54790 Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 

2531, 2532, 2533, and 2534, 

respectively. 

Dated: August 24, 2010. 

Wilsie Minor, 

Acting General Counsel. 

[FR Doc. 2010–21488 Filed 9–8–10; 8:45 am] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number 100831418–0418–01] 

RIN 0660–AA22 

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) hereby makes 

certain changes to its regulations, which 

relate to the public availability of the 

Manual of Regulations and Procedures 

for Federal Radio Frequency 

Management (NTIA Manual). 

Specifically, NTIA updates 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. 

DATES: Effective Date: This regulation is 

effective on September 9, 2010. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of September 9, 2010. 

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). As 

part of this authority, NTIA developed 

the NTIA Manual to provide further 

guidance to applicable federal agencies. 

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 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 

for use of the radio frequency spectrum. 

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 section 300.1(b) of 

title 47 of the Code of Federal 

Regulations 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. In particular, 

this rule amends section 300.1(b) by 

replacing ‘‘September 2009’’ with ‘‘May 

2010.’’ See Revision to the Manual of 

Regulations and Procedures for Federal 

Radio Frequency Management, 75 FR 

6818 (Feb. 11, 2010) (revising the 

Manual through September 2009). 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 May 2010. 

The NTIA Manual is scheduled for 

revision in January, May, and 

September of each year and is submitted 

to the Director of the Federal Register 

for Incorporation by Reference approval. 

The Director of the Federal Register 

approved this incorporation by 

reference in accordance with 5 U.S.C. 

552(a) and part 51 of title 1 of the Code 

of Federal Regulations. 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 revisions in effect, is 

available in the Office of Spectrum 

Management, 1401 Constitution 

Avenue, NW., Room 1087, Washington, 

DC 20230, or call William Mitchell on 

(202) 482–8124, and available online at 

http://www.ntia.doc.gov/osmhome/ 

redbook/redbook.html. The NTIA 

Manual is also 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. 

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)(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 version of the NTIA 

Manual. 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. NTIA also 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. 

Executive Order 13132 

This rule does not contain policies 

having federalism implications as that 

term is defined in EO 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 for part 300 

continues to read as follows: 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Rules and Regulations 54791 

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

Order 12046 (March 27, 1978), 43 FR 13349, 

3 CFR 1978 Comp., p. 158. 

■ 2. Section 300.1 (b) is revised 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 May 2010, 

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. 

* * * * * 

Dated: September 2, 2010. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2010–22411 Filed 9–8–10; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No.100218107–0199–01] 

RIN 0648–XY08 

Fisheries Off West Coast States; 

Modifications of the West Coast 

Commercial and Recreational Salmon 

Fisheries; Inseason Actions #9, #10, 

and #11 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Modification of fishing seasons, 

gear restrictions, and landing and 

possession limits; request for comments. 

SUMMARY: NOAA Fisheries announces 

three inseason actions in the ocean 

salmon fisheries. Inseason actions #9 

and #11 modified the commercial 

fishery in the area from U.S./Canada 

Border to Cape Falcon, Oregon. Inseason 

action #10 modified the recreational 

fishery in the areas from U.S. Canada 

Border to Cape Alava (Neah Bay 

Subarea), Cape Alava to Queets River 

(La Push Subarea), and Queets River to 

Leadbetter Point (Westport Subarea). 

DATES: Inseason action #9 was effective 

on July 16, 2010. Inseason action #10 

was effective on July 23, 2010. Inseason 

action #11 was effective on July 30, 

2010. Inseason actions #9, #10, and #11 

remain in effect until the closing date of 

the 2010 salmon season announced in 

the 2010 annual management measures 

or through additional inseason action. 

Comments will be accepted through 

September 24, 2010. 

ADDRESSES: You may submit comments, 

identified by 0648–XY08, by any one of 

the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov 

• Fax: 206–526–6736, Attn: Peggy 

Busby 

• Mail: 7600 Sand Point Way NE, 

Building 1, Seattle, WA, 98115 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Busby, by phone at 206–526– 

4323. 

SUPPLEMENTARY INFORMATION: In the 

2010 annual management measures for 

ocean salmon fisheries (75 FR 24482, 

May 5, 2010), NMFS announced the 

commercial and recreational fisheries in 

the area from the U.S./Canada Border to 

the U.S./Mexico Border, beginning May 

1, 2010. 

The Regional Administrator (RA) 

consulted with representatives of the 

Council, Washington Department of 

Fish and Wildlife, and Oregon 

Department of Fish and Wildlife on July 

15, 2010. The information considered 

during this consultation related to 

Chinook and coho salmon catch to date 

and Chinook and coho salmon catch 

rates compared to quotas and other 

management measures established 

preseason. 

Inseason action #9 increased the 

landing and possession limits for the 

commercial salmon fishery from the 

U.S./Canada Border to Cape Falcon, 

Oregon. The open period landing and 

possession limits of 40 Chinook salmon 

and 30 coho per vessel, imposed by 

inseason action #6 (75 FR 51183, August 

19, 2010), were increased to 60 Chinook 

salmon and 50 coho per vessel north of 

Leadbetter Point or 60 Chinook salmon 

and 50 coho per vessel south of 

Leadbetter Point. This action was taken 

because salmon catch rates had been 

lower than expected due to poor 

weather conditions that had limited 

fishery participation. There was concern 

that if landing and possession limits 

were not increased there would be lost 

opportunity to utilize available salmon 

quota. On July 15, 2010, the states 

recommended this action and the RA 

concurred; inseason action #9 took 

effect on July 16, 2010. Modification of 

quota and/or fishing seasons is 

authorized by 50 CFR 660.409(b)(1)(i). 

The RA consulted with 

representatives of the Council, 

Washington Department of Fish and 

Wildlife, and Oregon Department of 

Fish and Wildlife on July 20, 2010. The 

information considered during this 

consultation related to catch to date for 

Chinook and coho salmon and Chinook 

and coho salmon catch rates compared 

to quotas and other management 

measures established preseason for the 

recreational fishery. 

Inseason action #10 modified fishery 

openings in the recreation fisheries in 

Neah Bay, La Push, and Westport 

subareas. Openings described in the 

2010 annual management measures 

were Tuesday through Saturday for 

Neah Bay and La Push subareas, and 

Sunday through Thursday for the 

Westport subarea. Inseason action #10 

changed these 5–day openings to 7–day 

openings. This action was taken to 

provide more opportunity for 

recreational fishing as fishing effort had 

been low, due largely to poor weather 

conditions. Low fishing effort resulted 

in unutilized Chinook and coho salmon 

quota in these subareas. On July 20, 

2010, the states recommended this 

action and the RA concurred; inseason 

action #10 took effect on July 23, 2010. 

Modification of quota and/or fishing 

seasons is authorized by 50 CFR 

660.409(b)(1)(i). 

The RA consulted with 

representatives of the Council, 

Washington Department of Fish and 

Wildlife, and Oregon Department of 

Fish and Wildlife on July 29, 2010. The 

information considered during this 

consultation related to catch to date for 

Chinook and coho salmon and Chinook 

and coho salmon catch rates compared 

to quotas and other management 

measures established preseason for the 

fishery. 

Inseason action #11 increased the 

landing and possession limit for 

Chinook salmon in the commercial 

salmon fishery from the U.S./Canada 

Border to Cape Falcon, Oregon; 


jlentini on DSKJ8SOYB1PROD with RULES