Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management, 6818-6819 [2010-2968]

Download as PDF 6818 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations appropriations act, and the implementing LSC regulations which are applicable to a recipient’s non-LSC funds. Subsection (b)(9) is the provision that references the attorneys’ fees restriction (504(a)(13) and part 1642) and is now obsolete. Request for Comments LSC is implementing these changes as an Interim Final Rule with a Request for Comments. LSC believes this action is authorized and appropriate because LSC is removing (and not imposing any additional) prohibitions or requirements on recipients and is doing so in response to a specific statutory change removing a similar prohibition. LSC believes that this course of action will provide necessary clarity to recipients and will permit recipients and their clients to benefit from the statutory and regulatory changes at the earliest possible date. However, LSC is seeking comment on the changes being made herein and anticipates issuing a Final Rule discussing any comments. Interested parties may submit comments as provided herein. Comments are due to LSC no later than March 15, 2010. List of Subjects 45 CFR Parts 1609 and 1610 Grant programs—Law, Legal services. 45 CFR Part 1642 Grant programs—Law, Lawyers, Legal services. ■ For reasons set forth above, and under the authority of 42 U.S.C. 2996g(e), LSC hereby amends 45 CFR chapter XVI as follows: PART 1609—FEE-GENERATING CASES 1. The authority citation for part 1609 continues to read as follows: Authority: 42 U.S.C. 2996f(b)(1) and 2996e(c)(6). AGENCY: National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Final Rule. § 1609.5 Acceptance of reimbursement from a client. (a) When a case results in recovery of damages or statutory benefits, a recipient may accept reimbursement from the client for out-of-pocket costs and expenses incurred in connection with the case, if the client has agreed in writing to reimburse the recipient for such costs and expenses out of any such recovery. (b) A recipient may require a client to pay court costs when the client does not qualify to proceed in forma pauperis under the rules of the jurisdiction. PART 1610—USE OF NON-LSC FUNDS, TRANSFERS OF LSC FUNDS, PROGRAM INTEGRITY 6. The authority citation for part 1610 is revised to read as follows: ■ Authority: 42 U.S.C. 2996i; Pub. L. 104– 208, 110 Stat. 3009; Pub. L. 104–134, 110 Stat. 1321; Pub. L. 111–117; 123 Stat. 3034. [Amended] 7. Section 1610.2 is amended by removing paragraph (b)(9) and redesignating paragraphs (b)(10) through (b)(14) as paragraphs (b)(9) through (b)(13) respectively. ■ PART 1642—[REMOVED AND RESERVED] [Redesignated as § 1609.6] ■ 3. Section 1609.4 is redesignated as § 1609.6. ■ 4. A new § 1609.4 is added to read as follows: ■ cprice-sewell on DSK2BSOYB1PROD with RULES 5. A new § 1609.5 is added to read as follows: ■ [Amended] 2. Paragraph (c) of § 1609.3, is removed. ■ § 1609.4 DEPARTMENT OF COMMERCE § 1610.2 ■ § 1609.3 that the amount of Corporation funds expended bears to the total amount expended by the recipient to support the representation. (b) Attorneys’ fees received shall be recorded during the accounting period in which the money from the fee award is actually received by the recipient and may be expended for any purpose permitted by the LSC Act, regulations and other law applicable at the time the money is received. 8. Part 1642 is removed and reserved. Victor M. Fortuno, Interim President. [FR Doc. 2010–2895 Filed 2–10–10; 8:45 am] BILLING CODE 7050–01–P § 1609.4 Accounting for and use of attorneys’ fees. (a) Attorneys’ fees received by a recipient for representation supported in whole or in part with funds provided by the Corporation shall be allocated to the fund in which the recipient’s LSC grant is recorded in the same proportion VerDate Nov<24>2008 09:10 Feb 10, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 National Telecommunications and Information Administration 47 CFR Part 300 [Docket Number 100125044–0044–01] RIN 0660–AA10 Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management SUMMARY: The National Telecommunications and Information Administration (NTIA) hereby makes certain changes to its regulations, which relate to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency Management (NTIA Manual). Specifically, the NTIA updates the version of the Manual of Regulations and Procedures for Federal Radio Frequency Management with which Federal agencies must comply when requesting use of the radio frequency spectrum. EFFECTIVE DATE: This regulation is effective on February 11, 2010. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of February 11, 2010. 