Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management, 75567-75568 [2012-30682]

Download as PDF Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations and does not contain any new or amended requirements. Authority: 15 U.S.C. 2604, 2607, and 2625(c). V. Congressional Review Act (CRA) § 721.10612 The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). ■ List of Subjects § 721.10623 40 CFR Part 9 ■ Environmental protection, Reporting and recordkeeping requirements. 4. Remove § 721.10612. § 721.10613 ■ ■ [Removed] 8. Remove § 721.10616. § 721.10617 ■ [Removed] 7. Remove § 721.10615. § 721.10616 [Removed] 9. Remove § 721.10617. [Removed] 10. Remove § 721.10623. [FR Doc. 2012–30694 Filed 12–20–12; 8:45 am] BILLING CODE 6560–50–P 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: December 12, 2012. Maria J. Doa, Director, Chemical Control Division, Office of Pollution Prevention and Toxics. RIN 0660–XC004 Authority: 7 U.S.C. 135 et seq., 136–136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 6901–6992k, 7401–7671q, 7542, 9601–9657, 11023, 11048. [Amended] 2. The table in § 9.1 is amended by removing the entries ‘‘§ 721.10612,’’ ‘‘§ 721.10613,’’ ‘‘§ 721.10614,’’ ‘‘§ 721.10615,’’ ‘‘§ 721.10616,’’ ‘‘§ 721.10617,’’ and ‘‘§ 721.10623’’ under the undesignated center heading ‘‘Significant New Uses of Chemical Substances’’. mstockstill on DSK4VPTVN1PROD with PART 721—[AMENDED] 3. The authority citation for part 721 continues to read as follows: ■ VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 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: 1. The authority citation for part 9 continues to read as follows: ■ ■ National Telecommunications and Information Administration [Docket Number 121214713–2713–01] PART 9—[AMENDED] § 9.1 DEPARTMENT OF COMMERCE 47 CFR Part 300 Therefore, 40 CFR parts 9 and 721 are amended as follows: 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: Effective Date: This regulation is effective on December 21, 2012. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of December 21, 2012. ADDRESSES: A reference copy of the NTIA Manual, including all revisions in effect, is available in the Office of SUMMARY: PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 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: [Removed] 6. Remove § 721.10614. § 721.10615 ■ [Removed] 5. Remove § 721.10613. § 721.10614 ■ [Removed] 75567 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 ‘‘May 2011’’ with ‘‘May 2012.’’ See Revision to the Manual of Regulations and Procedures for Federal Radio Frequency Management, 76 FR 56984, 56984–85 (Sept. 15, 2011) (revising the Manual through May 2011). Upon the effective date of this rule, federal agencies must comply with the requirements set forth in the 2008 edition of the NTIA Manual, as revised through May 2012. 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, E:\FR\FM\21DER1.SGM 21DER1 75568 Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations 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/page/2011/ manual-regulations-and-proceduresfederal-radio-frequency-managementredbook. 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. Congressional Review Act DEPARTMENT OF COMMERCE 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). National Oceanic and Atmospheric Administration Paperwork Reduction Act For the reasons set forth in the preamble, NTIA amends title 47, Part 300 as follows: 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. Executive Order 13132 This rule does not contain policies having federalism implications as that term is defined in E.O. 13132. List of Subjects in 47 CFR Part 300 Incorporation by reference, Radio. Regulatory Text 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. Section 300.1 (b) is revised to read as follows: ■ mstockstill on DSK4VPTVN1PROD with § 300.1 Incorporation by reference of the Manual of Regulations and Procedures for Federal Radio Frequency Management. 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. * 16:08 Dec 20, 2012 Jkt 229001 * * * * (b) The federal agencies shall comply with the requirements set forth in the 2008 edition of the NTIA Manual, as revised through May 2012, 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: December 17, 2012. Lawrence E. Strickling, Assistant Secretary for Communications and Information. [FR Doc. 2012–30682 Filed 12–20–12; 8:45 am] BILLING CODE 3510–60–P PO 00000 Frm 00060 Fmt 4700 [Docket No. 120213124–1066–02] RIN 0648–XC388 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2013 Commercial and Recreational Quotas for Red Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. AGENCY: NMFS sets the 2013 commercial and recreational quotas for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS has determined that the allowable biological catch (ABC) for red snapper in 2012 has been exceeded. Therefore, NMFS is maintaining the commercial and recreational quotas for red snapper in 2013 at the 2012 level. The intent of this action is to help achieve optimum yield (OY) for the Gulf red snapper resource without increasing the risk of red snapper experiencing overfishing. DATES: This rule is effective January 1, 2013, through December 31, 2013, unless NMFS publishes a superseding document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, telephone 727–824– 5305; email: Cynthia.Meyer@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef fish fishery under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The Council prepared the FMP and NMFS implements the FMP through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On May 30, 2012, NMFS published a final rule (77 FR 31734), that in part, set the 2012 commercial quota at 4.121 million lb (1.869 million kg), round weight, and the 2012 recreational quota at 3.959 million lb (1.796 million kg), round weight. NMFS also set the 2013 commercial quota at 4.432 million lb (2.010 million kg), round weight, and the 2013 recreational quota at 4.258 million lb (1.931 million kg), round weight. However, the 2013 quota increases are contingent on the ABC not being exceeded in the 2012 fishing year. SUMMARY: Administrative Procedure Act/ Regulatory Flexibility Act VerDate Mar<15>2010 50 CFR Part 622 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1

Agencies

[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75567-75568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30682]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number 121214713-2713-01]
RIN 0660-XC004


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: Effective Date: This regulation is effective on December 21, 
2012. The incorporation by reference of certain publications listed in 
the rule is approved by the Director of the Federal Register as of 
December 21, 2012.

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 ``May 2011'' with ``May 
2012.'' See Revision to the Manual of Regulations and Procedures for 
Federal Radio Frequency Management, 76 FR 56984, 56984-85 (Sept. 15, 
2011) (revising the Manual through May 2011). Upon the effective date 
of this rule, federal agencies must comply with the requirements set 
forth in the 2008 edition of the NTIA Manual, as revised through May 
2012.
    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,

[[Page 75568]]

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/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook. 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 E.O. 13132.

List of Subjects in 47 CFR Part 300

    Incorporation by reference, Radio.

Regulatory Text

    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. 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 2008 edition of the NTIA Manual, as revised through May 
2012, 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: December 17, 2012.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.
[FR Doc. 2012-30682 Filed 12-20-12; 8:45 am]
BILLING CODE 3510-60-P

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