81 FR 59845 - Telemarketing Sales Rule Fees

FEDERAL TRADE COMMISSION

Federal Register Volume 81, Issue 169 (August 31, 2016)

Page Range		59845-59846
FR Document		2016-20817

The Federal Trade Commission (the ``Commission'' or ``FTC'') is amending its Telemarketing Sales Rule (``TSR'') by updating the fees charged to entities accessing the National Do Not Call Registry (the ``Registry'') as required by the Do-Not-Call Registry Fee Extension Act of 2007.

Federal Register, Volume 81 Issue 169 (Wednesday, August 31, 2016)

[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59845-59846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20817]


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FEDERAL TRADE COMMISSION

16 CFR Part 310

RIN 3084-AA98


Telemarketing Sales Rule Fees

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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SUMMARY: The Federal Trade Commission (the ``Commission'' or ``FTC'') 
is amending its Telemarketing Sales Rule (``TSR'') by updating the fees 
charged to entities accessing the National Do Not Call Registry (the 
``Registry'') as required by the Do-Not-Call Registry Fee Extension Act 
of 2007.

DATES: The revised fees will become effective October 1, 2016.

ADDRESSES: Copies of this document are available on the Internet at the 
Commission's Web site: http://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Ami Joy Dziekan, (202) 326-2648, BCP, 
Federal Trade Commission, 600 Pennsylvania Avenue NW., Room CC-9225, 
Washington, DC 20580.

SUPPLEMENTARY INFORMATION: To comply with the Do-Not-Call Registry Fee 
Extension Act of 2007 (Pub. L. 110-188, 122 Stat. 635) (``Act''), the 
Commission is amending the TSR by updating the fees entities are 
charged for accessing the Registry as follows: The revised rule 
increases the annual fee for access to the Registry for each area code 
of data from $60 to $61 per area code; increases the maximum amount 
that will be charged to any single entity for accessing area codes of 
data from $16,482 to $16,714; and the fee per area code of data during 
the second six months of an entity's annual subscription period remains 
$30.
    These increases are in accordance with the Act, which specifies 
that beginning after fiscal year 2009, the dollar amounts charged shall 
be increased by an amount equal to the amounts specified in the Act, 
multiplied by the percentage (if any) by which the average of the 
monthly consumer price index (for all urban consumers published by the 
Department of Labor) (``CPI'') for the most recently ended 12-month 
period ending on June 30 exceeds the CPI for the 12-month period ending 
June 30, 2008. The Act also states that any increase shall be rounded 
to the nearest dollar and that there shall be no increase in the dollar 
amounts if the change in the CPI is less than one percent. For fiscal 
year 2009, the Act specified that the original annual fee for access to 
the Registry for each area code of data was $54 per area code, or $27 
per area code of data during the second six months of an entity's 
annual subscription period, and that the maximum amount that would be 
charged to any single entity for accessing area codes of data would be 
$14,850.
    The determination whether a fee change is required and the amount 
of the fee change involves a two-step process. First, to determine 
whether a fee change is required, we measure the change in the CPI from 
the time of the previous increase in fees. The last fees increase was 
for fiscal year 2015. Accordingly, we calculated the change in the CPI 
since fiscal year 2015, and the increase was 1.41 percent. Because this 
change is over the one percent threshold, the fees will change for 
fiscal year 2017.
    Second, to determine how much the fees should increase this fiscal 
year, we use the calculation specified by the Act set forth above, the 
percentage change in the baseline CPI applied to the original fees for 
fiscal year 2009. The average value of the CPI for July 1, 2007 to June 
30, 2008 was 211.702; the average value for July 1, 2015 to June 30, 
2016 was 238.276, an increase of 12.55 percent. Applying the 12.55 
percent increase to the base amount from fiscal year 2009, leads to an 
increase from $60 to $61 in the fee from last year for access to a 
single area code of data for a full year for fiscal year 2017. The 
actual amount is $60.78, but when rounded, pursuant to the Act, the 
amount is $61. The fee for accessing an additional area code for a half 
year remains $30 (rounded from $30.39). The maximum amount charged 
increases to $16,714 (rounded from $16,713.68).
    Administrative Procedure Act; Regulatory Flexibility Act; Paperwork 
Reduction Act. The revisions to the Fee Rule are technical in nature 
and merely incorporate statutory changes to the TSR. These statutory 
changes have been adopted without change or interpretation, making 
public comment unnecessary. Therefore, the Commission has determined 
that the notice and comment requirements of the Administrative 
Procedure Act do not apply. See 5 U.S.C. 553(b). For this reason, the 
requirements of the Regulatory Flexibility Act also do not apply. See 5 
U.S.C. 603, 604.
    Pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3521, the 
Office of Management and Budget (``OMB'') approved the information 
collection requirements in the Amended TSR and assigned the following 
existing OMB Control Number: 3084-0097. The amendments outlined in this 
Final Rule pertain only to the fee provision (Sec.  310.8) of the 
Amended TSR and will not establish or alter any record keeping, 
reporting, or third-party disclosure requirements elsewhere in the 
Amended TSR.

