83 FR 46639 - Telemarketing Sales Rule Fees

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 179 (September 14, 2018)

Page Range		46639-46641
FR Document		2018-20048

The Federal Trade Commission (the ``Commission'') 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 83 Issue 179 (Friday, September 14, 2018)

[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Rules and Regulations]
[Pages 46639-46641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20048]


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FEDERAL TRADE COMMISSION

RIN 3084-AA98

16 CFR Part 310


Telemarketing Sales Rule Fees

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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[[Page 46640]]

SUMMARY: The Federal Trade Commission (the ``Commission'') 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 final rule (the revised fees) will become effective October 
1, 2018.

ADDRESSES: Copies of this document are available on the internet at the 
Commission's website: https://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Ami Joy Dziekan, (202) 326-2648, 
Bureau of Consumer Protection, 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 $62 to $63 per area code; and increases the maximum amount 
that will be charged to any single entity for accessing area codes of 
data from $17,021 to $17,406. Entities may add area codes during the 
second six months of their annual subscription; the fee for those 
additional area codes of data increases from $31 to $32.
    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 since the last fee increase 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 2018. Accordingly, we calculated the change in the 
CPI since last year, and the increase was 2.25 percent. Because this 
change is over the one percent threshold, the fees will change for 
fiscal year 2019.
    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, 2017 to June 30, 
2018 was 248.126, an increase of 17.21 percent. Applying the 17.21 
percent increase to the base amount from fiscal year 2009, leads to a 
$63 fee for access to a single area code of data for a full year for 
fiscal year 2019, an increase of $1 from last year. The actual amount 
is $63.29, but when rounded, pursuant to the Act, $63 is the 
appropriate fee. The fee for accessing an additional area code for a 
half year increases from $31 to $32 (rounded from $31.65). The maximum 
amount charged increases to $17,406 (rounded from $17,405.69).
    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: 3084-0169. 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 $63 for each 
area code of data accessed, up to a maximum of $17,406; 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

[[Page 46641]]

pay $63 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 $32 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. 2018-20048 Filed 9-13-18; 8:45 am]
 BILLING CODE 6750-01-P

Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Rules and Regulations 46639

requirements for their importation, may (Approved by the Office of Management and 23, 2018) for Doc. No. FAA–2018–0328,
be found on the internet at https:// Budget under control number 0579–0049) amending Class D airspace, and Class E
epermits.aphis.usda.gov/manual. §§ 319.56–13 through 319.56–83 airspace extending upward from 700
(2) Fruits and vegetables authorized [Removed] feet or more above the surface at New
importation prior to October 15, 2018. Smyrna Beach Municipal Airport, New
Fruits and vegetables that were ■ 15. Sections 319.56–13 through Smyrna Beach, FL. Subsequent to
authorized importation under this 319.56–83 are removed. publication, the FAA found that the
subpart either directly by permit or by Done in Washington, DC, this 10th day of symbols of the longitude coordinate for
specific regulation as of October 15, September 2018. Massey Ranch Airpark, listed in the
2018 may continue to be imported into Greg Ibach, description under Class E airspace
the United States under the same Under Secretary for Marketing and Regulatory extending upward from 700 feet or more
requirements that applied before Programs. above the surface, was printed
October 15, 2018, except as provided in [FR Doc. 2018–19984 Filed 9–13–18; 8:45 am] incorrectly. Also, a parenthesis was
paragraph (c)(4) of this section. BILLING CODE 3410–34–P omitted from the geographic coordinates
(3) Other fruits and vegetables. Fruits of New Smyrna Beach Municipal
and vegetables not already authorized Airport. This action corrects these
for importation as described in errors.
DEPARTMENT OF TRANSPORTATION
paragraph (c)(2) of this section may be Class D and E airspace designations
authorized importation only after: Federal Aviation Administration are published in paragraphs 5000 and
(i) APHIS has analyzed the pest risk 6005, respectively, of FAA Order
posed by the importation of a fruit or 14 CFR Part 71 7400.11B dated August 3, 2017, and
vegetable from a specified foreign region effective September 15, 2017, which is
and has determined that the risk posed [Docket No. FAA–2018–0328; Airspace
Docket No. 18–ASO–7] incorporated by reference in 14 CFR
by each quarantine pest associated with part 71.1. The E airspace designations
the fruit or vegetable can be reasonably RIN 2120–AA66 listed in this document will be
mitigated by the application of one or
published subsequently in the Order.
more phytosanitary measures; Amendment of Class D Airspace and
(ii) APHIS has made its pest risk Class E Airspace, and Revocation of Correction to Final Rule
analysis and determination available for Class E Airspace: New Smyrna Beach, Accordingly, pursuant to the
public comment for at least 60 days FL authority delegated to me, in the
through a notice published in the
AGENCY: Federal Aviation Federal Register of August 23, 2018 (83
Federal Register; and
Administration (FAA), DOT. FR 42585) FR Doc. 2018–18035,
(iii) The Administrator has
ACTION: Final rule, correction. Amendment of D Airspace and Class E
announced his or her decision in a
Airspace, and Revocation of Class E
subsequent Federal Register notice to
SUMMARY: This action corrects a final Airspace; New Smyrna Beach, FL, is
authorize the importation of the fruit or
rule published in the Federal Register corrected as follows:
vegetable subject to the phytosanitary
on August 23, 2018, amending Class D
measures specified in the notice. § 71.1 [Amended]
airspace and Class E airspace extending
(4) Changes to phytosanitary
upward from 700 feet or more above the ASO FL E5 New Smyrna Beach, FL
measures. (i) If the Administrator
surface at New Smyrna Beach [Corrected]
determines that the phytosanitary
Municipal Airport, New Smyrna Beach, On page 42586, column 3 line 53,
measures required for a fruit or ■
FL. The longitude coordinate symbols remove Lat. 29°03′21″ N, long. 80°56′56″
vegetable that has been authorized
for Massey Ranch Airpark listed in Class W) and add in its place (Lat. 29°03′21″
importation under this subpart are no
E airspace areas extending upward from N, long. 80°56′56″ W).
longer sufficient to reasonably mitigate
700 feet were typed as degrees, minutes, ■ On page 42586, column 3 line 55,
the pest risk posed by the fruit or
minutes instead of degrees, minutes, remove (Lat. 28°58′44″ N, long.
vegetable, APHIS will prohibit or
and seconds. Also, a parenthesis was 80°55′29′ W) and add in its place (Lat.
further restrict importation of the fruit
excluded from the airport’s geographic 28°58′44″ N, long. 80°55′29″ W)
or vegetable. APHIS will also publish a
coordinates.
notice in the Federal Register advising Issued in College Park, Georgia, on
the public of its finding. The notice will DATES: Effective 0901 UTC, November 8, September 6, 2018.
specify the amended importation 2018. The Director of the Federal Ken Brissenden,
requirements, provide an effective date Register approves this incorporation by
Acting Manager, Operations Support Group,
for the change, and will invite public reference action under title 1, Code of Eastern Service Center, Air Traffic
comment on the subject. Federal Regulations, part 51, subject to Organization.
(ii) If the Administrator determines the annual revision of FAA Order [FR Doc. 2018–19978 Filed 9–13–18; 8:45 am]
that any of the phytosanitary measures 7400.11 and publication of conforming
BILLING CODE 4910–13–P
required for a fruit or vegetable that has amendments.
been authorized importation under this FOR FURTHER INFORMATION CONTACT: John
subpart are no longer necessary to Fornito, Operations Support Group,
reasonably mitigate the pest risk posed FEDERAL TRADE COMMISSION
Eastern Service Center, Federal Aviation
by the fruit or vegetable, APHIS will Administration, 1701 Columbia Av., RIN 3084–AA98
make new pest risk documentation
daltland on DSKBBV9HB2PROD with RULES

College Park, GA 30337; telephone (404)
available for public comment, in 305–6364. 16 CFR Part 310
accordance with paragraph (c)(3) of this SUPPLEMENTARY INFORMATION:
section, prior to allowing importation of Telemarketing Sales Rule Fees
the fruit or vegetable subject to the History
AGENCY: Federal Trade Commission.
phytosanitary measures specified in the The FAA published a final rule in the
ACTION: Final rule.
notice. Federal Register (83 FR 42585, August

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Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Rules and Regulations 46641

