81_FR_35018 81 FR 34913 - Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management

81 FR 34913 - Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management

DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range34913-34914
FR Document2016-12640

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. NTIA is also making changes to the regulatory text to comply with the Incorporation by Reference formatting structure.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34913-34914]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12640]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number: 160523450-6450-01]
RIN 0660-AA32


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. NTIA is also making changes to the regulatory text 
to comply with the Incorporation by Reference formatting structure.

DATES: This regulation is effective on June 1, 2016. The incorporation 
by

[[Page 34914]]

reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of June 1, 2016.

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 [email protected].

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 Sec.  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 Sec.  300.1(b) by replacing ``2013 Edition 
of the NTIA Manual, dated May 2014'' with ``2013 Edition of the NTIA 
Manual, as revised through September 2015.'' See Revision to the Manual 
of Regulations and Procedures for Federal Radio Frequency Management, 
79 FR 73486, 73486-87 (Dec. 11, 2014). (revising the Manual through May 
2014). 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 September 2015.
    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 https://www.ntia.doc.gov/osmhome/redbook/redbook.html.
    This rule also amends the regulatory text in section 300.1(b) of 
title 47 of the Code of Federal Regulations to comply with the 
Incorporation by Reference formatting structure.

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 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 47 CFR 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:  47 U.S.C. 901 et seq., Executive Order 12046 (March 
27, 1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158.


0
2. Amend Sec.  300.1 by revising paragraph (b) and removing paragraph 
(c).
    The revision reads 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 2013 edition of the NTIA Manual, as revised through 
September 2015, 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. 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 https://www.ntia.doc.gov/osmhome/redbook/redbook.html.

    Dated: May 24, 2016.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2016-12640 Filed 5-31-16; 8:45 am]
 BILLING CODE 3510-60-P



                                                                 Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                               34913

                                                     Reporting             Group practice size              Measure type            Reporting mechanism                Satisfactory reporting criteria
                                                      period

                                              12-month (Jan 1–Dec        2–99 EPs;                    Individual PQRS              Qualified Clinical Data    Report at least 9 measures available for re-
                                                31, 2016).               100+ EPs (if CAHPS             measures and/or             Registry (QCDR).            porting under a QCDR covering at least 3
                                                                           for PQRS does not            non-PQRS meas-                                          of the NQS domains, AND report each
                                                                           apply).                      ures reportable via                                     measure for at least 50 percent of the
                                                                                                        a QCDR.                                                 group practice’s patients. Of these meas-
                                                                                                                                                                ures, the group practice would report on at
                                                                                                                                                                least 2 outcome measures, OR, if 2 out-
                                                                                                                                                                comes measures are not available, report
                                                                                                                                                                on at least 1 outcome measures and at
                                                                                                                                                                least 1 of the following types of meas-
                                                                                                                                                                ures—resource use, patient experience of
                                                                                                                                                                care, efficiency/appropriate use, or patient
                                                                                                                                                                safety.
                                              12-month (Jan 1–Dec        2–99 EPs that elect          Individual PQRS              Qualified Clinical Data    The group practice must have all CAHPS for
                                                31, 2016).                 CAHPS for PQRS;              measures and/or             Registry (QCDR) +           PQRS survey measures reported on its
                                                                         100+ EPs (if CAHPS             non-PQRS meas-              CMS-Certified Sur-          behalf via a CMS-certified survey vendor,
                                                                           for PQRS applies).           ures reportable via         vey Vendor.                 and report at least 6 additional measures,
                                                                                                        a QCDR + CAHPS                                          outside of the CAHPS for PQRS survey,
                                                                                                        for PQRS.                                               covering at least 2 of the NQS domains
                                                                                                                                                                using the QCDR AND report each meas-
                                                                                                                                                                ure for at least 50 percent of the group
                                                                                                                                                                practice’s patients. Of these non-CAHPS
                                                                                                                                                                measures, the group practice would report
                                                                                                                                                                on at least 2 outcome measures, OR, if 2
                                                                                                                                                                outcomes measures are not available, re-
                                                                                                                                                                port on at least 1 outcome measures and
                                                                                                                                                                at least 1 of the following types of meas-
                                                                                                                                                                ures—resource use, patient experience of
                                                                                                                                                                care, efficiency/appropriate use, or patient
                                                                                                                                                                safety.



