83 FR 28161 - Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management
DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
National Telecommunications and Information Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28161-28162 | |
| FR Document | 2018-12790 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Rules and Regulations] [Pages 28161-28162] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12790] [[Page 28161]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Telecommunications and Information Administration 47 CFR Part 300 [Docket Number: 180131107-8107-01] RIN 0660-AA35 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 making changes to the regulatory text to comply with the Incorporation by Reference formatting structure. DATES: Effective: June 18, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 18, 2018. 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: Peter Tenhula, Office of Spectrum Management, at (202) 482-9142 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 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 the section by incorporating by reference the 2013 edition of the NTIA Manual, as revised through September 2017 and reformatting the structure of the section to comply with Office of the Federal Register formatting requirements. 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 2017. 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, and online at https://www.ntia.doc.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook. 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 Peter Tenhula on (202) 482-9142. 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 document 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. List of Subjects in 47 CFR Part 300 Communications, Incorporation by reference, Radio. Regulatory Text 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. Revise Sec. 300.1 to read as follows: [[Page 28162]] Sec. 300.1 Incorporation by reference of the Manual of Regulations and Procedures for Federal Radio Frequency Management. (a) The Manual of Regulations and Procedures for Federal Radio Frequency Management (the NTIA Manual) is issued by the Assistant Secretary of Commerce for Communications and Information, and is specifically designed to cover the Assistant Secretary's frequency management responsibilities pursuant to delegated authority under 47 U.S.C. 901 et seq. and Executive Order 12046 (March 27, 1978). Federal agencies must comply with the requirements in the NTIA Manual specified in paragraph (b) of this section. (b) The NTIA Manual is incorporated by reference into this section with approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at National Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087, Washington, DC 20230, Peter Tenhula at (202) 482-9142, and is available from the sources indicated below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material, call 202- 741-6030 or go to www.archives.gov/federal-register/cfr/ibr-locations.html. (1) Commerce Department, National Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Washington, DC 20230.The NTIA Manual is available online at https://www.ntia.doc.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook and from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, by referring to Catalog Number 903-008- 00000-8. (i) Manual of Regulations and Procedures for Federal Radio Frequency Management, 2013 Edition, dated May 2013, as modified by: (A) May 2014 Revisions, approved June 24, 2014; (B) September 2015 Revisions, approved March 11, 2016; and (C) September 2017 Revisions, approved February 5, 2018. (ii) [Reserved] (2) [Reserved] Dated: June 11, 2018. David J. Redl, Assistant Secretary for Communications and Information. [FR Doc. 2018-12790 Filed 6-15-18; 8:45 am] BILLING CODE 3510-60-P
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28161
DEPARTMENT OF COMMERCE agencies are required to follow these Administrative Procedure Act/
policies and procedures in their use of Regulatory Flexibility Act
National Telecommunications and spectrum.
Information Administration NTIA finds good cause under 5 U.S.C.
Part 300 of title 47 of the Code of 553(b)(3)(B) to waive prior notice and
Federal Regulations provides opportunity for public comment as it is
47 CFR Part 300
information about the process by which unnecessary. This action amends the
[Docket Number: 180131107–8107–01] NTIA regularly revises the NTIA regulations to include the date of the
Manual and makes public this most current edition of the NTIA
RIN 0660–AA35
document and all revisions. Federal Manual. These changes do not impact
Revision to the Manual of Regulations agencies are required to comply with the rights or obligations to the public.
