Telemarketing Sales Rule Fees, 51697-51698 [2012-21041]
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations
Issued in Burlington, Massachusetts, on
August 6, 2012.
Mark C. Fulmer,
Acting Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2012–21008 Filed 8–24–12; 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
charged to entities accessing the
National Do Not Call Registry (the
‘‘Registry’’) as required by the Do-NotCall Registry Fee Extension Act of 2007.
DATES: Effective Date: The revised fees
will become effective October 1, 2012.
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., Room 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
$56 to $58 per area code; increases the
fee per area code of data during the
second six months of an entity’s annual
subscription period from $28 to $29;
and increases the maximum amount
that will be charged to any single entity
for accessing area codes of data from
$15,503 to $15,962.
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
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:47 Aug 24, 2012
Jkt 226001
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
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 2012.
Accordingly, we calculated the change
in the CPI since last year, and the
increase was 2.93 percent. Because this
change is over the one percent
threshold, the fees will change for fiscal
year 2013.
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, 2011 to June 30, 2012 was
227.565, an increase of 7.49 percent.
Applying the 7.49 percent increase to
the base amount from fiscal year 2009,
leads to an increase from $56 to $58 in
the fee from last year for access to a
single area code of data for a full year
for fiscal year 2013. The actual amount
is $58.04, but when rounded, pursuant
to the Act, the amount is $58. The fee
for accessing an additional area code for
a half year increases to $29.02 (rounded
to $29). The maximum amount charged
increases to $15,962.26 (rounded to
$15,962).
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
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Fmt 4700
Sfmt 4700
51697
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
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. In § 310.8, revise paragraphs (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 $58 for each area code of
data accessed, up to a maximum of
$15,962; 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
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27AUR1
51698
Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations
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 $58 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 $29 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. 2012–21041 Filed 8–24–12; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF JUSTICE
28 CFR Part 0
[AG Order No. 3342–2012]
Authorization To Seize Property
Involved in Drug Offenses for
Administrative Forfeiture (2012R–9P)
Department of Justice.
Final rule.
AGENCY:
ACTION:
The Department of Justice is
amending its regulations to allow the
Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives
(ATF) to exercise, for a one-year period
following the effective date of this rule,
the authority to seize and
administratively forfeit property
involved in controlled substance
offenses. Many years of experience have
demonstrated that forfeiting the assets of
criminals is an essential tool in
combating criminal activity and
provides law enforcement with the
capacity to dismantle criminal
organizations that would continue to
function after the conviction and
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SUMMARY:
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14:47 Aug 24, 2012
Jkt 226001
incarceration of individual offenders.
Moreover, administrative forfeiture
permits the expedient and effective use
of this crucial law enforcement tool.
DATES: This rule is effective February
25, 2013.
FOR FURTHER INFORMATION CONTACT:
Denise Brown, Enforcement Programs
and Services, Bureau of Alcohol,
Tobacco, Firearms, and Explosives, U.S.
Department of Justice, 99 New York
Avenue NE., Washington, DC 20226,
telephone: (202) 648–7105.
SUPPLEMENTARY INFORMATION:
Background
The Attorney General has delegated to
ATF the authority to investigate, seize,
and forfeit property involved in a
violation or attempted violation within
its investigative jurisdiction. See 28 CFR
0.130(b). ATF investigations focusing on
violent crime frequently involve
complex criminal organizations with
multiple criminal enterprises and
uncover drug-related offenses in
addition to offenses within ATF’s
primary jurisdiction, such as violations
of the Gun Control Act, 18 U.S.C.
Chapter 44, or the Contraband Cigarette
Trafficking Act, 18 U.S.C. Chapter 114.
In such investigations, ATF does not
currently have authority under 21
U.S.C. Chapter 13 to seize for
administrative forfeiture property
involved in controlled substance
offenses. Instead, ATF generally refers
such property to the Drug Enforcement
Administration (DEA), which is
primarily responsible for investigating
violations of drug laws contained in title
21 of the United States Code. DEA then
initiates, processes, and concludes all
necessary forfeiture actions for the
controlled-substance-related property.
