82 FR 39533 - Telemarketing Sales Rule Fees
FEDERAL TRADE COMMISSION Federal Register Volume 82, Issue 160 (August 21, 2017)
Federal Register Volume 82, Issue 160 (August 21, 2017)
| Page Range | 39533-39534 | |
| FR Document | 2017-17437 |
[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)] [Rules and Regulations] [Pages 39533-39534] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17437] ======================================================================= ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION 16 CFR Part 310 RIN 3084-AA98 Telemarketing Sales Rule Fees AGENCY: Federal Trade Commission. ACTION: Final rule. ----------------------------------------------------------------------- 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: This rule is effective October 1, 2017. 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 $61 to $62 per area code, and increases the maximum amount that will be charged to any single entity for accessing area codes of data from $16,714 to $17,021. The fee per area code of data during the second six months of an entity's annual subscription period increases from $30 to $31. 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 [[Page 39534]] 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. There was an increase in the fees for fiscal year 2017. Accordingly, we calculated the change in the CPI since last year, and the increase was 1.84 percent. Because this change is over the one percent threshold, the fees will change for fiscal year 2018. 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, 2016 to June 30, 2017 was 242.656, an increase of 14.62 percent. Applying the 14.62 percent increase to the base amount from fiscal year 2009, leads to an increase from $61 to $62 in the fee from last year for access to a single area code of data for a full year for fiscal year 2018. The actual amount is $61.89, but when rounded, pursuant to the Act, the amount is $62. The fee for accessing an additional area code for a half year increases from $30 to $31 (rounded from $30.95). The maximum amount charged increases to $17,021 (rounded from $17,021.07). 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 $62 for each area code of data accessed, up to a maximum of $17,021; 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 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) of this section must first pay $62 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) of this section must first pay $31 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. 2017-17437 Filed 8-18-17; 8:45 am] BILLING CODE 6750-01-P
![Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 39533
between Muscle Shoals, AL, and Central Circumstances, this action has been Issued in Washington, DC, on August 14,
City, KY. Therefore, the amended route reviewed for factors and circumstances 2017.
extends between Dolphin, FL, and in which a normally categorically Rodger A. Dean, Jr.,
Muscle Shoals, AL, as currently excluded action may have a significant Manager, Airspace Policy Group.
described; then between Central City, environmental impact requiring further [FR Doc. 2017–17508 Filed 8–18–17; 8:45 am]
KY, and Sawyer, MI, as currently analysis, and it is determined that no BILLING CODE 4910–13–P
described. extraordinary circumstances exist that
V–67: V–67 extends between the Choo warrant preparation of an
Choo, TN, VORTAC and the Rochester, environmental assessment. FEDERAL TRADE COMMISSION
MN, VOR/DME. This rule removes the
Graham, TN, VORTAC from the route List of Subjects in 14 CFR Part 71 16 CFR Part 310
which creates a gap in the route
between Shelbyville, TN, and Airspace, Incorporation by reference, RIN 3084–AA98
Cunningham, KY. Therefore, the Navigation (air).
Telemarketing Sales Rule Fees
amended route extends between Choo The Amendment
Choo, TN, and Shelbyville, TN, as AGENCY: Federal Trade Commission.
currently described; then between In consideration of the foregoing, the ACTION: Final rule.
Cunningham, KY, and Rochester, MN, Federal Aviation Administration
as currently described. This action also amends 14 CFR part 71 as follows: SUMMARY: The Federal Trade
corrects the state location for the Choo Commission (the ‘‘Commission’’ or
Choo VORTAC to reflect Tennessee. PART 71—DESIGNATION OF CLASS A, ‘‘FTC’’) is amending its Telemarketing
B, C, D, AND E AIRSPACE AREAS; AIR Sales Rule (‘‘TSR’’) by updating the fees
Regulatory Notices and Analyses charged to entities accessing the
TRAFFIC SERVICE ROUTES; AND
The FAA has determined that this REPORTING POINTS National Do Not Call Registry (the
regulation only involves an established ‘‘Registry’’) as required by the Do-Not-
body of technical regulations for which Call Registry Fee Extension Act of 2007.
■ 1. The authority citation for part 71
frequent and routine amendments are DATES: This rule is effective October 1,
necessary to keep them operationally continues to read as follows:
2017.
current. It, therefore: (1) Is not a Authority: 49 U.S.C. 106(f), 106(g), 40103,
ADDRESSES: Copies of this document are
‘‘significant regulatory action’’ under 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
available on the Internet at the
Executive Order 12866; (2) is not a 1959–1963 Comp., p. 389.
Commission’s Web site: http://
‘‘significant rule’’ under Department of www.ftc.gov.