and Procedures for Federal Radio the specifications in the NTIA Manual The NTIA Manual applies only to
Frequency Management when requesting frequency assignments. federal agencies. Because these changes
See 47 U.S.C. 901 et seq., Executive impact only federal agencies, NTIA
AGENCY: National Telecommunications Order 12046 (March 27, 1978), 43 FR finds it unnecessary to provide for the
and Information Administration, U.S. 13349, 3 CFR 1978 Comp. at 158. notice and comment requirements of 5
Department of Commerce. U.S.C. 553. NTIA finds good cause
This rule updates § 300.1 of title 47 of
ACTION: Final rule. the Code of Federal Regulations to under 5 U.S.C. 553(d)(3) to waive the
specify the edition of the NTIA Manual 30-day delay in effectiveness for the
SUMMARY: The National reasons provided above. Because notice
with which federal agencies must
Telecommunications and Information and opportunity for comment are not
comply when requesting frequency
Administration (NTIA) is making required pursuant to 5 U.S.C. 553 or any
certain changes to its regulations assignments. In particular, this rule
amends the section by incorporating by other law, the analytical requirements of
relating to the public availability of the the Regulatory Flexibility Act (5 U.S.C.
Manual of Regulations and Procedures reference the 2013 edition of the NTIA
601 et seq.) are not applicable.
for Federal Radio Frequency Manual, as revised through September
Therefore, a regulatory flexibility
Management (NTIA Manual). 2017 and reformatting the structure of
analysis is not required and has not
Specifically, NTIA is releasing an the section to comply with Office of the
been prepared.
update to the current edition of the Federal Register formatting
NTIA Manual, with which federal requirements. Upon the effective date of Congressional Review Act
agencies must comply when requesting this rule, federal agencies must comply
with the requirements set forth in the The NTIA Manual provides for
use of radio frequency spectrum. NTIA policies and procedures for federal
is making changes to the regulatory text 2013 edition of the NTIA Manual, as
revised through September 2017. The agencies’ use of spectrum. The NTIA
to comply with the Incorporation by Manual and the changes thereto do not
Reference formatting structure. NTIA Manual is available from the
Superintendent of Documents, U.S. substantially affect the rights or
DATES: Effective: June 18, 2018. The obligations of the public. As a result,
incorporation by reference of certain Government Printing Office,
this document is not a ‘‘rule’’ as defined
publications listed in the rule is Washington, DC 20402, by referring to
by the Congressional Review Act, 5
approved by the Director of the Federal Catalog Number 903–008–00000–8, and
U.S.C. 804(3)(C).
Register as of June 18, 2018. online at https://www.ntia.doc.gov/
page/2011/manual-regulations-and- Executive Order 13132
ADDRESSES: A reference copy of the
procedures-federal-radio-frequency-
NTIA Manual, including all revisions in This rule does not contain policies
management-redbook. A reference copy
effect, is available in the Office of having federalism implications as that
of the NTIA Manual, including all
Spectrum Management, 1401 term is defined in Executive Order
revisions in effect, is available in the
Constitution Avenue NW, Room 1087, 13132.
Office of Spectrum Management, 1401
Washington, DC 20230.
Constitution Avenue NW, Room 1087, List of Subjects in 47 CFR Part 300
FOR FURTHER INFORMATION CONTACT: Washington, DC 20230, by calling Peter
Peter Tenhula, Office of Spectrum Tenhula on (202) 482–9142. Communications, Incorporation by
Management, at (202) 482–9142 or reference, Radio.
ptenhula@ntia.doc.gov. Paperwork Reduction Act
Regulatory Text
SUPPLEMENTARY INFORMATION:
This action does not contain
Background collection of information requirements For the reasons set forth in the
subject to the Paperwork Reduction Act preamble, NTIA amends 47 CFR part
NTIA authorizes the U.S. 300 as follows:
(PRA). Notwithstanding any other
Government’s use of radio frequency
provision of law, no person is required
spectrum. 47 U.S.C. 902(b)(2)(A). As PART 300—MANUAL OF
part of this authority, NTIA developed to respond to, nor shall any person be REGULATIONS AND PROCEDURES
the NTIA Manual to provide further subject to a penalty for failure to comply FOR FEDERAL RADIO FREQUENCY
guidance to applicable federal agencies with a collection of information subject MANAGEMENT
on the use of the radio frequency to the Paperwork Reduction Act unless
spectrum for radio transmissions for that collection displays a currently valid
■ 1. The authority citation for part 300
amozie on DSK3GDR082PROD with RULES
telecommunications or for other OMB Control Number.