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: William Mitchell, Office of Spectrum Management at (202) 482–8124 or wmitchell@ntia.doc.gov. SUPPLEMENTARY INFORMATION: Background NTIA authorizes the U.S. Government’s use of the 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. 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 the spectrum. Part 300 of title 47 of the Code of Federal Regulations provides E:\FR\FM\11FER1.SGM 11FER1 Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations 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 according to 47 U.S.C. § 901 et seq., Executive Order 12046 (March 27, 1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158, when requesting frequency assignments for use of the radio frequency spectrum. This rule updates section 300.1(b) to specify the version of the NTIA Manual with which Federal agencies must comply when requesting frequency assignments for use of the radio frequency spectrum. In particular, section 300.1(b) amends the regulations by replacing ‘‘September 2008’’ with ‘‘September 2009.’’ Upon the effective date of this rule, Federal agencies must comply with the requirements set forth in the January 2008 edition of the NTIA Manual, as revised through September 2009. The NTIA Manual is scheduled for revision in January, May, and September of each year and is submitted to the Director of the Federal Register for Incorporation by Reference approval. The Director of the Federal Register approved this incorporation by reference in accordance with 5 U.S.C. § 552(a) and 1 CFR part 51. 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. 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, or call William Mitchell at (202) 482–8124, and available online at https://www.ntia.doc.gov/osmhome/ redbook/redbook.html. The NTIA Manual is also on file at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https:// www.archives.gov/federallregister/ codeloflfederallregulations/ ibrllocations.html. cprice-sewell on DSK2BSOYB1PROD with RULES 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 PRA, unless that collection VerDate Nov<24>2008 09:10 Feb 10, 2010 Jkt 220001 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 version of the NTIA Manual. These changes do not impact the rights or obligations of 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. 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. Executive Order 13132 This rule does not contain policies having federalism implications as that term is defined in EO 13132. Regulatory Text List of Subjects in 47 CFR Part 300 Incorporation by reference; Radio. ■ For the reasons set forth in the preamble, NTIA amends title 47, Part 300 as follows: PART 300—MANUAL OF REGULATIONS AND PROCEDURES FOR FEDERAL RADIO FREQUENCY MANAGEMENT 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. 2. Paragraph 300.1 (b) is revised to read as follows: ■ § 300.1 Incorporation by reference of the Manual of Regulations and Procedures for Federal Radio Frequency Management. * * * * * (b) The Federal agencies shall comply with the requirements set forth in the January 2008 edition of the NTIA Manual, as revised through September 2009, which is incorporated by reference with approval of the Director, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 6819 Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. * * * * * Dated: February 4, 2010. Anna M. Gomez, Deputy Assistant Secretary for Communications and Information. [FR Doc. 2010–2968 Filed 2–10–10; 8:45 am] BILLING CODE 3510–60–S DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 217 [DFARS Case 2008–D005] RIN 0750–AG24 Defense Federal Acquisition Regulation Supplement; Limitation on Procurements on Behalf of DoD AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. SUMMARY: DoD is adopting as final, with changes, the interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address statutory provisions relating to interagency procurements on behalf of DoD. The final rule adds new policy at to address Section 801(b) requirements and expands existing DFARS definitions. Effective Date: March 15, 2010. Ms. Meredith Murphy, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, Washington, DC 20301–3060, Telephone 703–602–1302; facsimile 703–602–0350, Please cite DFARS Case 2008–D005. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: A. Background Section 854 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108–375) prescribes policy for the acquisition of supplies and services through the use of contracts or orders issued by non-DoD agencies. Section 801(b)(1), at paragraphs (A) and (C), of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181) authorizes a DoD acquisition official to procure property and services in excess of the simplified acquisition threshold through civilian agencies only if— E:\FR\FM\11FER1.SGM 11FER1

