[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Rules and Regulations]
[Pages 16795-16796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8169]


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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.

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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 <a href="/cdn-cgi/l/email-protection#b1c6dcd8c5d2d9d4ddddf1dfc5d8d09fd5ded29fd6dec7"><span class="__cf_email__" data-cfemail="f0879d99849398959c9cb09e849991de949f93de979f86">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    NTIA authorizes the U.S. Government's use of the radio frequency 
spectrum. 47 U.S.C. Sec.  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/federal_register/code_of_federal_regulations/ibr_locations.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/federal_register/code_of_federal_regulations/ibr_locations.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

[[Page 16796]]

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.

0
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

0
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.
0
2. In 300.1, revise paragraphs (b) and (c) to read as follows:


Sec.  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. Sec.  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/federal_register/code_of_federal_regulations/ibr_locations.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-


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