Rule2025-14702
Delete, Delete, Delete; Delegations of Authority
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
August 4, 2025
Effective
August 4, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission modifies its delegation of authority rules to provide clarity and uniformity regarding the use of delegated authority to adopt rule changes that are exempt from prior notice and comment under the Administrative Procedure Act.
Full Text
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<title>Federal Register, Volume 90 Issue 147 (Monday, August 4, 2025)</title>
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[Federal Register Volume 90, Number 147 (Monday, August 4, 2025)]
[Rules and Regulations]
[Pages 36383-36385]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14702]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 0
[GN Docket No. 25-133; FCC 25-40; FR ID 306252]
Delete, Delete, Delete; Delegations of Authority
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
modifies its delegation of authority rules to provide clarity and
uniformity regarding the use of delegated authority to adopt rule
changes that are exempt from prior notice and comment under the
Administrative Procedure Act.
DATES: This rule is effective August 4, 2025.
FOR FURTHER INFORMATION CONTACT: Marcus Maher, Federal Communications
Commission, Office of General Counsel. Email: <a href="/cdn-cgi/l/email-protection#d499b5a6b7a1a7fa99b5bcb1a694b2b7b7fab3bba2"><span class="__cf_email__" data-cfemail="9fd2feedfceaecb1d2fef7faeddff9fcfcb1f8f0e9">[email protected]</span></a>;
telephone: (202) 418-2339.
SUPPLEMENTARY INFORMATION: This is a summary of the final rule portions
of the Commission's Direct Final Rule, GN Docket No. 25-133; FCC 25-40,
adopted on July 24, 2025, and released on July 28, 2025. The full text
of this document is available for public inspection and can be
downloaded at <a href="https://www.fcc.gov/document/fcc-deletes-obsolete-telegraph-rabbit-ear-receiver-phone-booth-rules-0">https://www.fcc.gov/document/fcc-deletes-obsolete-telegraph-rabbit-ear-receiver-phone-booth-rules-0</a>. Alternative formats
are available for people with disabilities (Braille, large print,
electronic files, audio format) by sending an email to <a href="/cdn-cgi/l/email-protection#f5939696c0c5c1b5939696db929a83"><span class="__cf_email__" data-cfemail="5a3c39396f6a6e1a3c3939743d352c">[email protected]</span></a>
or calling the Commission's Consumer and Governmental Affairs Bureau at
(202) 418-0530 (voice), (202) 418-0432 (TTY).
Procedural Matters
Paperwork Reduction Act. This document does not contain new or
modified information collections subject to the Paperwork Reduction Act
of 1995 (PRA), 44 U.S.C. 3501-3521. In addition, therefore, it does not
contain any new or modified information collection burden for small
business concerns with fewer than 25 employees, pursuant to the Small
Business Paperwork Relief Act of 2002, 44 U.S.C. 3506(c)(4).
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of this Direct Final Rule to Congress and
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Synopsis
While we intend to use direct final rule procedures at the full
Commission level, in recognition of past actions on delegated authority
to adopt or repeal some rules without notice and comment, we take this
opportunity to reaffirm that all Bureaus and Offices may continue to
take such actions in situations that are exempt from the Administrative
Procedure Act's (APA's) notice-and-comment requirements, consistent
with such actions by Bureaus and Offices historically. To ensure
uniformity in this regard and to address what, by historical
happenstance, has resulted in varied formulations throughout our rules,
we take this opportunity to standardize the delegated authority of
Bureaus and Offices to act without notice and comment on matters that
fall within the APA's good cause exception and otherwise do not involve
new or novel issues. While rule changes adopted via direct final rule
procedures are premised on the APA's good cause exception from notice
and comment, our action clarifying and unifying the wording of
delegations of authority to Bureaus and Offices also relies on a
distinct exception from notice and comment under the APA--namely, the
notice and comment exception for rules of ``agency organization,
procedure, or practice.'' Delegation of authority to Bureaus and
Offices bears simply on who within the agency will be acting, and not
on issues of substance--thus fitting comfortably within the APA's
notice and comment exception for rules of ``agency organization,
procedure, or practice.'' In clarifying and affirming the delegated
authority as historically used by Bureaus and Offices to adopt rule
changes exempt from prior notice and comment under the APA, we find
nothing that would cause the delegations at issue here to constitute
substantive rules.
