Telemarketing Sales Rule Fees, 43354-43355 [E8-17064]

Download as PDF 43354 Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Rules and Regulations adequate controlled airspace to contain aircraft executing Standard Instrument Approach Procedures (SIAPs) and Obstacle Departure Procedures (ODPs). Two SIAPs are being amended for the Kivalina Airport. Additionally, one textual ODP is being developed. This action revises existing Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the surface at Kivalina Airport, Kivalina, AK. Effective Date: 0901 UTC, September 25, 2008. The Director of the Federal Register approves this incorporation by reference action under title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. DATES: Gary Rolf, AAL–538G, Federal Aviation Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513–7587; telephone number (907) 271–5898; fax: (907) 271–2850; e-mail: ary.ctr.rolf@faa.gov. Internet address: https://www.alaska.faa.gov/at. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with RULES History On Thursday May 29, 2008, the FAA proposed to amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise Class E airspace upward from 700 ft. above the surface and from 1,200 ft. above the surface at Kivalina, AK (73 FR 30827). The action was proposed in order to create Class E airspace sufficient in size to contain aircraft while executing instrument procedures for the Kivalina Airport. Class E controlled airspace extending upward from 700 ft. and 1,200 ft. above the surface in the Kivalina Airport area is revised by this action. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments were received. The rule is adopted as proposed. The area will be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. The Class E airspace areas designated as 700/1,200 ft. transition areas are published in paragraph 6005 of FAA Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order. VerDate Aug<31>2005 16:29 Jul 24, 2008 Jkt 214001 The Rule This amendment to 14 CFR part 71 revises Class E airspace at the Kivalina Airport, Alaska. This Class E airspace is revised to accommodate aircraft executing new and amended instrument procedures, and will be depicted on aeronautical charts for pilot reference. The intended effect of this rule is to provide adequate controlled airspace for Instrument Flight Rules (IFR) operations at the Kivalina Airport, Kivalina, Alaska. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle 1, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of airspace. Under that section, the FAA is charged with prescribing regulations to ensure the safe and efficient use of the navigable airspace. This regulation is within the scope of that authority because it creates Class E airspace sufficient in size to contain aircraft executing instrument procedures for the Kivalina Airport and represents the FAA’s continuing effort to safely and efficiently use the navigable airspace. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: I PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007, is amended as follows: I Paragraph 6005 Class E Airspace extending upward from 700 feet or more above the surface of the earth. * * * * * AAL AK E5 Kivalina, AK [Revised] Kivalina, Kivalina Airport, AK (Lat. 67°44′10″ N., long. 164°33′49″ W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Kivalina Airport, AK, and 3.9 miles either side of the 317° bearing from the Kivalina Airport, AK, extending from the 6.5mile radius to 11.1 miles northwest of the Kivalina Airport, AK; and that airspace extending upward from 1,200 feet above the surface within a 73-mile radius of the Kivalina Airport, AK. * * * * * Issued in Anchorage, AK, on July 17, 2008. Anthony M. Wylie, Manager, Alaska Flight Services Information Area Group. [FR Doc. E8–16977 Filed 7–24–08; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 310 RIN: 3084–AA98 Telemarketing Sales Rule Fees Federal Trade Commission. Final rule. AGENCY: ACTION: 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’’) so that they conform to the fee structure specified in the recently enacted Do-Not-Call Registry Fee Extension Act of 2007. E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 73, No. 144 / Friday, July 25, 2008 / Rules and Regulations Effective Date: This amendment will become effective on October 1, 2008. DATES: Requests for copies of this document should be sent to: Public Reference Branch, Federal Trade Commission, Room 130, 600 Pennsylvania Avenue, NW., Washington, DC 20580. Copies of this document are also available on the Internet at the Commission’s Web site: https://www.ftc.gov. FOR FURTHER INFORMATION CONTACT: Kelly A. Horne, (202) 326–3031, Division of Planning & Information, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW., 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 revising the Final Amended Fee Rule in the following manner: The revised rule decreases the annual fee for access to the Registry for each area code of data to $54 per area code, or $27 per area code of data during the second six months of an entity’s annual subscription period. The maximum amount that would be charged to any single entity for accessing area codes of data is decreased to $14,850. The revised rule retains the provisions regarding free access to the first five area codes of data by all entities, as well as free access by ‘‘exempt’’ organizations. As required by the Act, it expands the definition of ‘‘exempt’’ organizations to include any person permitted to access, but not required to access, the do-notcall registry, not only under the TSR, the Federal Communication Commission’s do-not-call rules found at 47 CFR 64.1200, or any other Federal law, but also under any other Federal regulation. Additionally, in accordance with the Act, beginning after fiscal year 2009, the dollar amounts charged shall be increased by an amount equal to the amounts specified in the Final Amended Fee Rule, whichever fee is applicable, 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. Any increase shall be rounded to the nearest dollar. There shall be no increase in the dollar amounts if the change in the CPI is less than 1 percent. The adjustments to the applicable fees, if any, shall be published in the Federal jlentini on PROD1PC65 with RULES ADDRESSES: VerDate Aug<31>2005 16:29 Jul 24, 2008 Jkt 214001 Register no later than September 1 of each year. 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 at this time, 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 recordkeeping, reporting, or third-party disclosure requirements elsewhere in the Amended TSR. I Accordingly, the Federal Trade Commission amends part 310 of title 16 of the Code of Federal Regulations as follows: PART 310—TELEMARKETING SALES RULE 1. The authority citation for part 310 continues to read as follows: I Authority: 15 U.S.C. 6101–6108; 15 U.S.C. 6151–6155. 2. Revise §§ 310.8(c) and (d) to read as follows: I § 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 $54 for each area code of data accessed, up to a maximum of $14,850; 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, PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 43355 the National Do Not Call Registry under this Rule, 47 CFR 64.1200, or any other Federal regulation or law. Any person accessing the National Do Not Call Registry may not participate in any arrangement to share the cost of accessing the 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 § 310.8(c), each person excepted under § 310.8(c) from paying the annual fee, and each person excepted from paying an annual fee under § 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 § 310.8(c) must first pay $54 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 § 310.8(c) must first pay $27 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. E8–17064 Filed 7–24–08; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF JUSTICE Drug Enforcement Administration 21 CFR Part 1310 [Docket No. DEA–299F] RIN 1117–AB12 Control of a Chemical Precursor Used in the Illicit Manufacture of Fentanyl as a List I Chemical Drug Enforcement Administration (DEA), Department of Justice. ACTION: Final rule. AGENCY: SUMMARY: The Drug Enforcement Administration (DEA) is finalizing the E:\FR\FM\25JYR1.SGM 25JYR1