continues to read as follows:
purposes. The NTIA Manual is the Executive Order 12866 Authority: 47 U.S.C. 901 et seq., Executive
compilation of policies and procedures Order 12046 (March 27, 1978), 43 FR 13349,
that govern the use of the radio This rule has been determined to be 3 CFR 1978 Comp., p. 158.
frequency spectrum by the U.S. not significant for purposes of Executive
Government. Federal government Order 12866. ■ 2. Revise § 300.1 to read as follows:
VerDate Sep<11>2014 16:56 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\18JNR1.SGM 18JNR1](https://thefederalregister.org/doc/83_FR_28278/page/1.svg)
![28162 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations
§ 300.1 Incorporation by reference of the DEPARTMENT OF TRANSPORTATION B. Executive Order 12866 (Regulatory
Manual of Regulations and Procedures for Planning and Review), Executive Order
Federal Radio Frequency Management. Pipeline and Hazardous Materials 13563 (Improving Regulation and
(a) The Manual of Regulations and Safety Administration Regulatory Review), Executive Order
Procedures for Federal Radio Frequency 13610 (Identifying and Reducing
Management (the NTIA Manual) is Regulatory Burdens), Executive Order
49 CFR Parts 172, 173, and 180 13771 (Reducing Regulation and
issued by the Assistant Secretary of Controlling Regulatory Costs) and DOT
Commerce for Communications and [Docket No. PHMSA–2013–0225 (HM–218H)]
Regulatory Policies and Procedures
Information, and is specifically RIN 2137–AF27 C. Executive Order 13132
designed to cover the Assistant D. Executive Order 13175
Secretary’s frequency management Hazardous Materials: Miscellaneous E. Regulatory Flexibility Act, Executive
responsibilities pursuant to delegated Amendments; Response to Appeals; Order 13272, and DOT Procedures and
authority under 47 U.S.C. 901 et seq. Corrections Policies
and Executive Order 12046 (March 27, F. Paperwork Reduction Act
1978). Federal agencies must comply AGENCY: Pipeline and Hazardous G. Regulation Identifier Number (RIN)
with the requirements in the NTIA Materials Safety Administration H. Unfunded Mandates Reform Act
(PHMSA), U.S. Department of I. Environmental Assessment
Manual specified in paragraph (b) of J. Privacy Act
this section. Transportation (DOT).
K. International Trade Analysis
(b) The NTIA Manual is incorporated ACTION: Correcting amendments.
by reference into this section with I. Background
approval of the Director of the Federal SUMMARY: PHMSA issues this
rulemaking in response to appeals A. Notice of Proposed Rulemaking
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is submitted to a previously-published On January 23, 2015, PHMSA
available for inspection at National final rule. On June 2, 2016, PHMSA published a notice of proposed
Telecommunications and Information published a final rule that made rulemaking (NPRM) under Docket No.
