Telemarketing Sales Rule Fees, 53636-53638 [2011-21992]
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53636
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations
(4) You may review copies of the
referenced revisions at the FAA, Small
Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the FAA, call
816–329–4148.
(5) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Kansas City, Missouri, on August
19, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–21876 Filed 8–26–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2011–0427; Airspace
Docket No. 11–AGL–7]
Amendment of Class E Airspace; Gary,
IN
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class E
airspace for Gary, IN, to accommodate
new Area Navigation (RNAV) Standard
Instrument Approach Procedures at
Gary/Chicago International Airport. The
FAA is taking this action to enhance the
safety and management of Instrument
Flight Rule (IFR) operations at the
airport. This action also updates the
airport name.
DATES: Effective date: 0901 UTC,
December 15, 2011. The Director of the
Federal Register approves this
incorporation by reference action under
1 CFR Part 51, subject to the annual
revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone (817) 321–
7716.
SUPPLEMENTARY INFORMATION:
Emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
History
On May 18, 2011, the FAA published
in the Federal Register a notice of
proposed rulemaking to amend Class E
airspace for Gary, IN, creating additional
VerDate Mar<15>2010
16:05 Aug 26, 2011
Jkt 223001
controlled airspace at Gary/Chicago
International Airport (76 FR 28686)
Docket No. FAA–2011–0427. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
FAA. No comments were received. Class
E airspace designations are published in
paragraph 6005 of FAA Order 7400.9U
dated August 18, 2010, and effective
September 15, 2010, which is
incorporated by reference in 14 CFR
Part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
controlled airspace for Gary/Chicago
International Airport, Gary, IN.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
creating additional Class E airspace
extending upward from 700 feet above
the surface for new standard instrument
approach procedures at Gary/Chicago
International Airport, Gary, IN. This
action also updates the airport name
from Gary Regional Airport to Gary/
Chicago International Airport, Gary, IN.
This action is necessary for the safety
and management of IFR operations at
the airport.
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. Therefore, this regulation: (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, when
promulgated, 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 U.S. 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 I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
■
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Frm 00006
Fmt 4700
Sfmt 4700
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:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
Part 71 continues to read as follows:
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 Part 71.1 of the Federal Aviation
Administration Order 7400.9U,
Airspace Designations and Reporting
Points, dated August 18, 2010, and
effective September 15, 2010, is
amended as follows:
■
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
AGL IN E5 Gary, IN [Amended]
Gary/Chicago International Airport, IN
(Lat. 41°36′59″ N., long. 87°24′46″ W.)
That airspace extending upward from 700
feet above the surface within a 6.7-mile
radius of Gary/Chicago International Airport,
and within 2 miles each side of the 124°
bearing from the airport extending from the
6.7-mile radius to 11.6 miles southeast of the
airport.
Issued in Fort Worth, Texas, on August 17,
2011.
Walter L. Tweedy,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2011–21908 Filed 8–26–11; 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:
The Federal Trade
Commission (the Commission or ‘‘FTC’’
is amending its Telemarketing Sales
Rule (‘‘TSR’’) by updating the fees
SUMMARY:
E:\FR\FM\29AUR1.SGM
29AUR1
Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations
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: Effective Date: The revised fees
will become effective October 1, 2011.
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:
https://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Ami
Joy Dziekan, (202) 326–2648, BCP,
Federal Trade Commission, 600
Pennsylvania Avenue, NW., Rm. H–246,
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
$55 to $56 per area code; increases the
fee per area code of data during the
second six months of an entity’s annual
subscription period from $27 to $28;
and increases the maximum amount
that will be charged to any single entity
for accessing area codes of data from
$15,058 to $15,503.
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 12month 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
VerDate Mar<15>2010
16:05 Aug 26, 2011
Jkt 223001
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 no
change in the fees for fiscal year 2011
because last year, there was an increase
in the CPI of 0.97 percent, which was
under the one percent CPI change
specified in the statute. Accordingly, we
calculated the change in the CPI since
we last changed the fee in fiscal year
2009, and the change was 3.00 percent.
