Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management, 56984-56985 [2011-23450]
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56984
Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
47 CFR Part 300
[Docket Number 110907566–1566–01]
RIN 0660–AA25
Revision to the Manual of Regulations
and Procedures for Federal Radio
Frequency Management
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Final rule.
AGENCY:
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, 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.
DATES: This regulation is effective on
September 15, 2011. The incorporation
by reference of certain publications
listed in the rule is approved by the
Director of the Federal Register as of
September 15, 2011.
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.
SUMMARY:
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK7SPTVN1PROD with RULES
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
information about the process by which
VerDate Mar<15>2010
13:02 Sep 14, 2011
Jkt 223001
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
for use of the radio frequency spectrum.
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 section 300.1(b) of
title 47 of the Code of Federal
Regulations 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,
this rule amends section 300.1(b) by
replacing ‘‘September 2010’’ with ‘‘May
2011.’’ See Revision to the Manual of
Regulations and Procedures for Federal
Radio Frequency Management, 76 FR
18652, 18652–53 (April 5, 2011)
(revising the Manual through September
2010). 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 May 2011.
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 part 51 of title 1 of the Code
of Federal Regulations. 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 on
(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
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
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.
553(b)(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. NTIA also 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 the
policies and procedures for federal
agencies’ use of the radio spectrum. The
NTIA Manual and the changes thereto
do not substantially affect the rights or
obligations of the public. As a result,
this notice 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 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:
■
E:\FR\FM\15SER1.SGM
15SER1
Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Rules and Regulations
Authority: 47 U.S.C. 901 et seq., Executive
Order 12046 (March 27, 1978), 43 FR 13349,
3 CFR 1978 Comp., p. 158.
2. Section 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 May 2011,
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: September 8, 2011.
Lawrence E. Strickling,
Assistant Secretary for Communications and
Information.
[FR Doc. 2011–23450 Filed 9–14–11; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 110627355–1539–02]
RIN 0648–BB08
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Framework
Adjustment 46
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule partially
approves Framework Adjustment (FW)
46 to the NE Multispecies Fishery
Management Plan (FMP), which
increases the haddock incidental catch
cap allocated to the Atlantic midwater
trawl herring fishery to 1 percent of the
Georges Bank (GB) haddock Acceptable
Biological Catch (ABC) and to 1 percent
of the Gulf of Maine (GOM) haddock
ABC, thereby, adjusting final fishing
year (FY) 2011 specifications for the
other fishery components of these ABCs.
In addition, this action modifies the
method for estimating haddock catch in
the herring fishery and the relevant
accountability measures (AMs) such
that, upon attainment of the cap, the
midwater trawl herring fleet may not
wreier-aviles on DSK7SPTVN1PROD with RULES
SUMMARY:
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13:02 Sep 14, 2011
Jkt 223001
catch or land herring in excess of the
incidental catch limit (2,000 lb (907.2
kg)) in or from the appropriate haddock
stock area. In addition, in this action
NMFS disapproves measures in FW 46
that would have required open access
herring vessels using midwater trawl
gear to report total kept catch, and
notify the Office of Law Enforcement,
prior to landing. NMFS also disapproves
a measure to require all midwater trawl
vessels to report gear used on each trip
into the Gulf of Maine or Georges Bank.
FW 46 was developed by the New
England Fishery Management Council
(Council) to address the haddock
incidental catch cap in the Atlantic
herring fishery to allow the herring
fishery to achieve optimum yield, by
establishing a better opportunity to fully
harvest the available herring quota,
while providing incentives for the
midwater trawl fishery to minimize
haddock catch and, ensuring that
haddock catch is adequately controlled
and monitored.
DATES: This rule is effective September
14, 2011, except for § 648.10(l), which
will become effective September 28,
2011.