Administration, Office of Spectrum miscellaneous amendments to the PHMSA–2013–0225 [(HM–218H); 80 FR
Management, 1401 Constitution Avenue Hazardous Materials Regulations. This 3787] that proposed amendments to
NW, Room 1087, Washington, DC final rule specifically responds to update and clarify existing requirements
20230, Peter Tenhula at (202) 482–9142, appeals to extend the effective date of of the Hazardous Materials Regulations
and is available from the sources certain nitric acid packaging and (HMR; 49 CFR parts 171–180). Both the
indicated below. It is also available for emergency response telephone number NPRM and the subsequent final rule—
inspection at the National Archives and amendments as previously adopted. see Section I, Subsection B (‘‘Final
Records Administration (NARA). For This final rule also clarifies Rule’’) of this rulemaking—are part of
information on the availability of this amendments associated with the trigger DOT’s Retrospective Regulatory Review
material, call 202–741–6030 or go to date of the 10-year test period for certain (RRR) process designed to identify
www.archives.gov/federal-register/cfr/ MC 331 cargo tanks in dedicated possible improvements to the
ibr-locations.html. propane service and corrects editorial regulations through the extensive
(1) Commerce Department, National errors. review of both the HMR and previously-
Telecommunications and Information DATES: Effective date: This final rule is issued letters of interpretation. In
Administration, Office of Spectrum effective July 18, 2018. addition, the NPRM proposed regulatory
Management, 1401 Constitution Avenue Voluntary compliance date: June 18, requirements in response to seven (7)
NW, Washington, DC 20230.The NTIA 2018. petitions for rulemaking and two (2)
Manual is available online at https:// Delayed compliance date: Unless National Transportation Safety Board
www.ntia.doc.gov/page/2011/manual- otherwise specified, compliance with (NTSB) Safety Recommendations.
regulations-and-procedures-federal- the amendments adopted in this final
radio-frequency-management-redbook B. Final Rule
rule is required beginning September
and from the Superintendent of On June 2, 2016, PHMSA issued a
17, 2018.
Documents, U.S. Government Printing final rule titled, ‘‘Hazardous Materials:
Office, Washington, DC 20402, by FOR FURTHER INFORMATION CONTACT: Miscellaneous Amendments (RRR),’’
referring to Catalog Number 903–008– Michael Ciccarone, Standards and under Docket No. PHMSA–2013–0225
00000–8. Rulemaking Division, (202) 366–8553, [(HM–218H); 81 FR 35483] that made
(i) Manual of Regulations and Pipeline and Hazardous Materials Safety miscellaneous amendments to the HMR
Procedures for Federal Radio Frequency Administration, U.S. Department of to update and clarify certain regulatory
Management, 2013 Edition, dated May Transportation, 1200 New Jersey requirements. Based on an assessment
2013, as modified by: Avenue SE, Washington, DC 20590– of the proposed changes and the
(A) May 2014 Revisions, approved 0001. comments received, the June 2, 2016
June 24, 2014; SUPPLEMENTARY INFORMATION: final rule covered various topics
(B) September 2015 Revisions, including the following topics
approved March 11, 2016; and Table of Contents addressed in this rule:
(C) September 2017 Revisions, I. Background • Emergency response telephone
approved February 5, 2018. A. Notice of Proposed Rulemaking
(ii) [Reserved] numbers
B. Final Rule • Packaging instructions for certain
(2) [Reserved] II. Appeals to the Final Rule
shipments of nitric acid
amozie on DSK3GDR082PROD with RULES
Dated: June 11, 2018. A. Appellants
B. Discussion of Appeals by Affected
• Test period extension to 10 years for
David J. Redl, certain MC 331 cargo tanks in
Section
Assistant Secretary for Communications and III. Corrections and Amendments dedicated propane delivery service
Information. IV. Regulatory Analyses and Notices • Hazardous Materials Table revisions
[FR Doc. 2018–12790 Filed 6–15–18; 8:45 am] A. Statutory/Legal Authority for This • Pressure relief device testing for cargo
BILLING CODE 3510–60–P Rulemaking tank motor vehicles
VerDate Sep<11>2014 16:56 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\18JNR1.SGM 18JNR1](https://thefederalregister.org/doc/83_FR_28278/page/2.svg)
Document Created: 2018-06-18 15:50:24
Document Modified: 2018-06-18 15:50:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: June 18, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 18, 2018. | |
| Contact | Peter Tenhula, Office of Spectrum Management, at (202) 482-9142 or [email protected] | |
| FR Citation | 83 FR 28161 | |
| RIN Number | 0660-AA35 | |
| CFR Associated | Communications; Incorporation by Reference and Radio |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR