Manual of Regulations and Procedures for Federal Radio Frequency Management, 2729-2730 [2022-00927]

Download as PDF jspears on DSK121TN23PROD with RULES1 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations increase from ‘‘up to $11,803’’ to ‘‘up to $12,537.’’ immediately upon publication in the Federal Register. IV. Regulatory Procedures B. Review Under Procedural Statutes and Executive Orders A. Determination of Good Cause for Publication Without Notice and Comment and With an Immediate Effective Date Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553) provides that, when an agency for good cause finds that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest, then the agency may issue a rule without providing notice and an opportunity for prior public comment. The agency finds that there is good cause to except this rule from the public notice and comment provisions of the APA in this case. Because the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the agency to update its regulations based on a prescribed formula, the agency has no discretion in the nature or amount of the change to the civil monetary penalties to reflect any views or suggestions provided by commenters. Accordingly, it would serve no purpose to provide an opportunity for public comment on this rule prior to promulgation. Thus, providing for notice and public comment is impracticable and unnecessary. Additionally, it would not be possible to meet the deadlines imposed by the Act if we were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and publish a final rule. Therefore, notice and comment for these proscribed updates is impracticable and unnecessary. Furthermore, the agency finds under section 553(d)(3) of the APA that good cause exists to make this final rule effective immediately upon publication in the Federal Register. In the Act, Congress expressly required Federal agencies to publish annual inflation adjustments to civil penalties in the Federal Register by January 15 of each year, notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels take effect immediately upon the effective date of the adjustment. The statutory deadline does not allow time to delay this rule’s effective date beyond publication. Moreover, an effective date after January 15 would delay application of the new penalty levels, contrary to Congress’s intent. Accordingly, we are issuing the annual adjustments as a final rule without prior notice or an opportunity for comment and with an effective date VerDate Sep<11>2014 16:00 Jan 18, 2022 Jkt 256001 § 2554.1 2729 [Amended] 5. Amend § 2554.1 by removing ‘‘$11,803’’ in paragraph (b) and adding, in its place, ‘‘$12,537.’’ ■ The agency has determined that making technical changes to the amount of civil monetary penalties in its regulations does not trigger any requirements under procedural statutes and Executive orders that govern rulemaking procedures. Dated: January 13, 2022. Fernando Laguarda, General Counsel. List of Subjects DEPARTMENT OF COMMERCE 45 CFR Part 1230 National Telecommunications and Information Administration Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements. [FR Doc. 2022–00909 Filed 1–18–22; 8:45 am] BILLING CODE 6050–28–P 47 CFR Part 300 [Docket Number: 220112–0011] 45 CFR Part 2554 RIN 0660–AA37 Claims, Fraud, Organization and functions (Government agencies), Penalties. For the reasons discussed in the preamble, under the authority of 42 U.S.C. 12651c(c), the Corporation for National and Community Service amends chapters XII and XXV, title 45 of the Code of Federal Regulations as follows: 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) 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). 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: PART 1230—NEW RESTRICTIONS ON LOBBYING 1. The authority citation for part 1230 continues to read as follows: ■ Authority: Section 319, Pub. L. 101–121 (31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C. 4951, et seq.; 42 U.S.C. 5060. § 1230.400 [Amended] 2. Amend § 1230.400 by: a. In paragraphs (a), (b), and (e), removing ‘‘$20,732’’ and adding, in its place, ‘‘$22,022’’ each place it appears. ■ b. In paragraphs (a), (b), and (e), removing ‘‘$207,313’’ and adding, in its place, ‘‘$220,212’’ each place it appears. Appendix A to Part 1230 [Amended] 3. Amend appendix A to part 1230 by: a. Removing ‘‘$20,732’’ and adding, in its place, ‘‘$22,022’’ each place it appears. ■ b. Removing ‘‘$207,313’’ and adding, in its place, ‘‘$220,212’’ each place it appears. ■ ■ PART 2554—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS 4. The authority citation for part 2554 continues to read as follows: ■ Authority: Pub. L. 99–509, Secs. 6101– 6104, 100 Stat. 1874 (31 U.S.C. 3801–3812); 42 U.S.C. 12651c–12651d. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 SUMMARY: Effective: January 19, 2022. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of February 18, 2022. 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: Alan Frable, Office of Spectrum Management, at (202) 482–1670 or afrable@ntia.gov. SUPPLEMENTARY INFORMATION: Background 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 E:\FR\FM\19JAR1.SGM 19JAR1 jspears on DSK121TN23PROD with RULES1 2730 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations 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 § 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. In particular, this rule amends the section by incorporating by reference the 2021 edition of the NTIA Manual. Upon the effective date of this rule, Federal agencies must comply with the requirements set forth in the 2021 edition of the NTIA Manual. 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, and online at https://www.ntia.gov/page/ 2011/manual-regulations-andprocedures-federal-radio-frequencymanagement-redbook. 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. Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866. Paperwork Reduction Act List of Subjects in 47 CFR Part 300 Communications, Incorporation by reference, Radio. For the reasons set forth in the preamble, NTIA amends 47 CFR 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 Paperwork Reduction Act unless that collection displays a currently valid Office of Management and Budget (OMB) Control Number. VerDate Sep<11>2014 16:00 Jan 18, 2022 Jkt 256001 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 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, 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 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 policies and procedures for Federal agencies’ use of spectrum. The NTIA Manual and the changes thereto do not substantially affect the rights or obligations of the public. As a result, this document 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 Executive Order 13132. 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: ■ PO 00000 Frm 00058 Fmt 4700 Sfmt 9990 Authority: 47 U.S.C. 901 et seq., Executive Order 12046 (March 27, 1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158. ■ 2. Revise § 300.1(b) to read as follows: § 300.1 Incorporation by reference of the Manual of Regulations and Procedures for Federal Radio Frequency Management. * * * * * (b) The NTIA Manual 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 material is available for inspection at National Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087, Washington, DC 20230, telephone: (202) 482–1670, and is available from the sources indicated in this paragraph (b). It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material, email fr.inspection@ nara.gov or go to www.archives.gov/ federal-register/cfr/ibr-locations.html. (1) Commerce Department, National Telecommunications and Information Administration, Office of Spectrum Management, 1401 Constitution Avenue NW, Washington, DC 20230. The NTIA Manual is available online at https:// www.ntia.gov/page/2011/manualregulations-and-procedures-federalradio-frequency-management-redbook and from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, by referring to Catalog Number 903–008– 00000–8. (i) Manual of Regulations and Procedures for Federal Radio Frequency Management, 2021 Edition, dated January 2021. (ii) [Reserved] (2) [Reserved] Dated: January 13, 2022. Evelyn Remaley Hasch, Associate Administrator, Office of Policy Analysis and Development, Performing the Non-Exclusive Duties and Functions of the Assistant Secretary of Commerce for Communications and Information, National Telecommunications and Information Administration. [FR Doc. 2022–00927 Filed 1–18–22; 8:45 am] BILLING CODE 3510–60–P E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2729-2730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00927]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 300