Because this change is over the 1
percent threshold, the fees will change
for fiscal year 2012.
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, 2010 to June 30, 2011 was
221.087, an increase of 4.4 percent.
Applying the 4.4 percent increase to the
base amount from fiscal year 2009, leads
to an increase from $55 to $56 in the fee
from last year for access to a single area
code of data for a full year for fiscal year
2012. The actual amount is $56.38, but
when rounded, pursuant to the Act, the
amount is $56. The fee for accessing an
additional area code for a half year
increases to $28.19 (rounded to $28).
The maximum amount charged
increases to $15,503.40 (rounded to
$15,503).
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
(§ 310.8) of the Amended TSR and will
not establish or alter any record
keeping, reporting, or third-party
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53637
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
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.
2. Revise §§ 310.8(c) and (d) to read as
follows:
■
§ 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 $56 for each area code of
data accessed, up to a maximum of
$15,503; 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 § 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,
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53638
Federal Register / Vol. 76, No. 167 / Monday, August 29, 2011 / Rules and Regulations
each person required to pay the fee
under § 310.8(c) must first pay $56 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 $28 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. 2011–21992 Filed 8–26–11; 8:45 am]
BILLING CODE 6750–01–P
I. Background
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2010–1027; FRL–9457–2]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Infrastructure State
Implementation Plan Requirement To
Address Interstate Transport for the
2006 24-Hour PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the State of Delaware on
September 16, 2009, as supplemented
on April 27, 2011. The revision satisfies
the Clean Air Act (CAA) infrastructure
requirement that each State’s plan
contain adequate provisions prohibiting
its emissions from contributing
significantly to nonattainment in, or
interfering with maintenance by, any
other state with respect to the 2006 24hour fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS). EPA is approving this
revision in accordance with the
requirements of the CAA.
DATES: Effective Date: This final rule is
effective on September 28, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2010–1027. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Emcdonald on DSK2BSOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:05 Aug 26, 2011
Jkt 223001
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Delaware Department of
Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
On January 18, 2011 (76 FR 2853),
EPA published a notice of proposed
rulemaking (NPR) for the State of
Delaware. The NPR proposed approval,
and in the alternative, proposed
disapproval of Delaware’s infrastructure
SIP submittal intended to address
significant contribution to
nonattainment or interference with
maintenance in another state with
respect to the 2006 PM2.5 NAAQS, as
required by section 110(a)(2)(D)(i)(I) of
the CAA. The formal SIP revision was
submitted by the Delaware Department
of Natural Resources and Environmental
Control (DNREC) on September 16,
2009. As discussed in EPA’s January 18,
2011 NPR (76 FR 2853), DNREC
supplemented its September 16, 2009
submittal with a technical analysis
submitted to EPA for parallel-processing
on December 9, 2010. Since the time of
EPA’s January 18, 2011 NPR, DNREC
took the supplemental technical
analysis, for which it has requested
parallel-processing, through the public
notice and hearing procedures required
for SIP revisions by section 110 of the
CAA. On April 27, 2011, DNREC
submitted the technical analysis to EPA
as a formal supplement to its September
16, 2009 submittal. The technical
analysis submitted on April 27, 2011 is
exactly the same as the technical
analysis for which DNREC requested
parallel-processing on December 9,
2010, and which was included in the
rulemaking docket (EPA–R03–OAR–
2010–1027) for EPA’s January 18, 2011
NPR (76 FR 2853).
This final action addresses only those
portions of Delaware’s September 16,
2009 submittal that address the
110(a)(2)(D)(i)(I) requirements relating
to significant contribution to
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
nonattainment or interference with
maintenance in another state with
respect to the 2006 PM2.5 NAAQS. EPA
has taken separate action on certain
other portions of Delaware’s September
16, 2009 submittal. (See Docket ID No.
EPA–R03–OAR–2010–0158.)