Ordering Clauses
It is ordered that the amendments of the Commission's rules as set
forth in this document shall be effective upon Federal Register
publication of the specified amendments to the part 0 rules, which also
shall serve as the date of public notice of that action. Because
changes to our rules governing delegations of authority involve agency
organization, procedure, or practice rather than ``a substantive
rule,'' they are not subject to the default requirement that they take
effect on or after 30 days after Federal Register publication.
It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of this Direct Final
Rule in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 0
Authority delegations (Government agencies); Organization and
functions (Government agencies).
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends part 0 of Title 47 of the Code of
Federal Regulations as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 409, and
1754, unless otherwise noted.
Subpart B--Delegations of Authority
0
2. Amend Sec. 0.231 by adding paragraph (m) to read as follows:
Sec. 0.231 Authority delegated.
* * * * *
(m) Notwithstanding any other provision of this section, the
Managing Director is delegated authority to adopt changes to rules the
Office of Managing Director administers where the rule
[[Page 36384]]
changes are exempt from prior notice and comment under the
Administrative Procedure Act, 5 U.S.C. 553(b), and where the action on
delegated authority is not new or novel.
0
3. Amend Sec. 0.241 by adding paragraph (n) to read as follows:
Sec. 0.241 Authority delegated.
* * * * *
(n) Notwithstanding any other provision of this section, the Chief
of the Office of Engineering and Technology is delegated authority to
adopt changes to rules the Office of Engineering and Technology
administers where the rule changes are exempt from prior notice and
comment under the Administrative Procedure Act, 5 U.S.C. 553(b), and
where the action on delegated authority is not new or novel.
0
4. Amend Sec. 0.251 by adding paragraph (k) to read as follows:
Sec. 0.251 Authority delegated.
* * * * *
(k) Notwithstanding any other provision of this section, the
General Counsel is delegated authority to adopt changes to rules the
Office of General Counsel administers where the rule changes are exempt
from prior notice and comment under the Administrative Procedure Act, 5
U.S.C. 553(b), and where the action on delegated authority is not new
or novel.
0
5. Amend Sec. 0.261 by adding paragraph (c) to read as follows:
Sec. 0.261 Authority delegated.
* * * * *
(c) Notwithstanding any other provision of this section, the Chief
of the Space Bureau is delegated authority to adopt changes to rules
the Space Bureau administers where the rule changes are exempt from
prior notice and comment under the Administrative Procedure Act, 5
U.S.C. 553(b), and where the action on delegated authority is not new
or novel.
0
6. Amend Sec. 0.271 by adding paragraph (j) to read as follows:
Sec. 0.271 Authority delegated.
* * * * *
(j) Notwithstanding any other provision of this section, the Chief
of the Office of Economics and Analytics is delegated authority to
adopt changes to rules the Office of Economics and Analytics
administers where the rule changes are exempt from prior notice and
comment under the Administrative Procedure Act, 5 U.S.C. 553(b), and
where the action on delegated authority is not new or novel.
0
7. Amend Sec. 0.283 by adding paragraph (e) to read as follows:
Sec. 0.283 Authority delegated.
* * * * *
(e) Notwithstanding any other provision of this section, the Chief
of the Media Bureau is delegated authority to adopt changes to rules
the Media Bureau administers where the rule changes are exempt from
prior notice and comment under the Administrative Procedure Act, 5
U.S.C. 553(b), and where the action on delegated authority is not new
or novel.
0
8. Amend Sec. 0.291 by adding paragraph (j) to read as follows:
Sec. 0.291 Authority delegated.
