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)

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.

[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]]

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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.

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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