Rule2023-04358
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
March 6, 2023
Effective
March 6, 2023
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). NTIA has the authority, delegated by the president, to assign frequencies to radio stations or classes of radio stations belonging to and operated by the United States. NTIA's manual reflects this authority and provides for the coordination of Executive branch agencies' spectrum management and coordination. 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 88 Issue 43 (Monday, March 6, 2023)</title>
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[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13715-13716]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04358]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
[Docket Number 221130-0254]
RIN 0660-AA38
Manual of Regulations and Procedures for Federal Radio Frequency
Management
AGENCY: National Telecommunications and Information Administration
(NTIA), 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). NTIA has the
authority, delegated by the president, to assign frequencies to radio
stations or classes of radio stations belonging to and operated by the
United States. NTIA's manual reflects this authority and provides for
the coordination of Executive branch agencies' spectrum management and
coordination. 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: March 6, 2023. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register as of March 6, 2023.
ADDRESSES: A reference copy of the NTIA Manual, including all revisions
in effect, is available in the Office of
[[Page 13716]]
Spectrum Management, 1401 Constitution Avenue NW, Room 1087,
Washington, DC 20230 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>.
FOR FURTHER INFORMATION CONTACT: Alan Frable, Office of Spectrum
Management, at (202) 482-1670 or <a href="/cdn-cgi/l/email-protection#3657504457545a537658425f5718515940"><span class="__cf_email__" data-cfemail="d5b4b3a7b4b7b9b095bba1bcb4fbb2baa3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background and Incorporation by Reference
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., 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. This rule amends the section by
incorporating by reference the 2022 edition of the NTIA Manual. Upon
the effective date of this rule, Federal agencies must comply with the
requirements set forth in the 2022 edition of the NTIA Manual. The NTIA
Manual is available from the Superintendent of Documents, U.S.
Government Publishing 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.
II. 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.
III. Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
IV. 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 merely 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,
and has no other substantive impact, 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 same 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.
V. Executive Order 13132
This rule does not contain policies having federalism implications
as that term is defined in Executive Order 13132.
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 material listed in this paragraph (b) 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
incorporation by reference (IBR) material is available for inspection
at National Telecommunications and Information Administration (NTIA)
and the National Archives and Records Administration (NARA). Contact
NTIA at: National Telecommunications and Information Administration,
Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087,
Washington, DC 20230, telephone: (202) 482-1670. For information on the
availability of this material, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#e38591cd8a8d90938680978a8c8da38d829182cd848c95"><span class="__cf_email__" data-cfemail="4422366a2d2a37342127302d2b2a042a2536256a232b32">[email protected]</span></a>. The material is
available from: Commerce Department, National Telecommunications and
Information Administration, Office of Spectrum Management, 1401
Constitution Avenue NW, Washington, DC 20230, <a href="http://www.ntia.gov/page/2022/manual-regulations-and-procedures-federal-radio-frequency-management-redbook">www.ntia.gov/page/2022/manual-regulations-and-procedures-federal-radio-frequency-management-redbook</a>; and Superintendent of Documents, U.S. Government Publishing
Office, Washington, DC 20402, <a href="https://bookstore.gpo.gov/">https://bookstore.gpo.gov/</a> (reference
Catalog Number 903-008- 00000-8).
(1) Manual of Regulations and Procedures for Federal Radio
Frequency Management, January 2022 Revisions to the January 2021
Edition, approved November 8, 2022.
(2) [Reserved]
Stephanie Weiner,
Chief Counsel (Acting), Office of Chief Counsel, National
Telecommunications and Information Administration.
[FR Doc. 2023-04358 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-60-P
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</html>Indexed from Federal Register on March 6, 2023.
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