                                              List of Subjects in 42 CFR Part 414                     outcome measures, or, if 3 outcomes                    DEPARTMENT OF COMMERCE
                                                Administrative practices and                          measures are not available, report on at
                                              procedure, Health facilities, Health                    least 2 outcome measures and at least 1                National Telecommunications and
                                              professions, Kidney diseases, Medicare,                 of the following types of measures—                    Information Administration
                                              Reporting and recordkeeping                             resource use, patient experience of care,
                                              requirements.                                           efficiency/appropriate use, or patient                 47 CFR Part 300
                                                Accordingly, 42 CFR chapter IV is                     safety. If a group practice reports the                [Docket Number: 160523450–6450–01]
                                              corrected by making the following                       CAHPS for PQRS survey measures,
                                                                                                                                                             RIN 0660–AA32
                                              correcting amendments to part 414:                      apply reduced criteria as follows: 6
                                                                                                      QCDR measures covering 2 NQS                           Revision to the Manual of Regulations
                                              PART 414—PAYMENT FOR PART B                             domains; and, of the non-CAHPS for                     and Procedures for Federal Radio
                                              MEDICAL AND OTHER HEALTH                                PQRS measures, 2 outcome measures or                   Frequency Management
                                              SERVICES                                                1 outcome and 1 other specified type of
                                                                                                      measure, as applicable.                                AGENCY:  National Telecommunications
                                              ■ 1. The authority citation for part 414                                                                       and Information Administration, U.S.
                                              continues to read as follows:                           *     *      *    *     *                              Department of Commerce.
                                                Authority: Secs. 1102, 1871, and 1881(b)(l)             Dated: May 25, 2016.                                 ACTION: Final rule.
                                              of the Social Security Act (42 U.S.C. 1302,             Madhura Valverde,
                                              1395hh, and 1395rr(b)(l)).                                                                                     SUMMARY:   The National
                                                                                                      Executive Secretary to the Department.                 Telecommunications and Information
                                              ■ 2. Section 414.90 is amended by                       [FR Doc. 2016–12841 Filed 5–31–16; 8:45 am]            Administration (NTIA) is making
                                              revising paragraph (k)(5)(i) to read as                 BILLING CODE 4120–01–P                                 certain changes to its regulations
                                              follows:                                                                                                       relating to the public availability of the
                                              § 414.90 Physician Quality Reporting                                                                           Manual of Regulations and Procedures
                                              System (PQRS).                                                                                                 for Federal Radio Frequency
                                              *      *     *    *     *                                                                                      Management (NTIA Manual).
                                                (k) * * *                                                                                                    Specifically, NTIA is releasing an
                                                (5) * * *                                                                                                    update to the current edition of the
                                                (i) If a group practice does not report                                                                      NTIA Manual, with which federal
sradovich on DSK3TPTVN1PROD with RULES




                                              the CAHPS for PQRS survey measures,                                                                            agencies must comply when requesting
                                              report at least 9 measures available for                                                                       use of radio frequency spectrum. NTIA
                                              reporting under a QCDR covering at                                                                             is also making changes to the regulatory
                                              least 3 of the NQS domains, and report                                                                         text to comply with the Incorporation by
                                              each measure for at least 50 percent of                                                                        Reference formatting structure.
                                              the eligible professional’s patients. Of                                                                       DATES: This regulation is effective on
                                              these measures, report on at least 3                                                                           June 1, 2016. The incorporation by