II. EPA’s Evaluation of the SIP Revision
In the January 18, 2011 NPR (76 FR
2853), EPA proposed to approve, and in
the alternative, proposed to disapprove
Delaware’s SIP revision to address
significant contribution to
nonattainment or interference with
maintenance in another state with
respect to the 2006 PM2.5 NAAQS. The
NPR explained that if in the course of
reviewing and preparing responses to
the comments submitted on the
proposed ‘‘Federal Implementation
Plans to Reduce Interstate Transport of
Fine Particulate Matter and Ozone’’ (75
FR 45210, August 2, 2010, also known
as the Transport Rule), EPA’s additional
modeling and the adjustments made to
its technical analyses indicate that the
State of Delaware should not be subject
to or covered by the final Transport
Rule, EPA would take final action to
approve DNREC’s SIP. Alternatively, if
in the course of reviewing and preparing
responses to the comments submitted
on the proposed Transport Rule, EPA’s
additional modeling and the
adjustments made to its technical
analyses indicate that the State of
Delaware should be subject to and
covered by the final Transport Rule,
EPA would to take final action to
disapprove Delaware’s SIP revision for
infrastructure element 110(a)(2)(D)(i)(I)
for the 2006 PM2.5 NAAQS. The full
explanation and rationale for EPA’s
proposed action is discussed in the NPR
and will not be restated here.
On July 6, 2011, EPA promulgated the
Transport Rule, now referred to as the
‘‘Cross-State Air Pollution Rule’’
(CSAPR). EPA’s review of the comments
submitted on the proposed Transport
Rule and the additional modeling and
adjustments made to the technical
analyses for the final CSAPR indicate
that the State of Delaware is meeting its
obligations to address the requirements
of CAA section 110(a)(2)(D)(i)(I). EPA
has, therefore, determined that Delaware
is not subject to or covered by the
CSAPR. For additional information on
the final CSAPR, including the technical
support documents and the rationale for
EPA’s final determination that Delaware
does not significantly contribute to any
other state’s ability to attain or maintain
the 2006 PM2.5 NAAQS, please see
Docket ID No. EPA–HQ–OAR–2009–
0491 for the Federal Implementation
E:\FR\FM\29AUR1.SGM
29AUR1
Agencies
[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Rules and Regulations]
[Pages 53636-53638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21992]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 53637]]
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: Effective Date: The revised fees will become effective October
1, 2011.
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: https://www.ftc.gov.
FOR FURTHER INFORMATION CONTACT: Ami Joy Dziekan, (202) 326-2648, BCP,
Federal Trade Commission, 600 Pennsylvania Avenue, NW., Rm. H-246,
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 $55 to $56 per area code; increases the fee per area code
of data during the second six months of an entity's annual subscription
period from $27 to $28; and increases the maximum amount that will be
charged to any single entity for accessing area codes of data from
$15,058 to $15,503.
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. There was no change in the
fees for fiscal year 2011 because last year, there was an increase in
the CPI of 0.97 percent, which was under the one percent CPI change
specified in the statute. Accordingly, we calculated the change in the
CPI since we last changed the fee in fiscal year 2009, and the change
was 3.00 percent. Because this change is over the 1 percent threshold,
the fees will change for fiscal year 2012.
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, 2010 to June 30,
2011 was 221.087, an increase of 4.4 percent. Applying the 4.4 percent
increase to the base amount from fiscal year 2009, leads to an increase
from $55 to $56 in the fee from last year for access to a single area
code of data for a full year for fiscal year 2012. The actual amount is
$56.38, but when rounded, pursuant to the Act, the amount is $56. The
fee for accessing an additional area code for a half year increases to
$28.19 (rounded to $28). The maximum amount charged increases to
$15,503.40 (rounded to $15,503).
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. 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 $56 for each
area code of data accessed, up to a maximum of $15,503; 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,
[[Page 53638]]
each person required to pay the fee under Sec. 310.8(c) must first pay
$56 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 $28 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. 2011-21992 Filed 8-26-11; 8:45 am]
BILLING CODE 6750-01-P