Transportation (DOT) Regulatory § 71.1 [Amended]
Policies and Procedures (44 FR 11034; FOR FURTHER INFORMATION CONTACT: Ami
■ 2. The incorporation by reference in Joy Dziekan, (202) 326–2648, BCP,
February 26, 1979); and (3) does not 14 CFR 71.1 of FAA Order 7400.11A,
warrant preparation of a regulatory Federal Trade Commission, 600
Airspace Designations and Reporting Pennsylvania Avenue NW., Room CC–
evaluation because the anticipated
Points, dated August 3, 2016 and 9225, Washington, DC 20580.
impact is so minimal. Since this is a
effective September 15, 2016, is SUPPLEMENTARY INFORMATION: To comply
routine matter that only affects air traffic
amended as follows: with the Do-Not-Call Registry Fee
procedures and air navigation, it is
certified that this rule does not have a Paragraph 6010(a)—Domestic VOR Federal Extension Act of 2007 (Pub. L. 110–188,
significant economic impact on a Airways 122 Stat. 635) (‘‘Act’’), the Commission
substantial number of small entities is amending the TSR by updating the
* * * * *
under the criteria of the Regulatory fees entities are charged for accessing
Flexibility Act. V–7 [Amended] the Registry as follows: The revised rule
From Dolphin, FL; INT Dolphin 299° and increases the annual fee for access to the
Environmental Review Registry for each area code of data from
Lee County, FL, 120° radials; Lee County;
The FAA has determined that this Lakeland, FL; Cross City, FL; Seminole, FL; $61 to $62 per area code, and increases
action of modifying the descriptions of Wiregrass, AL; INT Wiregrass 333° and the maximum amount that will be
VOR Federal airways V–7, and V–67, Montgomery, AL, 129° radials; Montgomery; charged to any single entity for
due to the planned decommissioning of Vulcan, AL; to Muscle Shoals, AL. From accessing area codes of data from
the Graham, TN, VORTAC. qualifies for Central City, KY; Pocket City, IN; INT Pocket $16,714 to $17,021. The fee per area
categorical exclusion under the National City 016° and Terre Haute, IN, 191° radials; code of data during the second six
Environmental Policy Act and its Terre Haute; Boiler, IN; Chicago Heights, IL; months of an entity’s annual
agency-specific implementing INT Chicago Heights 358° and Falls, WI, 170° subscription period increases from $30
regulations in FAA Order 1050.1F, radials; Falls; Green Bay, WI; Menominee, to $31.
‘‘Environmental Impacts: Policies and MI; to Sawyer, MI. The airspace below 2,000 These increases are in accordance
Procedures’’ regarding categorical feet MSL outside the United States is with the Act, which specifies that
exclusions for procedural actions at excluded. The portion outside the United beginning after fiscal year 2009, the
paragraph 5–6.5a, which categorically States has no upper limit. dollar amounts charged shall be
excludes from full environmental increased by an amount equal to the
V–67 [Amended]
impact review rulemaking actions that amounts specified in the Act, multiplied
sradovich on DSK3GMQ082PROD with RULES
designate or modify classes of airspace From Choo Choo, TN; to Shelbyville, TN. by the percentage (if any) by which the
areas, airways, routes, and reporting From Cunningham, KY; Marion, IL; average of the monthly consumer price
points. Therefore, this airspace action is Centralia, IL; INT Centralia 010° and index (for all urban consumers
not expected to result in any significant Vandalia, IL, 162° radials; Vandalia; Spinner, published by the Department of Labor)
environmental impacts. In accordance IL; Burlington, IA; Iowa City, IA; Cedar (‘‘CPI’’) for the most recently ended 12-
with FAA Order 1050.1F, paragraph Rapids, IA; Waterloo, IA; to Rochester, MN. month period ending on June 30
5–2 regarding Extraordinary * * * * * exceeds the CPI for the 12-month period
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![39534 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations
ending June 30, 2008. The Act also Pursuant to the Paperwork Reduction annual fee, and each person excepted
states that any increase shall be rounded Act, 44 U.S.C. 3501–3521, the Office of from paying an annual fee under
to the nearest dollar and that there shall Management and Budget (‘‘OMB’’) § 310.4(b)(1)(iii)(B), will be provided a
be no increase in the dollar amounts if approved the information collection unique account number that will allow
the change in the CPI is less than one requirements in the Amended TSR and that person to access the registry data
percent. For fiscal year 2009, the Act assigned the following existing OMB for the selected area codes at any time
specified that the original annual fee for Control Number: 3084–0097. The for the twelve month period beginning
access to the Registry for each area code amendments outlined in this Final Rule on the first day of the month in which
of data was $54 per area code, or $27 pertain only to the fee provision the person paid the fee (‘‘the annual
per area code of data during the second (§ 310.8) of the Amended TSR and will period’’). To obtain access to additional
six months of an entity’s annual not establish or alter any record area codes of data during the first six
subscription period, and that the keeping, reporting, or third-party months of the annual period, each
maximum amount that would be disclosure requirements elsewhere in person required to pay the fee under
charged to any single entity for the Amended TSR. paragraph (c) of this section must first
accessing area codes of data would be pay $62 for each additional area code of
List of Subjects in 16 CFR Part 310
$14,850. data not initially selected. To obtain
The determination whether a fee Advertising, Consumer protection, access to additional area codes of data
change is required and the amount of Reporting and recordkeeping during the second six months of the
the fee change involves a two-step requirements, Telephone, Trade annual period, each person required to
process. First, to determine whether a practices. pay the fee under paragraph (c) of this
fee change is required, we measure the Accordingly, the Federal Trade section must first pay $31 for each
change in the CPI from the time of the Commission amends part 310 of title 16 additional area code of data not initially
previous increase in fees. There was an of the Code of Federal Regulations as selected. The payment of the additional
increase in the fees for fiscal year 2017. follows: fee will permit the person to access the
Accordingly, we calculated the change additional area codes of data for the
in the CPI since last year, and the PART 310—TELEMARKETING SALES remainder of the annual period.
