73486 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2 and 15 

[GN Docket No. 12–268; FCC 14–50] 

Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: On August 15, 2014, the 

Commission released a Report and 

Order, ‘‘Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions.’’ This 

document announces an effective date 

for several sections in the final 

regulations that appeared in the Federal 

Register on August 15, 2014 (79 FR 

48442). 

DATES: 47 CFR 2.1033(c)(19)(iii); 

15.713(b)(2)(iv) and 15.713(h)(10), 

published in the Federal Register on 

August 15, 2914 (79 FR 48442) are 

effective December 11, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Brooks, Office of Engineering and 

Technology, (202) 418–2454 or email 

Nancy.Brooks@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this document relate to 

‘‘Expanding the Economic and 

Innovation Opportunities of Spectrum 

Through Incentive Auctions’’ under the 

dates section for §§ 2.1033(c)(19)(iii); 

15.713(b)(2)(iv) and 15.713(h)(10) of the 

rules. 

Need for Correction 

As published, the DATES section 

contains errors, which may prove to be 

misleading. 

In the DATES section of the Federal 

Register §§ 2.1033(c)(19)(iii); 

15.713(b)(2)(iv) and 15.713(h)(10) were 

inadvertently listed with sections that 

were not yet effective. These sections do 

not contain new or modified 

information collection requirements that 

require approval by the Office of 

Management and Budget. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2014–28896 Filed 12–10–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

47 CFR Part 300 

[Docket Number: 141201999–4999–01] 

RIN 0660–AA28 

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. 

DATES: This regulation is effective on 

December 11, 2014. The incorporation 

by reference of certain publications 

listed in the rule is approved by the 

Director of the Federal Register as of 

December 11, 2014. 

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 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 section § 300.1(b) 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 § 300.1(b) by replacing 

‘‘2013 Edition of the NTIA Manual, 

dated May 2013.’’ with ‘‘2013 Edition of 

the NTIA Manual, as revised through 

May 2014.’’ See Revision to the Manual 

of Regulations and Procedures for 

Federal Radio Frequency Management, 

78 FR 52097, 52097–98 (Aug. 22, 2013) 

(revising the Manual through May 

2013). 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 May 2014. 

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, by calling William Mitchell on 

(202) 482–8124, and available online at 

http://www.ntia.doc.gov/page/2011/

manual-regulations-and-proceduresfederal-radio-frequency-managementredbook. 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/cfr/ibr-locations.html. 

Paperwork Reduction Act 

This action does not contain 

collection of information requirements 

subject to the Paperwork Reduction Act 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations 73487 

(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 notice 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 the Code of 

Federal Regulations, 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: 

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 

2013 edition of the NTIA Manual, as 

revised through May 2014, 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: December 4, 2014. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 2014–28841 Filed 12–10–14; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 203 

RIN 0750–AI48 

Defense Federal Acquisition 

Regulation Supplement: Deletion of 

Certification Requirement Regarding 

Separation of Duties of Senior Leaders 

(DFARS Case 2015–D003) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to delete the requirement for 

DoD departments and agencies to certify 

every two years that no senior leader 

has performed multiple roles in the 

acquisition of a major weapon system or 

major service. 

DATES: Effective December 11, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DFARS 203.170(a) implements a 

Defense Procurement and Acquisition 

Policy (DPAP) memorandum, dated 

September 17, 2008, which has now 

been rescinded because the necessary 

information is incorporated in the 

DFARS and the DFARS companion 

document, ‘‘Procedures, Guidance, and 

Information (PGI).’’ However, 

departments and agencies are no longer 

required to submit every two years to 

DPAP (Contract Policy and International 

Contracting) a certification that no 

senior leader has performed multiple 

roles in source selection for a major 

weapon system or major service 

acquisition. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute that applies to the publication of 

the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it only affects the roles of senior 

leaders within the Department of 

Defense in source selection for a major 

weapon system or major service 

acquisition. These requirements affect 

only the internal operating procedures 

of the Government. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 


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