[Docket Number: 220112-0011]
RIN 0660-AA37


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) 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). 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: January 19, 2022. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of February 18, 2022.

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: Alan Frable, Office of Spectrum 
Management, at (202) 482-1670 or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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

[[Page 2730]]

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. In 
particular, this rule amends the section by incorporating by reference 
the 2021 edition of the NTIA Manual. Upon the effective date of this 
rule, Federal agencies must comply with the requirements set forth in 
the 2021 edition of the NTIA Manual.
    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, and online at https://www.ntia.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook. 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.

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.

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 
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, 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 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 policies and procedures for Federal 
agencies' use of spectrum. The NTIA Manual and the changes thereto do 
not substantially affect the rights or obligations of the public. As a 
result, this document 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 Executive Order 13132.

Regulatory Text

List of Subjects in 47 CFR Part 300

    Communications, Incorporation by reference, Radio.
    For the reasons set forth in the preamble, NTIA amends 47 CFR 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. 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 NTIA Manual 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 material is available for 
inspection at National Telecommunications and Information 
Administration, Office of Spectrum Management, 1401 Constitution Avenue 
NW, Room 1087, Washington, DC 20230, telephone: (202) 482-1670, and is 
available from the sources indicated in this paragraph (b). It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material, email [email protected] or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (1) Commerce Department, National Telecommunications and 
Information Administration, Office of Spectrum Management, 1401 
Constitution Avenue NW, Washington, DC 20230. The NTIA Manual is 
available online at https://www.ntia.gov/page/2011/manual-regulations-and-procedures-federal-radio-frequency-management-redbook and from the 
Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402, by referring to Catalog Number 903-008-00000-8.
    (i) Manual of Regulations and Procedures for Federal Radio 
Frequency Management, 2021 Edition, dated January 2021.
    (ii) [Reserved]
    (2) [Reserved]

    Dated: January 13, 2022.
Evelyn Remaley Hasch,
Associate Administrator, Office of Policy Analysis and Development, 
Performing the Non-Exclusive Duties and Functions of the Assistant 
Secretary of Commerce for Communications and Information, National 
Telecommunications and Information Administration.
[FR Doc. 2022-00927 Filed 1-18-22; 8:45 am]
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