* * * * *
(j) Notwithstanding any other provision of this section, the Chief
of the Wireline Competition Bureau is delegated authority to adopt
changes to rules the Wireline Competition Bureau administers where the
rule changes are exempt from prior notice and comment under the
Administrative Procedure Act, 5 U.S.C. 553(b), and where the action on
delegated authority is not new or novel.
0
9. Amend Sec. 0.311 by adding paragraph (c) to read as follows:
Sec. 0.311 Authority delegated.
* * * * *
(c) Notwithstanding any other provision of this section, the Chief
of the Enforcement Bureau is delegated authority to adopt changes to
rules the Enforcement Bureau administers where the rule changes are
exempt from prior notice and comment under the Administrative Procedure
Act, 5 U.S.C. 553(b), and where the action on delegated authority is
not new or novel.
0
10. Amend Sec. 0.331 by adding paragraph (k) to read as follows:
Sec. 0.331 Authority delegated.
* * * * *
(k) Notwithstanding any other provision of this section, the Chief
of the Wireless Telecommunications Bureau is delegated authority to
adopt changes to rules the Wireless Telecommunications Bureau
administers where the rule changes are exempt from prior notice and
comment under the Administrative Procedure Act, 5 U.S.C. 553(b), and
where the action on delegated authority is not new or novel.
0
11. Add an undesignated center heading below Sec. 0.347 to read as
follows:
Office of International Affairs
0
12. Amend Sec. 0.351 by adding paragraph (c) to read as follows:
Sec. 0.351 Authority delegated.
* * * * *
(c) Notwithstanding any other provision of this section, the Chief
of the Office of International Affairs is delegated authority to adopt
changes to rules the Office of International Affairs administers where
the rule changes are exempt from prior notice and comment under the
Administrative Procedure Act, 5 U.S.C. 553(b), and where the action on
delegated authority is not new or novel.
0
13. Amend Sec. 0.361 by adding paragraph (d) to read as follows:
Sec. 0.361 Authority delegated.
* * * * *
(d) Notwithstanding any other provision of this section, the Chief
of the Consumer and Governmental Affairs Bureau is delegated authority
to adopt changes to rules the Consumer and Governmental Affairs Bureau
administers where the rule changes are exempt from prior notice and
comment under the Administrative Procedure Act, 5 U.S.C. 553(b), and
where the action on delegated authority is not new or novel.
0
14. Amend Sec. 0.371 by adding paragraph (i) to read as follows:
Sec. 0.371 Authority delegated.
* * * * *
(i) Notwithstanding any other provision of this section, the
Director of the Office of Communications Business Opportunities is
delegated authority to adopt changes to rules the Office of
Communications Business Opportunities administers where the rule
changes are exempt from prior notice and comment under the
Administrative Procedure Act, 5 U.S.C. 553(b), and where the action on
delegated authority is not new or novel.
0
15. Amend Sec. 0.391 by adding paragraph (j) to read as follows:
Sec. 0.391 Authority delegated.
* * * * *
(j) Notwithstanding any other provision of this section, the
Director of the Office of Workplace Diversity is delegated authority to
adopt changes to rules the Office of Workplace Diversity administers
where the rule changes are exempt from prior notice and comment under
the Administrative Procedure Act, 5 U.S.C. 553(b), and where the action
on delegated authority is not new or novel.
[[Page 36385]]
0
16. Amend Sec. 0.392 by adding paragraph (l) to read as follows:
Sec. 0.392 Authority delegated.
* * * * *
(l) Notwithstanding any other provision of this section, the Chief
of the Public Safety and Homeland Security Bureau is delegated
authority to adopt changes to rules the Public Safety and Homeland
Security Bureau administers where the rule changes are exempt from
prior notice and comment under the Administrative Procedure Act, 5
U.S.C. 553(b), and where the action on delegated authority is not new
or novel.
[FR Doc. 2025-14702 Filed 8-1-25; 8:45 am]
BILLING CODE 6712-01-P
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