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Final Rule

Delete, Delete, Delete; Delegations of Authority

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.

Key Dates
Citation: 90 FR 36383
This rule is effective August 4, 2025.
Public Participation
0 comments
Topics:
Authority delegations (Government agencies) Organization and functions (Government agencies)

Document Details

Document Number2025-14702
FR Citation90 FR 36383
TypeFinal Rule
PublishedAug 4, 2025
Effective DateAug 4, 2025
RIN-
Docket IDGN Docket No. 25-133
Pages36383–36385 (3 pages)
Text FetchedYes

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Full Document Text (2,052 words · ~11 min read)

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<RULE> FEDERAL COMMUNICATIONS COMMISSION <CFR>47 CFR Part 0</CFR> <DEPDOC>[GN Docket No. 25-133; FCC 25-40; FR ID 306252]</DEPDOC> <SUBJECT>Delete, Delete, Delete; Delegations of Authority</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Communications Commission. <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective August 4, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Marcus Maher, Federal Communications Commission, Office of General Counsel. Email: <E T="03">Marcus.Maher@fcc.gov;</E> telephone: (202) 418-2339. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION: </HD> This is a summary of the final rule portions of the Commission's <E T="03">Direct Final Rule,</E> 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 <E T="03">https://www.fcc.gov/document/fcc-deletes-obsolete-telegraph-rabbit-ear-receiver-phone-booth-rules-0.</E> Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format) by sending an email to <E T="03">fcc504@fcc.gov</E> or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). <HD SOURCE="HD1">Procedural Matters</HD> <E T="03">Paperwork Reduction Act.</E> 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). <E T="03">Congressional Review Act.</E> 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). <HD SOURCE="HD1">Synopsis</HD> 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. <HD SOURCE="HD1">Ordering Clauses</HD> <E T="03">It is ordered</E> that the amendments of the Commission's rules as set forth in this document shall be effective upon <E T="04">Federal Register</E> 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 <E T="04">Federal Register</E> publication. <E T="03">It is further ordered</E> that the Office of the Managing Director, Performance Program Management, <E T="03">shall send</E> a copy of this <E T="03">Direct Final Rule</E> 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). <LSTSUB> <HD SOURCE="HED">List of Subjects in 47 CFR Part 0</HD> Authority delegations (Government agencies); Organization and functions (Government agencies). </LSTSUB> <SIG> <FP>Federal Communications Commission.</FP> <NAME>Marlene Dortch,</NAME> Secretary. </SIG> <HD SOURCE="HD1">Final Rules</HD> 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: <HD SOURCE="HED">PART 0—COMMISSION ORGANIZATION</HD> <REGTEXT TITLE="47" PART="0"> 1. The authority citation for part 0 continues to read as follows: <HD SOURCE="HED">Authority: </HD> 47 U.S.C. 151, 154(i), 154(j), 155, 225, 409, and 1754, unless otherwise noted. </REGTEXT> <SUBPART> <HD SOURCE="HED">Subpart B—Delegations of Authority</HD> </SUBPART> <REGTEXT TITLE="47" PART="0"> 2. Amend § 0.231 by adding paragraph (m) to read as follows: <SECTION> <SECTNO>§ 0.231 </SECTNO> <SUBJECT>Authority delegated.</SUBJECT> <STARS/> (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 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. </SECTION> </REGTEXT> <REGTEXT TITLE="47" PART="0"> 3. Amend § 0.241 by adding paragraph (n) to read as follows: <SECTION> <SECTNO>§ 0.241 </SECTNO> <SUBJECT>Authority delegated.</SUBJECT> <STARS/> (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. </SECTION> </REGTEXT> <REGTEXT TITLE="47" PART="0"> 4. Amend § 0.251 by adding paragraph (k) to read as follows: <SECTION> <SECTNO>§ 0.251 </SECTNO> <SUBJECT>Authority delegated.</SUBJECT> <STARS/> (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. </SECTION> </REGTEXT> <REGTEXT TITLE="47" PART="0"> 5. Amend § 0.261 by adding paragraph (c) to read as follows: <SECTION> <SECTNO>§ 0.261 </SECTNO> <SUBJECT>Authority delegated.</SUBJECT> <STARS/> (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. </SECTION> </REGTEXT> <REGTEXT TITLE="47" PART="0"> 6. Amend § 0.271 by adding paragraph (j) to read as follows: <SECTION> <SECTNO>§ 0.271 </SECTNO> <SUBJECT>Authority delegated.</SUBJECT> <STARS/> (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. </SECTION> </REGTEXT> <REGTEXT TITLE="47" PART="0"> 7. Amend § 0.283 by adding paragraph (e) to read as follows: <SECTION> <SECTNO>§ 0.283 </SECTNO> <SUBJECT>Authority delegated.</SUBJECT> <STARS/> (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. </SECTION> </REGTEXT> <REGTEXT TITLE="47" PART="0"> 8. Amend § 0.291 by adding paragraph (j) to read as follows: <SECTION> <SECTNO>§ 0.291</SECTNO> <SUBJECT> Authority delegated.</SUBJECT> <STARS/> (j) Notwithstanding any other provision of this section, the Chief of the Wireline Competition Bur ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 15k characters. 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