31638 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 

Act. A copy of the Order and FRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

Ordering Clauses 

Accordingly, It is ordered that, 

pursuant to sections 1, 4(i), 4(j), 251, 

and 303(r) of the Communications Act 

of 1934, as amended, 47 U.S.C. 151, 

154(i)–(j), 251, 303(r), this Report and 

Order in WC Docket No. 07–244 and CC 

Docket No. 95–116 is adopted, and that 

Part 52 of the Commission’s Rules, 47 

CFR part 52, Is amended as set forth in 

Appendix B. The Report and Order shall 

become effective August 3, 2009. It is 

further ordered that, pursuant to 

sections 1, 4(i), 4(j), 251, and 303(r) of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i)–(j), 251, 

303(r), and sections 52.11(b) and 

52.25(d) of the Commission’s rules, 47 

CFR 52.11(b), 52.25(d), the North 

American Numbering Council shall 

submit its recommendations to the 

Commission within 90 days of the 

effective date of the Report and Order as 

discussed in paragraph 10 of this Report 

and Order. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order and Further 

Notice of Proposed Rulemaking, 

including the Final Regulatory 

Flexibility Analysis and the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 52 

Communications common carriers, 

Telecommunications, Telephone. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Final Rules 

■ For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends part 52 of Title 47 

of the Code of Federal Regulations as 

follows: 

PART 52—NUMBERING 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: Secs. 1, 2, 4, 5, 48 Stat. 1066, 

as amended; 47 U.S.C. 151, 152, 154 and 155 

unless otherwise noted. Interpret or apply 

secs. 3, 4, 201–205, 207–09, 218, 225–27, 

251–52, 271 and 332, 48 Stat. 1070, as 

amended, 1077; 47 U.S.C. 153, 154, 201–05, 

207–09, 218, 225–27, 251–52, 271 and 332 

unless otherwise noted. 

■ 2. Section 52.21 is amended by adding 

paragraph (w) to read as follows: 

§ 52.21 Definitions. 

* * * * * 

(w) The term 2009 LNP Porting 

Intervals Order refers to In the Matters 

of Local Number Portability Porting 

Interval and Validation Requirements; 

Telephone Number Portability, WC 

Docket No. 07–244, CC Docket No. 95– 

116, Report and Order and Further 

Notice of Proposed Rulemaking, FCC 

09–41 (2009). 

■ 3. Section 52.26 is amended by 

revising paragraphs (a) and (c) to read as 

follows: 

§ 52.26 NANC Recommendations on Local 

Number Portability Administration. 

(a) Local number portability 

administration must comply with the 

recommendations of the North 

American Numbering Council (NANC) 

as set forth in the report to the 

Commission prepared by the NANC’s 

Local Number Portability 

Administration Selection Working 

Group, dated April 25, 1997 (Working 

Group Report) and its appendices, 

which are incorporated by reference 

pursuant to 5 U.S.C. 552(a) and 1 CFR 

part 51. Except that: Section 7.10 of 

Appendix D is not incorporated herein 

and all references to the porting 

intervals for simple wireline and simple 

intermodal port requests in the Working 

Group Report are not incorporated 

herein after § 52.35 becomes effective as 

described in § 52.35(a). 

* * * * * 

(c) 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. Copies of the 

Working Group Report and its 

appendices can be obtained from the 

Commission’s contract copier, Best 

Copy and Printing, Inc. (BCPI), Portals 

II, 445 12th Street, SW, Room CY–B402, 

Washington, DC 20554, (202) 488–5300, 

or via e-mail at fcc@bcpiweb.com, and 

can be inspected during normal 

business hours at the following 

locations: Reference Information Center, 

445 12th Street, SW., Room CY—A257, 

Washington, DC 20554 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/cfr/ibr-locations.html. 

The Working Group Report and its 

appendices are also available on the 

Internet at http://www.fcc.gov/wcb/cpd/ 

Nanc/lnpastuf.html. 

■ 4. Section 52.35 is added to read as 

follows: 

§ 52.35 Porting Intervals. 

(a) Nine months after the NANC 

submits its port provisioning process 

flows to the Commission as provided in 

the 2009 LNP Porting Interval Order, all 

telecommunications carriers required by 

the Commission to port telephone 

numbers must complete a simple 

wireline-to-wireline or simple 

intermodal port request within one 

business day unless a longer period is 

requested by the new provider or by the 

customer. Small providers, as described 

in the 2009 LNP Porting Interval Order, 

must comply with this section 15 

months after the NANC submits its port 

provisioning process flows to the 

Commission as provided in the 2009 

LNP Porting Interval Order. For 

purposes of this section, simple 

intermodal ports include wireline-towireless ports, wireless-to-wireline 

ports, and ports involving 

interconnected Voice over Internet 

Protocol (VoIP) service. 

(b) Unless directed otherwise by the 

Commission, any telecommunications 

carrier granted a waiver by the 

Commission of the one-business day 

porting interval described in paragraph 

(a) of this section must complete a 

simple wireline-to-wireline or simple 

intermodal port request within four 

business days unless a longer period is 

requested by the new provider or by the 

customer. 

(c) For purposes of this section, the 

term ‘‘telecommunications carrier’’ 

includes an interconnected VoIP 

provider as that term is defined in 

§ 52.21(h). 

(d) Once effective as described in 

paragraph (a) of this section supersedes 

any porting interval requirements for 

simple wireline or simple intermodal 

port requests incorporated by reference 

in § 52.26. 

[FR Doc. E9–15132 Filed 7–1–09; 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 

Revision to the Manual of Regulations 

and Procedures for Federal Radio 

Frequency Management 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Rules and Regulations 31639 

ACTION: Final Rule. 

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) 482-8124 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. 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 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/ 

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 

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: 

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. 

■ 2. Paragraph 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 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