pay $63 for each additional area code of SUPPLEMENTARY INFORMATION: PBGC’s preceding the benefit’s placement in pay
data not initially selected. To obtain regulations on Allocation of Assets in status. In comparison with the interest
access to additional area codes of data Single-Employer Plans (29 CFR part assumptions in effect for September
during the second six months of the 4044) and Benefits Payable in 2018, these interest assumptions
annual period, each person required to Terminated Single-Employer Plans (29 represent no change in the immediate
pay the fee under paragraph (c) of this CFR part 4022) prescribe actuarial rate and no changes in i1, i2, or i3.
section must first pay $32 for each assumptions—including interest PBGC has determined that notice and
additional area code of data not initially assumptions—for valuing and paying public comment on this amendment are
selected. The payment of the additional plan benefits under terminating single- impracticable and contrary to the public
fee will permit the person to access the employer plans covered by title IV of interest. This finding is based on the
additional area codes of data for the the Employee Retirement Income need to determine and issue new
remainder of the annual period. Security Act of 1974 (ERISA). The interest assumptions promptly so that
* * * * * interest assumptions in the regulations the assumptions can reflect current
are also published on PBGC’s website market conditions as accurately as
By direction of the Commission.
(http://www.pbgc.gov). possible.
Donald S. Clark,
The interest assumptions in appendix Because of the need to provide
Secretary. B to part 4044 are used to value benefits immediate guidance for the valuation
[FR Doc. 2018–20048 Filed 9–13–18; 8:45 am] for allocation purposes under ERISA and payment of benefits under plans
BILLING CODE 6750–01–P section 4044. PBGC uses the interest with valuation dates during October
assumptions in appendix B to part 4022 2018, PBGC finds that good cause exists
to determine whether a benefit is for making the assumptions set forth in
PENSION BENEFIT GUARANTY payable as a lump sum and to determine this amendment effective less than 30
CORPORATION the amount to pay. Appendix C to part days after publication.
4022 contains interest assumptions for PBGC has determined that this action
29 CFR Parts 4022 and 4044 private-sector pension practitioners to is not a ‘‘significant regulatory action’’
refer to if they wish to use lump-sum under the criteria set forth in Executive
Allocation of Assets in Single-
interest rates determined using PBGC’s Order 12866.
Employer Plans; Benefits Payable in
historical methodology. Currently, the Because no general notice of proposed
Terminated Single-Employer Plans;
rates in appendices B and C of the rulemaking is required for this
Interest Assumptions for Valuing and
benefit payment regulation are the same. amendment, the Regulatory Flexibility
Paying Benefits
The interest assumptions are intended Act of 1980 does not apply. See 5 U.S.C.
AGENCY: Pension Benefit Guaranty to reflect current conditions in the 601(2).
Corporation. financial and annuity markets.
ACTION: Final rule. Assumptions under the asset allocation List of Subjects
regulation are updated quarterly; 29 CFR Part 4022
SUMMARY: This final rule amends the assumptions under the benefit payments
Pension Benefit Guaranty Corporation’s regulation are updated monthly. This Employee benefit plans, Pension
regulations on Benefits Payable in final rule updates the benefit payments insurance, Pensions, Reporting and
Terminated Single-Employer Plans and interest assumptions for October 2018 recordkeeping requirements.
Allocation of Assets in Single-Employer and updates the asset allocation interest 29 CFR Part 4044
Plans to prescribe interest assumptions assumptions for the fourth quarter
under the benefit payments regulation (October through December) of 2018. Employee benefit plans, Pension
for valuation dates in October 2018 and The fourth quarter 2018 interest insurance, Pensions.
interest assumptions under the asset assumptions under the allocation In consideration of the foregoing, 29
allocation regulation for valuation dates regulation will be 2.84 percent for the CFR parts 4022 and 4044 are amended
in the fourth quarter of 2018. The first 20 years following the valuation as follows:
interest assumptions are used for date and 2.76 percent thereafter. In
valuing and paying benefits under comparison with the interest PART 4022—BENEFITS PAYABLE IN
terminating single-employer plans assumptions in effect for the third TERMINATED SINGLE-EMPLOYER
covered by the pension insurance quarter of 2018, these interest PLANS
system administered by PBGC. assumptions represent a decrease of 5
DATES: Effective October 1, 2018. years in the select period (the period ■ 1. The authority citation for part 4022
FOR FURTHER INFORMATION CONTACT: during which the select rate (the initial continues to read as follows:
Melissa Rifkin (rifkin.melissa@ rate) applies), an increase of 0.31 Authority: 29 U.S.C. 1302, 1322, 1322b,
PBGC.gov), Attorney, Regulatory Affairs percent in the select rate, and an 1341(c)(3)(D), and 1344.
Division, Pension Benefit Guaranty increase of 0.12 percent in the ultimate ■ 2. In appendix B to part 4022, Rate Set
Corporation, 1200 K Street NW, rate (the final rate). 300 is added at the end of the table to
Washington, DC 20005, 202–326–4400, The October 2018 interest read as follows:
ext. 6563. (TTY users may call the assumptions under the benefit payments
Federal relay service toll free at 1–800– regulation will be 1.25 percent for the Appendix B to Part 4022—Lump Sum
877–8339 and ask to be connected to period during which a benefit is in pay Interest Rates For PBGC Payments
202–326–4400, ext. 6563.) status and 4.00 percent during any years * * * * *
daltland on DSKBBV9HB2PROD with RULES

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Document Created: 2018-09-14 03:03:50
Document Modified: 2018-09-14 03:03:50

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 final rule (the revised fees) will become effective October 1, 2018.
Contact		Ami Joy Dziekan, (202) 326-2648, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Room CC-9225, Washington, DC 20580.
FR Citation		83 FR 46639
RIN Number		3084-AA98
CFR Associated		Advertising; Consumer Protection; Reporting and Recordkeeping Requirements; Telephone and Trade Practices