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[Federal Register Volume 73, Number 144 (Friday, July 25, 2008)]
[Rules and Regulations]
[Pages 43354-43355]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17064]


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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.

-----------------------------------------------------------------------

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'') so that they conform to the fee structure specified in the 
recently enacted Do-Not-Call Registry Fee Extension Act of 2007.

[[Page 43355]]


DATES: Effective Date: This amendment will become effective on October 
1, 2008.

ADDRESSES: Requests for copies of this document should be sent to: 
Public Reference Branch, Federal Trade Commission, Room 130, 600 
Pennsylvania Avenue, NW., Washington, DC 20580. Copies of this document 
are also available on the Internet at the Commission's Web site: http:/
/www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Kelly A. Horne, (202) 326-3031, 
Division of Planning & Information, Bureau of Consumer Protection, 
Federal Trade Commission, 600 Pennsylvania Avenue, NW., 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 revising the Final Amended Fee Rule in the following 
manner: The revised rule decreases the annual fee for access to the 
Registry for each area code of data to $54 per area code, or $27 per 
area code of data during the second six months of an entity's annual 
subscription period. The maximum amount that would be charged to any 
single entity for accessing area codes of data is decreased to $14,850. 
The revised rule retains the provisions regarding free access to the 
first five area codes of data by all entities, as well as free access 
by ``exempt'' organizations. As required by the Act, it expands the 
definition of ``exempt'' organizations to include any person permitted 
to access, but not required to access, the do-not-call registry, not 
only under the TSR, the Federal Communication Commission's do-not-call 
rules found at 47 CFR 64.1200, or any other Federal law, but also under 
any other Federal regulation.
    Additionally, in accordance with the Act, beginning after fiscal 
year 2009, the dollar amounts charged shall be increased by an amount 
equal to the amounts specified in the Final Amended Fee Rule, whichever 
fee is applicable, 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. Any increase shall be rounded to the 
nearest dollar. There shall be no increase in the dollar amounts if the 
change in the CPI is less than 1 percent. The adjustments to the 
applicable fees, if any, shall be published in the Federal Register no 
later than September 1 of each year.

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 at this time, 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 recordkeeping, 
reporting, or third-party disclosure requirements elsewhere in the 
Amended TSR.

0
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. Revise Sec. Sec.  310.8(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 $54 for each 
area code of data accessed, up to a maximum of $14,850; 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. Any person accessing the National Do Not Call 
Registry may not participate in any arrangement to share the cost of 
accessing the 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 Sec.  310.8(c), each person 
excepted under Sec.  310.8(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 Sec.  310.8(c) must first pay $54 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 Sec.  310.8(c) must first pay 
$27 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. E8-17064 Filed 7-24-08; 8:45 am]
BILLING CODE 6750-01-P
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