List of Subjects in 16 CFR Part 310

    Advertising, Consumer protection, Reporting and recordkeeping 
requirements, Telephone, Trade practices.

    Accordingly, the Federal Trade Commission amends part 310 of title 
16 of the Code of Federal Regulations as follows:

PART 310--TELEMARKETING SALES RULE

0
1. The authority citation for part 310 continues to read as follows:

    Authority: 15 U.S.C. 6101-6108; 15 U.S.C. 6151-6155.

0
2. In Sec.  310.8, revise paragraphs (c) and (d) to read as follows:


Sec.  310.8  Fee for access to the National Do Not Call Registry.

* * * * *
    (c) The annual fee, which must be paid by any person prior to 
obtaining access to the National Do Not Call Registry, is $61 for each 
area code of data accessed, up to a maximum of $16,714; provided, 
however, that there shall be no charge to any person for accessing the 
first five area codes of data, and provided further, that there shall 
be no charge to any person engaging in or causing others to engage in 
outbound telephone calls to consumers and who is accessing area codes 
of data in the National Do Not Call Registry if the person is permitted 
to access, but is not required to access, the National Do Not Call 
Registry under this Rule, 47 CFR 64.1200, or any other Federal 
regulation or law. No person may participate in any arrangement to 
share the cost of accessing the National Do Not Call Registry, 
including any arrangement with any telemarketer or service provider to 
divide the costs to access the registry among various clients of that 
telemarketer or service provider.
    (d) Each person who pays, either directly or through another 
person, the annual fee set forth in paragraph (c) of this section, each 
person excepted under paragraph (c) from paying the

[[Page 59846]]

annual fee, and each person excepted from paying an annual fee under 
Sec.  310.4(b)(1)(iii)(B), will be provided a unique account number 
that will allow that person to access the registry data for the 
selected area codes at any time for the twelve month period beginning 
on the first day of the month in which the person paid the fee (``the 
annual period''). To obtain access to additional area codes of data 
during the first six months of the annual period, each person required 
to pay the fee under paragraph (c) must first pay $61 for each 
additional area code of data not initially selected. To obtain access 
to additional area codes of data during the second six months of the 
annual period, each person required to pay the fee under paragraph (c) 
must first pay $30 for each additional area code of data not initially 
selected. The payment of the additional fee will permit the person to 
access the additional area codes of data for the remainder of the 
annual period.
* * * * *

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-20817 Filed 8-30-16; 8:45 am]
BILLING CODE 6750-01-P

