[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Rules and Regulations]
[Pages 31638-31639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15670]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number: 090225246[hyphen]9247[hyphen]01]
RIN 0660[hyphen]AA20


Revision to the Manual of Regulations and Procedures for Federal 
Radio Frequency Management

AGENCY: National Telecommunications and Information Administration, 
U.S. Department of Commerce.

[[Page 31639]]


ACTION: Final Rule.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) hereby makes certain changes to its regulations which relate to 
revisions to and the public availability of the Manual of Regulations 
and Procedures for Federal Radio Frequency Management (NTIA Manual). 
Specifically, the 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.

EFFECTIVE DATE: This regulation is effective on July 2, 2009. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of July 2, 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[hyphen]8124 or <a href="/cdn-cgi/l/email-protection#50273d39243338353c3c103e2439317e343f337e373f26"><span class="__cf_email__" data-cfemail="03746e6a77606b666f6f436d776a622d676c602d646c75">[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. 
Federal agencies are required to comply with the specification in the 
NTIA Manual according to 47 U.S.C. Sec.  901 et seq., Executive Order 
12046 (March 27, 1978), 43 FR 13,349, 3 CFR 1978 Comp., p. 158, when 
requesting frequency assignments for use of the radio frequency 
spectrum.
    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 ``September 2008'' 
with ``January 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 January 2009.
    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 
revisions 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.

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. Sec.  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. Sec.  553.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. Sec.  553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. Sec.  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.

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 for part 300 continues to read as follows:

    Authority: 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. Paragraph 300.1(b) is revised 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 January 2009, 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: June 26, 2009.
Anna M. Gomez,
Acting Assistant Secretary for Communications and Information.
[FR Doc. E9-15670 Filed 7-1-09; 8:45 am]
BILLING CODE 3510-60-S


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