Telemarketing Sales Rule Fees, 51477-51478 [2014-20745]

Download as PDF 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: http:// 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 Frm 00026 Fmt 4700 Sfmt 4700 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]


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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.

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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: http://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