59846 Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations

annual fee, and each person excepted II. Background impoundments, interbasin transfers and
from paying an annual fee under Section 26a of the TVA Act requires certain water intakes. TVA will
§ 310.4(b)(1)(iii)(B), will be provided a that TVA’s approval be obtained prior to continue to require approval of these
unique account number that will allow the construction, operation, or and other obstructions not set forth in
that person to access the registry data maintenance of any dam, appurtenant Section III of this Interpretive Rule,
for the selected area codes at any time works, or other obstruction affecting when located across, along, or in an
for the twelve month period beginning navigation, flood control, or public upstream tributary reach.
on the first day of the month in which lands or reservations across, along, or in The Tennessee River has a 41,000-
the person paid the fee (‘‘the annual the Tennessee River or any of its square-mile drainage basin. Thousands
period’’). To obtain access to additional tributaries. 16 U.S.C. 831y–1 (2012). of miles of upstream tributary reaches
area codes of data during the first six TVA’s rules governing such approval ultimately flow into the Tennessee
months of the annual period, each are codified at 18 CFR part 1304. The River, making it impractical to identify
person required to pay the fee under rules include a permitting process each upstream tributary reach in this
paragraph (c) must first pay $61 for each whereby applicants may request from rule. For the purpose of this rule,
additional area code of data not initially TVA a permit for various structures upstream tributary reaches do not
selected. To obtain access to additional such as boat docks, piers, shoreline include the following:
area codes of data during the second six stabilization projects, dams, and (1) The Tennessee River;
months of the annual period, each bridges, all of which qualify as (2) TVA reservoirs, (TVA reservoirs
person required to pay the fee under ‘‘obstructions’’ under TVA’s regulations. are listed in Table 1);
paragraph (c) must first pay $30 for each An obstruction is generally any man- (3) stream reaches within a TVA
additional area code of data not initially made physical condition that during its reservoir, the 500-year floodplain of the
selected. The payment of the additional continuance after completion Tennessee River, or both;
fee will permit the person to access the impounds, checks, hinders, restricts, (4) stream reaches downstream of a
additional area codes of data for the retards, diverts, or otherwise interferes TVA dam (these reaches are listed in
remainder of the annual period. with the movement of water or of Table 2); and
* * * * * objects on or in the water. Over the (5) stream reaches where TVA owns
By direction of the Commission. years, TVA has found that certain property (whether fee-owned property
Donald S. Clark, obstructions because of their location, or other property right, such as a right
the nature of their construction, or both to flood) in or adjacent to the reach
Secretary.
have not discernibly interfered with the (including property adjacent to a TVA
[FR Doc. 2016–20817 Filed 8–30–16; 8:45 am]
operation or management of the TVA reservoir or downstream of a TVA dam).
BILLING CODE 6750–01–P TVA will continue to review the
reservoir system. In particular, this has
occurred at locations across, along, or in proposed construction of obstructions
certain tributary reaches that are located across, along, or in the above-
upstream of the control or influence of listed five categories of reservoirs and
TENNESSEE VALLEY AUTHORITY reaches. These reservoirs and stream
TVA’s reservoir system operations. For
18 CFR Part 1304 the purpose of this rule, these are called reaches are controlled or influenced by
upstream tributary reaches. At these the operation of TVA’s reservoir system.
When Obstructions on Certain locations, certain obstructions have an As discussed in more detail below,
Tributaries of the Tennessee River Do indiscernible impact on water surface individual members of the public are
Not Require a Section 26a Permit from elevations in the reservoir system or the encouraged to contact a TVA
the Tennessee Valley Authority flow or volume of water entering the representative for help in determining
reservoir system and thereby do not whether their location is across, along,
AGENCY: Tennessee Valley Authority. materially interfere with TVA’s flood or in a reservoir or stream reach in the
ACTION: Interpretive Rule. control or navigation responsibilities. above-listed five categories or across,
Furthermore, at these locations, TVA along, or in an upstream tributary reach.
SUMMARY: The Tennessee Valley does not typically own property and III. Scope of Interpretive Rule
Authority (TVA) is issuing guidance therefore construction does not affect or
stating that certain structures, while interfere with the management of TVA’s TVA hereby clarifies that, going
obstructions across, along, or in certain property. These obstructions include, forward, the construction of the
tributaries of the Tennessee River, do but are not limited to, stream bank following obstructions across, along, or
not need a Section 26a permit from stabilization, bridges and culverts, in an upstream tributary reach of the
TVA, because they have an stream crossings, fences, launching Tennessee River, does not require a
indiscernible effect on navigation, flood ramps, boat docks, piers, and certain Section 26a permit from TVA:
control or public lands or reservations. fills and intakes. For these reasons, TVA (a) Stream bank, bed, or channel
DATES: Effective August 31, 2016. has determined that certain obstructions stabilization structures—Natural or
do not require approval pursuant to man-made obstructions to stabilize and
FOR FURTHER INFORMATION CONTACT: protect banks, beds, or channels of
Section 26a of the TVA Act when
Rebecca C. Tolene, Vice President, located across, along, or in an upstream streams or excavated channels (e.g.,
Natural Resources, Tennessee Valley tributary reach of the Tennessee River. vegetation, riprap, gabions, fiber rolls,
Authority, Knoxville, Tennessee (865– Conversely, based on years of stacked rock, retaining walls, etc.);
632–4433). permitting experience, TVA has found (b) Stream restoration, enhancement,
ehiers on DSK5VPTVN1PROD with RULES

SUPPLEMENTARY INFORMATION: that other obstructions across, along, or relocation, or treatment structures—
in upstream tributary reaches do Natural or man-made obstructions for
I. Legal Authority
potentially interfere with the relocating a stream or for restoring or
This interpretive rule is promulgated management of TVA’s reservoir system. improving the stream’s function (e.g.,
under the authority of the TVA Act, as These include, but are not limited to, weirs or sills, boulders, wing deflectors,
amended, 16 U.S.C. 831–831ee. structures such as dams, log, brush, rock, trees, fill, etc.);

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Document Created: 2018-02-02 12:15:07
Document Modified: 2018-02-02 12:15:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The revised fees will become effective October 1, 2016.
Contact		Ami Joy Dziekan, (202) 326-2648, BCP, Federal Trade Commission, 600 Pennsylvania Avenue NW., Room CC-9225, Washington, DC 20580.
FR Citation		81 FR 59845
RIN Number		3084-AA98
CFR Associated		Advertising; Consumer Protection; Reporting and Recordkeeping Requirements; Telephone and Trade Practices