Agencies

[Federal Register Volume 75, Number 28 (Thursday, February 11, 2010)]
[Rules and Regulations]
[Pages 6818-6819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2968]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number 100125044-0044-01]
RIN 0660-AA10


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) hereby makes certain changes to its regulations, which relate to 
the public availability of the Manual of Regulations and Procedures for 
Federal Radio Frequency Management (NTIA Manual). Specifically, the 
NTIA updates the version of the Manual of Regulations and Procedures 
for Federal Radio Frequency Management with which Federal agencies must 
comply when requesting use of the radio frequency spectrum.

EFFECTIVE DATE: This regulation is effective on February 11, 2010. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of February 11, 
2010.

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: William Mitchell, Office of Spectrum 
Management at (202) 482-8124 or wmitchell@ntia.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    NTIA authorizes the U.S. Government's use of the radio frequency 
spectrum. 47 U.S.C. Sec.  902(b)(2)(A). As part of this authority, NTIA 
developed the NTIA Manual to provide further guidance to applicable 
Federal agencies. 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 the spectrum.
    Part 300 of title 47 of the Code of Federal Regulations provides

[[Page 6819]]

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 according to 47 U.S.C. Sec.  901 et seq., Executive Order 12046 
(March 27, 1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158, when 
requesting frequency assignments for use of the radio frequency 
spectrum.
    This rule updates section 300.1(b) to specify the version of the 
NTIA Manual with which Federal agencies must comply when requesting 
frequency assignments for use of the radio frequency spectrum. In 
particular, section 300.1(b) amends the regulations by replacing 
``September 2008'' with ``September 2009.'' Upon the effective date of 
this rule, Federal agencies must comply with the requirements set forth 
in the January 2008 edition of the NTIA Manual, as revised through 
September 2009.
    The NTIA Manual is scheduled for revision in January, May, and 
September of each year and is submitted to the Director of the Federal 
Register for Incorporation by Reference approval. The Director of the 
Federal Register approved this incorporation by reference in accordance 
with 5 U.S.C. Sec.  552(a) and 1 CFR part 51. 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. 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, or call 
William Mitchell at (202) 482-8124, and available online at https://www.ntia.doc.gov/osmhome/redbook/redbook.html. The NTIA Manual is also 
on file at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

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 PRA, 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. Sec.  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 version of the NTIA Manual. These changes do not impact the 
rights or obligations of 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. Sec.  553.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. Sec.  553 or any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. Sec.  601 et 
seq.) are not applicable. Therefore, a regulatory flexibility analysis 
is not required and has not been prepared.

Executive Order 13132

    This rule does not contain policies having federalism implications 
as that term is defined in EO 13132.

Regulatory Text

List of Subjects in 47 CFR Part 300

    Incorporation by reference; Radio.

0
For the reasons set forth in the preamble, NTIA amends title 47, 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. Paragraph 300.1 (b) is revised to read as follows:


Sec.  300.1  Incorporation by reference of the Manual of Regulations 
and Procedures for Federal Radio Frequency Management.

* * * * *
    (b) The Federal agencies shall comply with the requirements set 
forth in the January 2008 edition of the NTIA Manual, as revised 
through September 2009, which is incorporated by reference with 
approval of the Director, Office of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51.
* * * * *

    Dated: February 4, 2010.
Anna M. Gomez,
Deputy Assistant Secretary for Communications and Information.
[FR Doc. 2010-2968 Filed 2-10-10; 8:45 am]
BILLING CODE 3510-60-S

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