ADDRESSES: Copies of FW 46, its
Regulatory Impact Review (RIR), the
final environmental assessment (EA)
prepared for this action, and the Initial
Regulatory Flexibility Analysis (IRFA)
prepared by the Council are available
from Paul J. Howard, Executive Director,
New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. A Final
Regulatory Flexibility Analysis (FRFA)
was prepared for this final rule and is
comprised of the EA, the preamble, and
the Classification sections of the final
rule. The FW 46 EA/RIR/IRFA are also
accessible via the Internet at https://
www.nefmc.org/nemulti/ or
https://www.nero.noaa.gov. Written
comments regarding the burden-hour
estimates or other aspects of the
collection-of-information requirements
contained in this rule should be
submitted to the Regional Administrator
at the address above and to the Office
of Management and Budget (OMB) by email at OIRA_Submission@omb.eop.gov,
or fax to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Melissa Vasquez, Fishery Policy
Analyst, phone: 978–281–9166, fax:
978–281–9135.
SUPPLEMENTARY INFORMATION: A
proposed rule to implement measures in
FW 46 was published on July 19, 2011
(76 FR 42663), soliciting public
comment through August 3, 2011. After
review of all public comments, NMFS
has approved several of the proposed
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Frm 00037
Fmt 4700
Sfmt 4700
56985
measures in FW 46, determining that
approved measures, as listed below, are
consistent with the goals of the FMP as
described in Amendment 16 to the FMP,
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), and other
applicable laws. These final measures
are unchanged from those that were
proposed.
Background
The Atlantic herring fishery is
currently allocated a sub-Annual Catch
Limit (ACL) of haddock that is equal to
0.2 percent of the combined GOM and
GB haddock ABCs, to account for
haddock that is incidentally caught in
the herring fishery. When this cap is
reached, herring vessels are restricted to
an incidental possession limit of 2,000
lb (907.2 kg) of herring per trip in
specific portions of the GOM and GB,
which effectively closes these areas to
directed herring fishing. The Council
initiated FW 46 in January 2011 to
address industry concerns that the
haddock incidental catch cap was
becoming too constraining on the
herring fishery, particularly given the
increased, healthy biomass of haddock
on GB and the fact that the commercial
groundfish fishery is not likely able to
harvest its own sub-ACL for these
stocks. An early effective closure of the
directed herring fishery as a result of
catching the incidental catch cap could
result in thwarting fishery participants
from potentially achieving optimum
yield and limiting the supply of herring
bait to the lobster fishery. For example,
in FY 2010, the herring fishery was
constrained by the cap and had to
modify its behavior, which may have
resulted in up to $5.5 million in
foregone herring from Herring
Management Area 3. Thus, the Council
developed FW 46 to revise the haddock
incidental catch cap for the Atlantic
herring fishery to allow for the
achievement of optimum yield through
establishing a better opportunity to fully
harvest the available herring quota,
while providing incentives for the
midwater trawl herring fishery to
minimize haddock catch, and ensuring
that haddock catch is adequately
controlled and monitored. A complete
discussion of the development of FW 46
and the pre-FW 46 haddock incidental
catch cap measures and their rationale
appears in the preamble to the proposed
rule and is not repeated here.
E:\FR\FM\15SER1.SGM
15SER1
Agencies
[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Rules and Regulations]
[Pages 56984-56985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23450]
[[Page 56984]]
=======================================================================
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
47 CFR Part 300
[Docket Number 110907566-1566-01]
RIN 0660-AA25
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, 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.
DATES: This regulation is effective on September 15, 2011. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of September 15,
2011.
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
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 for use of the radio
frequency spectrum. 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 section 300.1(b) of title 47 of the Code of
Federal Regulations 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,
this rule amends section 300.1(b) by replacing ``September 2010'' with
``May 2011.'' See Revision to the Manual of Regulations and Procedures
for Federal Radio Frequency Management, 76 FR 18652, 18652-53 (April 5,
2011) (revising the Manual through September 2010). 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 May 2011.
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 part 51 of title 1 of the Code of Federal
Regulations. 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 on (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. 553(b)(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. NTIA also 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 the policies and procedures for
federal agencies' use of the radio spectrum. The NTIA Manual and the
changes thereto do not substantially affect the rights or obligations
of the public. As a result, this notice 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 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
0
1. The authority citation for Part 300 continues to read as follows:
[[Page 56985]]
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. Section 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 May 2011, 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: September 8, 2011.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2011-23450 Filed 9-14-11; 8:45 am]
BILLING CODE 3510-60-P