Telemarketing Sales Rule Fees, 51477-51478 [2014-20745]
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Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations
26751, 3 CFR, 2004 Comp., p 168;
Presidential Determination 2003–23 of May
7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007–7 of
December 7, 2006, 72 FR 1899 (January 16,
2007); Notice of May 7, 2014, 79 FR 26589
(May 9, 2014); Notice of August 7, 2014, 79
FR 46959 (August 11, 2014).
51477
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108–
11, 117 Stat. 559; E.O. 12918, 59 FR 28205,
3 CFR, 1994 Comp., p. 899; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003–23 of May
7, 2003, 68 FR 26459, May 16, 2003; Notice
of August 7, 2014, 79 FR 46959 (August 11,
2014).
PART 748—[AMENDED]
■
16. The authority citation for 15 CFR
part 756 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
PART 774—[AMENDED]
■
11. The authority citation for 15 CFR
part 747 is revised to read as follows:
■
PART 772—[AMENDED]
PART 758—[AMENDED]
PART 747—[AMENDED]
PART 756—[AMENDED]
17. The authority citation for 15 CFR
part 758 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 7, 2014, 79
FR 46959 (August 11, 2014).
PART 760—[AMENDED]
18. The authority citation for 15 CFR
part 760 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
12. The authority citation for 15 CFR
part 748 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 7, 2014, 79 FR 46959 (August 11,
2014).
PART 762—[AMENDED]
19. The authority citation for 15 CFR
part 762 is revised to read as follows:
■
24. The authority citation for 15 CFR
part 772 is revised to read as follows:
25. The authority citation for 15 CFR
part 774 is revised to read as follows:
Dated: August 25, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2014–20674 Filed 8–28–14; 8:45 am]
BILLING CODE 3510–33–P
PART 750—[AMENDED]
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
FEDERAL TRADE COMMISSION
13. The authority citation for 15 CFR
part 750 is revised to read as follows:
PART 764—[AMENDED]
RIN 3084–AA98
20. The authority citation for 15 CFR
part 764 is revised to read as follows:
Telemarketing Sales Rule Fees
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; Sec 1503, Pub. L. 108–
11, 117 Stat. 559; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13637 of March 8, 2013, 78 FR 16129 (March
13, 2013); Presidential Determination 2003–
23 of May 7, 2003, 68 FR 26459, May 16,
2003; Notice of August 7, 2014, 79 FR 46959
(August 11, 2014).
PART 752—[AMENDED]
14. The authority citation for 15 CFR
part 752 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079,
3 CFR, 1996 Comp., p. 219; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 7, 2014, 79 FR 46959 (August 11,
2014).
15. The authority citation for 15 CFR
part 754 is revised to read as follows:
wreier-aviles on DSK5TPTVN1PROD with RULES
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 30 U.S.C. 185(s), 185(u); 42 U.S.C.
6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; E.O.
11912, 41 FR 15825, 3 CFR, 1976 Comp., p.
114; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 7, 2014, 79
FR 46959 (August 11, 2014).
15:18 Aug 28, 2014
Jkt 232001
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
PART 766—[AMENDED]
21. The authority citation for 15 CFR
part 766 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
PART 768—[AMENDED]
22. The authority citation for 15 CFR
part 768 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
PART 754—[AMENDED]
VerDate Mar<15>2010
■
PART 770—[AMENDED]
23. The authority citation for 15 CFR
part 770 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
16 CFR Part 310
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: The revised fees will become
effective October 1, 2014.
ADDRESSES: Copies of this document are
available on the Internet at the
Commission’s Web site: https://
www.ftc.gov.
SUMMARY:
Ami
Joy Dziekan, (202) 326–2648, BCP,
Federal Trade Commission, 600
Pennsylvania Avenue NW., Room CC–
9225, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: To comply
with the Do-Not-Call Registry Fee
Extension Act of 2007 (Pub. L. 110–188,
122 Stat. 635) (‘‘Act’’), the Commission
is amending the TSR by updating the
fees entities are charged for accessing
the Registry as follows: the revised rule
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\29AUR1.SGM
29AUR1
wreier-aviles on DSK5TPTVN1PROD with RULES
51478
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations
increases the annual fee for access to the
Registry for each area code of data from
$59 to $60 per area code; increases the
maximum amount that will be charged
to any single entity for accessing area
codes of data from $16,228 to $16,482;
and the fee per area code of data during
the second six months of an entity’s
annual subscription period remains $30.
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
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 2014.
Accordingly, we calculated the change
in the CPI since last year, and the
increase was 1.56 percent. Because this
change is over the one percent
threshold, the fees will change for fiscal
year 2015.
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, 2013 to June 30, 2014 was
234.966, an increase of 10.99 percent.
Applying the 10.99 percent increase to
the base amount from fiscal year 2009,
leads to an increase from $59 to $60 in
the fee from last year for access to a
single area code of data for a full year
for fiscal year 2015. The actual amount
is $59.93, but when rounded, pursuant
VerDate Mar<15>2010
15:18 Aug 28, 2014
Jkt 232001
to the Act, the amount is $60. The fee
for accessing an additional area code for
a half year remains $30 (rounded from
$29.97). The maximum amount charged
increases to $16,482.02 (rounded to
$16,482).
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
disclosure requirements elsewhere in
the Amended TSR.
Accordingly, the Federal Trade
Commission amends part 310 of title 16
of the Code of Federal Regulations as
follows:
PART 310—TELEMARKETING SALES
RULE
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,
each person required to pay the fee
under § 310.8(c) must first pay $60 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 $30 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.
*
*
*
*
*
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.
By direction of the Commission.
Janice Podoll Frankle,
Acting Secretary.
[FR Doc. 2014–20745 Filed 8–28–14; 8:45 am]
■
2. In § 310.8, revise paragraphs (c) and
(d) to read as follows:
BILLING CODE 6750–01–P
■
§ 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 $60 for each area code of
data accessed, up to a maximum of
$16,482; 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
PO 00000
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Fmt 4700
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 100 and 165
[Docket Number USCG–2014–0717]
RIN 1625–AA08; 1625–AA00
Special Local Regulation and Safety
Zone; Marine Events in Captain of the
Port Long Island Sound Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation
SUMMARY:
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51477-51478]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20745]
=======================================================================
-----------------------------------------------------------------------
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: The revised fees will become effective October 1, 2014.
ADDRESSES: Copies of this document are 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 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
[[Page 51478]]
increases the annual fee for access to the Registry for each area code
of data from $59 to $60 per area code; increases the maximum amount
that will be charged to any single entity for accessing area codes of
data from $16,228 to $16,482; and the fee per area code of data during
the second six months of an entity's annual subscription period remains
$30.
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 2014. Accordingly, we calculated the change in the
CPI since last year, and the increase was 1.56 percent. Because this
change is over the one percent threshold, the fees will change for
fiscal year 2015.
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, 2013 to June 30,
2014 was 234.966, an increase of 10.99 percent. Applying the 10.99
percent increase to the base amount from fiscal year 2009, leads to an
increase from $59 to $60 in the fee from last year for access to a
single area code of data for a full year for fiscal year 2015. The
actual amount is $59.93, but when rounded, pursuant to the Act, the
amount is $60. The fee for accessing an additional area code for a half
year remains $30 (rounded from $29.97). The maximum amount charged
increases to $16,482.02 (rounded to $16,482).
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.
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 $60 for each
area code of data accessed, up to a maximum of $16,482; 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 $60 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
$30 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.
Janice Podoll Frankle,
Acting Secretary.
[FR Doc. 2014-20745 Filed 8-28-14; 8:45 am]
BILLING CODE 6750-01-P
