Rule2022-00927
Manual of Regulations and Procedures for Federal Radio Frequency Management
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 19, 2022
Effective
January 19, 2022
Issuing agencies
Commerce DepartmentNational Telecommunications and Information Administration
Abstract
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 a new edition of the NTIA Manual, with which Federal agencies must comply when requesting use of radio frequency spectrum.
Full Text
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<title>Federal Register, Volume 87 Issue 12 (Wednesday, January 19, 2022)</title>
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[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2729-2730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00927]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
[Docket Number: 220112-0011]
RIN 0660-AA37
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 a new edition of the NTIA Manual, with which Federal agencies
must comply when requesting use of radio frequency spectrum.
DATES: Effective: January 19, 2022. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of February 18, 2022.
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: Alan Frable, Office of Spectrum
Management, at (202) 482-1670 or <a href="/cdn-cgi/l/email-protection#6203041003000e07220c160b034c050d14"><span class="__cf_email__" data-cfemail="5736312536353b321739233e3679303821">[email protected]</span></a>.
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
[[Page 2730]]
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., p. 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 2021 edition of the NTIA Manual. Upon the effective date of this
rule, Federal agencies must comply with the requirements set forth in
the 2021 edition of the NTIA Manual.
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 <a href="https://www.ntia.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook">https://www.ntia.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook</a>. 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 Alan Frable on (202) 482-1670.
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 Office of Management and Budget
(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.
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. Revise Sec. 300.1(b) to read as follows:
Sec. 300.1 Incorporation by reference of the Manual of Regulations
and Procedures for Federal Radio Frequency Management.
* * * * *
(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, telephone: (202) 482-1670, and is
available from the sources indicated in this paragraph (b). It is also
available for inspection at the National Archives and Records
Administration (NARA). For information on the availability of this
material, email <a href="/cdn-cgi/l/email-protection#deb8acf0b7b0adaebbbdaab7b1b09eb0bfacbff0b9b1a8"><span class="__cf_email__" data-cfemail="3553471b5c5b46455056415c5a5b755b5447541b525a43">[email protected]</span></a> or go to <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
(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 <a href="https://www.ntia.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook">https://www.ntia.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook</a> 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, 2021 Edition, dated January 2021.
(ii) [Reserved]
(2) [Reserved]
Dated: January 13, 2022.
Evelyn Remaley Hasch,
Associate Administrator, Office of Policy Analysis and Development,
Performing the Non-Exclusive Duties and Functions of the Assistant
Secretary of Commerce for Communications and Information, National
Telecommunications and Information Administration.
[FR Doc. 2022-00927 Filed 1-18-22; 8:45 am]
BILLING CODE 3510-60-P
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