The Department of Justice believes
that forfeiting the assets of criminals is
an essential tool in combating criminal
activity and provides law enforcement
with the capacity to dismantle criminal
organizations that would continue to
function after conviction and
incarceration. The Department further
believes that administrative forfeiture
permits the expedient and effective use
of this crucial law enforcement tool.
An uncontested administrative
forfeiture can be perfected in 60–90
days for minimal cost, including the
statutorily required advertisement and
notice by registered mail. Conversely,
the costs associated with judicial
forfeiture can amount to hundreds or
thousands of dollars and the judicial
process generally can take anywhere
from 6 months to years. In the
meantime, the government incurs
additional costs if the property requires
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Fmt 4700
Sfmt 4700
storage or maintenance until a final
order of forfeiture can be obtained.
In recognition of the link between
drug trafficking and many criminal
organizations, the Attorney General has
authorized the Federal Bureau of
Investigation (FBI) to seize and forfeit
property under 21 U.S.C. 881. See 28
CFR 0.85(a). This delegation of authority
has allowed the FBI to more effectively
investigate and dismantle criminal
organizations.
ATF joined the Department of Justice
in January 2003 pursuant to the
Homeland Security Act of 2002 (Pub. L.
107–296). One of the primary missions
of the ATF is to combat firearm-related
violent crime. The nexus between drug
trafficking and firearm violence is well
established. The Attorney General,
however, has not previously delegated
to ATF title 21 seizure and forfeiture
authority. On review of the current role
and mission of ATF within the
Department of Justice, the Attorney
General has decided to authorize a
temporary delegation of title 21 seizure
and forfeiture authority to determine
whether such authority can enhance the
effectiveness of ATF in the investigation
of violent crimes involving firearms.
Consequently, by this final rule the
Attorney General is delegating
administrative seizure and forfeiture
authority under 21 U.S.C. 881 to the
ATF for a trial period of one year. The
language in this rule delegating
administrative forfeiture authority to
ATF is modeled after the language in
the FBI authorization. ATF may
continue to exercise this delegated
authority for all property in its
possession on or before the end of the
one-year period, even if this delegation
is not otherwise extended.
Final Rule
This rule amends the regulations in
28 CFR part 0 to authorize the Director
of ATF to exercise, for a period of one
year from the effective date of this final
rule, the authority to seize, forfeit, and
remit or mitigate the forfeiture of
property in accordance with 21 U.S.C.
881.
Forfeiting the assets of criminals is an
essential tool in combating criminal
activity and provides law enforcement
with the capacity to dismantle criminal
organizations that otherwise would
continue to function after conviction
and incarceration of individual
participants. The Attorney General has
decided to adopt a one-year delegation
of administrative seizure and forfeiture
authority to permit ATF to make
expedient and effective use of this
crucial law enforcement tool in the
investigation of organizations and
E:\FR\FM\27AUR1.SGM
27AUR1
]]>Agencies
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Pages 51697-51698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21041]
=======================================================================
-----------------------------------------------------------------------
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: Effective Date: The revised fees will become effective October
1, 2012.
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., Room 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 $56 to $58 per area code; increases the fee per area code
of data during the second six months of an entity's annual subscription
period from $28 to $29; and increases the maximum amount that will be
charged to any single entity for accessing area codes of data from
$15,503 to $15,962.
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 an increase in the
fees for fiscal year 2012. Accordingly, we calculated the change in the
CPI since last year, and the increase was 2.93 percent. Because this
change is over the one percent threshold, the fees will change for
fiscal year 2013.
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, 2011 to June 30,
2012 was 227.565, an increase of 7.49 percent. Applying the 7.49
percent increase to the base amount from fiscal year 2009, leads to an
increase from $56 to $58 in the fee from last year for access to a
single area code of data for a full year for fiscal year 2013. The
actual amount is $58.04, but when rounded, pursuant to the Act, the
amount is $58. The fee for accessing an additional area code for a half
year increases to $29.02 (rounded to $29). The maximum amount charged
increases to $15,962.26 (rounded to $15,962).
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 $58 for each
area code of data accessed, up to a maximum of $15,962; 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
[[Page 51698]]
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 $58 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
$29 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. 2012-21041 Filed 8-24-12; 8:45 am]
BILLING CODE 6750-01-P