increase was 1.84 percent. Because this RULE
* * * * *
change is over the one percent
threshold, the fees will change for fiscal ■ 1. The authority citation for part 310 By direction of the Commission.
year 2018. continues to read as follows: Donald S. Clark,
Second, to determine how much the Authority: 15 U.S.C. 6101–6108; 15 U.S.C. Secretary.
fees should increase this fiscal year, we 6151–6155. [FR Doc. 2017–17437 Filed 8–18–17; 8:45 am]
use the calculation specified by the Act ■ 2. In § 310.8, revise paragraphs (c) and BILLING CODE 6750–01–P
set forth above, the percentage change in (d) to read as follows:
the baseline CPI applied to the original
fees for fiscal year 2009. The average § 310.8 Fee for access to the National Do
DEPARTMENT OF HEALTH AND
value of the CPI for July 1, 2007 to June Not Call Registry.
HUMAN SERVICES
30, 2008 was 211.702; the average value * * * * *
for July 1, 2016 to June 30, 2017 was (c) The annual fee, which must be Food and Drug Administration
242.656, an increase of 14.62 percent. paid by any person prior to obtaining
Applying the 14.62 percent increase to access to the National Do Not Call 21 CFR Part 860
the base amount from fiscal year 2009, Registry, is $62 for each area code of
data accessed, up to a maximum of [Docket No. FDA–2013–N–1529]
leads to an increase from $61 to $62 in
the fee from last year for access to a $17,021; provided, however, that there Medical Device Classification
single area code of data for a full year shall be no charge to any person for Procedures; Change of Address;
for fiscal year 2018. The actual amount accessing the first five area codes of Technical Amendment
is $61.89, but when rounded, pursuant data, and provided further, that there
to the Act, the amount is $62. The fee shall be no charge to any person AGENCY: Food and Drug Administration;
for accessing an additional area code for engaging in or causing others to engage HHS.
a half year increases from $30 to $31 in outbound telephone calls to Final rule; technical
ACTION:
(rounded from $30.95). The maximum consumers and who is accessing area amendment.
amount charged increases to $17,021 codes of data in the National Do Not
(rounded from $17,021.07). Call Registry if the person is permitted SUMMARY: The Food and Drug
Administrative Procedure Act; to access, but is not required to access, Administration (FDA or Agency) is
Regulatory Flexibility Act; Paperwork the National Do Not Call Registry under amending the Medical Device
Reduction Act. The revisions to the Fee this Rule, 47 CFR 64.1200, or any other Classification Procedures regulation to
Rule are technical in nature and merely Federal regulation or law. No person reflect a change in address for the
incorporate statutory changes to the may participate in any arrangement to Center for Devices and Radiological
TSR. These statutory changes have been share the cost of accessing the National Health (CDRH). This action is editorial
adopted without change or Do Not Call Registry, including any in nature and is intended to improve the
interpretation, making public comment arrangement with any telemarketer or accuracy of the Agency’s regulations.
unnecessary. Therefore, the Commission service provider to divide the costs to DATES: This rule is effective August 21,
sradovich on DSK3GMQ082PROD with RULES
has determined that the notice and access the registry among various clients 2017.
comment requirements of the of that telemarketer or service provider. FOR FURTHER INFORMATION CONTACT:
Administrative Procedure Act do not (d) Each person who pays, either Karen Fikes, Center for Devices and
apply. See 5 U.S.C. 553(b). For this directly or through another person, the Radiological Health, Food and Drug
reason, the requirements of the annual fee set forth in paragraph (c) of Administration, 10903 New Hampshire
Regulatory Flexibility Act also do not this section, each person excepted Ave., Bldg. 66, Rm. 5244, Silver Spring,
apply. See 5 U.S.C. 603, 604. under paragraph (c) from paying the MD 20993–0002, 301–796–9603.
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Document Created: 2017-08-19 00:44:51
Document Modified: 2017-08-19 00:44:51
| 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 | This rule is effective October 1, 2017. | |
| Contact | Ami Joy Dziekan, (202) 326-2648, BCP, Federal Trade Commission, 600 Pennsylvania Avenue NW., Room CC-9225, Washington, DC 20580. | |
| FR Citation | 82 FR 39533 | |
| RIN Number | 3084-AA98 | |
| CFR Associated | Advertising; Consumer Protection; Reporting and Recordkeeping Requirements; Telephone and Trade Practices |
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