 

Government’s use of the radio frequency 

spectrum. 47 U.S.C. § 902(b)(2)(A). 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 the spectrum. 

Part 300 of title 47 of the Code of 

Federal Regulations provides 

information about the way in which 

NTIA regularly revises the NTIA 

Manual and public availability of this 

document and all revisions. The NTIA 

Manual is scheduled for revision in 

January, May, and September of each 

year. Federal agencies are required to 

comply with the specification in the 

NTIA Manual according to 47 U.S.C. 

901 et seq., Executive Order 12046 

(March 27, 1978), 43 FR 13349, 3 CFR 

1978 Comp., p. 158, when requesting 

frequency assignments for use of the 

radio frequency spectrum. This rule 

hereby incorporates by reference the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management, January 2008 Edition, 

September 2008 Revision, National 

Telecommunications and Information 

Administration, United States 

Department of Commerce. The Director 

of the Federal Register approves this 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain a copy 

from the Superintendent of Documents, 

U.S. Government Printing Office, 

Washington, DC 20402, by referring to 

Catalog Number 903–008–00000–8. You 

may inspect a copy at the Office of 

Spectrum Management, 1401 

Constitution Avenue, NW., Room 1087, 

Washington, DC 20230, or call (202) 

482–8124, or at the National Archives 

and Records Administration (NARA). 

For information on the availability of 

this material at NARA, call (202) 741– 

6030, or go to: http://www.archives.gov/ 

federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. 

This rule updates section 300.1(b) to 

specify the version of the NTIA Manual 

with which Federal agencies must 

comply when requesting frequency 

assignments for use of the radio 

frequency spectrum. Section 300.1(b) 

also amends the regulations by 

replacing ‘‘May 1992’’ with ‘‘January 

2008’’ and ‘‘June 1993’’ with 

‘‘September 2008.’’ Upon the effective 

date of this rule, Federal agencies must 

comply with the requirements set forth 

in the January 2008 edition of the NTIA 

Manual, as revised through September 

2008. 

NTIA also amends its regulations at 

section 300.1(c) to update the address 

where Federal agencies may request a 

copy of the NTIA Manual. The complete 

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 online at http:// 

www.ntia.doc.gov/osmhome/redbook/ 

redbook.html. The NTIA Manual is on 

file at the NARA. For information on the 

availability of this material at NARA, 

call (202) 741 6030, or go to: http:// 

www.archives.gov/federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. 

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 PRA, 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 modify a section heading 

and to delete a section addressing 

incorporation by reference because it is 

no longer the manner in which NTIA 

promulgates and distributes the NTIA 

Manual to Federal agencies. These 

changes do not impact the rights or 

obligations of 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. 

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 

16796 Federal Register / Vol. 74, No. 69 / Monday, April 13, 2009 / Rules and Regulations 

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. 

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 

Incorporation by reference; Radio. 

■ For the reasons set forth in the 

preamble, NTIA amends title 47, Part 

300 as follows: 

PART 300–MANUAL OF 

REGULATIONS AND PROCEDURES 

FOR FEDERAL RADIO FREQUENCY 

MANAGEMENT 

■ 1. The authority citation continues to 

read as follows: 

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

Order 12046 (March 27, 1978), 43 FR 13,349, 

3 CFR 1978 Comp., p. 158. 

■ 2. In 300.1, revise paragraphs (b) and 

(c) to read as follows: 

§ 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 

January 2008 edition of the NTIA 

Manual, as revised through September 

2008, 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. 

(c) The NTIA Manual is scheduled for 

revision in January, May, and 

September of each year. The revisions 

are submitted to the Director of the 

Federal Register for Incorporation by 

Reference approval. Notices of these 

changes are printed in the Federal 

Register. 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 http:// 

www.ntia.doc.gov/osmhome/redbook/ 

redbook.html. The NTIA Manual is on 

file at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741 6030, 

or go to: http://www.archives.gov/ 

federallregister/ 

codeloflfederallregulations/ 

ibrllocations.html. 

* * * * * 

Dated: April 6, 2009. 

Kathy D. Smith, 

Chief Counsel, National Telecommunications 

and Information Administration. 

[FR Doc. E9–8169 Filed 4–10–09; 8:45 am] 

BILLING CODE 3510–60–