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                                              34914             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                              reference of certain publications listed                Government Printing Office,                           substantially affect the rights or
                                              in the rule is approved by the Director                 Washington, DC 20402, by referring to                 obligations of the public. As a result,
                                              of the Federal Register as of June 1,                   Catalog Number 903–008–00000–8. A                     this notice is not a ‘‘rule’’ as defined by
                                              2016.                                                   reference copy of the NTIA Manual,                    the Congressional Review Act, 5 U.S.C.
                                              ADDRESSES: A reference copy of the                      including all revisions in effect, is                 804(3)(C).
                                              NTIA Manual, including all revisions in                 available in the Office of Spectrum
                                                                                                                                                            Executive Order 13132
                                              effect, is available in the Office of                   Management, 1401 Constitution Avenue
                                                                                                      NW., Room 1087, Washington, DC                          This rule does not contain policies
                                              Spectrum Management, 1401
                                                                                                      20230, by calling William Mitchell on                 having federalism implications as that
                                              Constitution Avenue NW., Room 1087,
                                                                                                      (202) 482–8124, and available online at               term is defined in Executive Order
                                              Washington, DC 20230.
                                                                                                      https://www.ntia.doc.gov/osmhome/                     13132.
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      redbook/redbook.html.                                 Regulatory Text
                                              William Mitchell, Office of Spectrum
                                                                                                        This rule also amends the regulatory
                                              Management, at (202) 482–8124 or                                                                              List of Subjects in 47 CFR Part 300
                                                                                                      text in section 300.1(b) of title 47 of the
                                              wmitchell@ntia.doc.gov.
                                                                                                      Code of Federal Regulations to comply                   Communications, Incorporation by
                                              SUPPLEMENTARY INFORMATION:                              with the Incorporation by Reference                   reference, Radio.
                                              Background                                              formatting structure.                                   For the reasons set forth in the
                                                 NTIA authorizes the U.S.                             Paperwork Reduction Act                               preamble, NTIA amends 47 CFR part
                                              Government’s use of radio frequency                                                                           300 as follows:
                                                                                                        This action does not contain
                                              spectrum. 47 U.S.C. 902(b)(2)(A). As                    collection of information requirements
                                              part of this authority, NTIA developed                                                                        PART 300—MANUAL OF
                                                                                                      subject to the Paperwork Reduction Act                REGULATIONS AND PROCEDURES
                                              the NTIA Manual to provide further                      (PRA). Notwithstanding any other
                                              guidance to applicable federal agencies                                                                       FOR FEDERAL RADIO FREQUENCY
                                                                                                      provision of law, no person is required               MANAGEMENT
                                              on the use of the radio frequency                       to respond to, nor shall any person be
                                              spectrum for radio transmissions for                    subject to a penalty for failure to comply            ■ 1. The authority citation for part 300
                                              telecommunications or for other                         with a collection of information subject              continues to read as follows:
                                              purposes. The NTIA Manual is the                        to the Paperwork Reduction Act unless                   Authority: 47 U.S.C. 901 et seq., Executive
                                              compilation of policies and procedures                  that collection displays a currently valid            Order 12046 (March 27, 1978), 43 FR 13349,
                                              that govern the use of the radio                        OMB Control Number.                                   3 CFR 1978 Comp., p. 158.
                                              frequency spectrum by the U.S.
                                              Government. Federal government                          Executive Order 12866                                 ■ 2. Amend § 300.1 by revising
                                              agencies are required to follow these                     This rule has been determined to be                 paragraph (b) and removing paragraph
                                              policies and procedures in their use of                 not significant for purposes of Executive             (c).
                                              spectrum.                                               Order 12866.                                             The revision reads as follows:
                                                 Part 300 of title 47 of the Code of                                                                        § 300.1 Incorporation by reference of the
                                              Federal Regulations provides                            Administrative Procedure Act/
                                                                                                      Regulatory Flexibility Act                            Manual of Regulations and Procedures for
                                              information about the process by which                                                                        Federal Radio Frequency Management.
                                              NTIA regularly revises the NTIA                            NTIA finds good cause under 5 U.S.C.               *      *    *    *     *
                                              Manual and makes public this                            553(b)(3)(B) to waive prior notice and                   (b) The Federal agencies shall comply
                                              document and all revisions. Federal                     opportunity for public comment as it is               with the requirements set forth in the
                                              agencies are required to comply with                    unnecessary. This action amends the                   2013 edition of the NTIA Manual, as
                                              the specifications in the NTIA Manual                   regulations to include the date of the                revised through September 2015, which
                                              when requesting frequency assignments.                  most current edition of the NTIA                      is incorporated by reference with
                                              See 47 U.S.C. 901 et seq., Executive                    Manual. These changes do not impact                   approval of the Director, Office of the
                                              Order 12046 (March 27, 1978), 43 FR                     the rights or obligations to the public.              Federal Register in accordance with 5
                                              13349, 3 CFR 1978 Comp. at 158.                         The NTIA Manual applies only to                       U.S.C. 552(a) and 1 CFR part 51. The
                                                 This rule updates § 300.1(b) of title 47             federal agencies. Because these changes               NTIA Manual is available from the
                                              of the Code of Federal Regulations to                   impact only federal agencies, NTIA                    Superintendent of Documents, U.S.
                                              specify the edition of the NTIA Manual                  finds it unnecessary to provide for the               Government Printing Office,
                                              with which federal agencies must                        notice and comment requirements of 5                  Washington, DC 20402, by referring to
                                              comply when requesting frequency                        U.S.C. 553. NTIA finds good cause                     Catalog Number 903–008–00000–8. A
                                              assignments. In particular, this rule                   under 5 U.S.C. 553(d)(3) to waive the                 reference copy of the NTIA Manual,
                                              amends § 300.1(b) by replacing ‘‘2013                   30-day delay in effectiveness for the                 including all revision in effect, is
                                              Edition of the NTIA Manual, dated May                   reasons provided above. Because notice                available in the Office of Spectrum
                                              2014’’ with ‘‘2013 Edition of the NTIA                  and opportunity for comment are not                   Management, 1401 Constitution Avenue
                                              Manual, as revised through September                    required pursuant to 5 U.S.C. 553 or any              NW., Room 1087, Washington, DC
                                              2015.’’ See Revision to the Manual of                   other law, the analytical requirements of             20230, or call William Mitchell at (202)
                                              Regulations and Procedures for Federal                  the Regulatory Flexibility Act (5 U.S.C.              482–8124. The NTIA Manual is
                                              Radio Frequency Management, 79 FR                       601 et seq.) are not applicable.                      available online at https://
                                              73486, 73486–87 (Dec. 11, 2014).                        Therefore, a regulatory flexibility                   www.ntia.doc.gov/osmhome/redbook/
                                              (revising the Manual through May                        analysis is not required and has not                  redbook.html.
sradovich on DSK3TPTVN1PROD with RULES




                                              2014). Upon the effective date of this                  been prepared.
                                              rule, federal agencies must comply with                                                                         Dated: May 24, 2016.
                                              the requirements set forth in the 2013                  Congressional Review Act                              Lawrence E. Strickling,
                                              edition of the NTIA Manual, as revised                    The NTIA Manual provides for                        Assistant Secretary for Communications and
                                              through September 2015.                                 policies and procedures for federal                   Information.
                                                 The NTIA Manual is available from                    agencies’ use of spectrum. The NTIA                   [FR Doc. 2016–12640 Filed 5–31–16; 8:45 am]
                                              the Superintendent of Documents, U.S.                   Manual and the changes thereto do not                 BILLING CODE 3510–60–P




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Document Created: 2018-02-08 07:27:39
Document Modified: 2018-02-08 07:27:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective on June 1, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 1, 2016.
ContactWilliam Mitchell, Office of Spectrum Management, at (202) 482-8124 or [email protected]
FR Citation81 FR 34913 
RIN Number0660-AA32
CFR AssociatedCommunications; Incorporation by Reference and Radio

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