Telemarketing Sales Rule Fees, 59845-59846 [2016-20817]
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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
Issued in Renton, Washington, on August
18, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–20680 Filed 8–30–16; 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: The revised fees will become
effective October 1, 2016.
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
increases the annual fee for access to the
Registry for each area code of data from
$60 to $61 per area code; increases the
maximum amount that will be charged
to any single entity for accessing area
codes of data from $16,482 to $16,714;
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
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SUMMARY:
VerDate Sep<11>2014
14:15 Aug 30, 2016
Jkt 238001
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. The last fees
increase was for fiscal year 2015.
Accordingly, we calculated the change
in the CPI since fiscal year 2015, and the
increase was 1.41 percent. Because this
change is over the one percent
threshold, the fees will change for fiscal
year 2017.
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, 2015 to June 30, 2016 was
238.276, an increase of 12.55 percent.
Applying the 12.55 percent increase to
the base amount from fiscal year 2009,
leads to an increase from $60 to $61 in
the fee from last year for access to a
single area code of data for a full year
for fiscal year 2017. The actual amount
is $60.78, but when rounded, pursuant
to the Act, the amount is $61. The fee
for accessing an additional area code for
a half year remains $30 (rounded from
$30.39). The maximum amount charged
increases to $16,714 (rounded from
$16,713.68).
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.
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59845
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 $61 for each area code of
data accessed, up to a maximum of
$16,714; 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. No person
may participate in any arrangement to
share the cost of accessing the National
Do Not Call 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 paragraph (c) of
this section, each person excepted
under paragraph (c) from paying the
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59846
Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Rules and Regulations
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
paragraph (c) must first pay $61 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
paragraph (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.
Donald S. Clark,
Secretary.
[FR Doc. 2016–20817 Filed 8–30–16; 8:45 am]
BILLING CODE 6750–01–P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1304
When Obstructions on Certain
Tributaries of the Tennessee River Do
Not Require a Section 26a Permit from
the Tennessee Valley Authority
Tennessee Valley Authority.
Interpretive Rule.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) is issuing guidance
stating that certain structures, while
obstructions across, along, or in certain
tributaries of the Tennessee River, do
not need a Section 26a permit from
TVA, because they have an
indiscernible effect on navigation, flood
control or public lands or reservations.
DATES: Effective August 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Rebecca C. Tolene, Vice President,
Natural Resources, Tennessee Valley
Authority, Knoxville, Tennessee (865–
632–4433).
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Legal Authority
This interpretive rule is promulgated
under the authority of the TVA Act, as
amended, 16 U.S.C. 831–831ee.
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14:15 Aug 30, 2016
Jkt 238001
II. Background
Section 26a of the TVA Act requires
that TVA’s approval be obtained prior to
the construction, operation, or
maintenance of any dam, appurtenant
works, or other obstruction affecting
navigation, flood control, or public
lands or reservations across, along, or in
the Tennessee River or any of its
tributaries. 16 U.S.C. 831y–1 (2012).
TVA’s rules governing such approval
are codified at 18 CFR part 1304. The
rules include a permitting process
whereby applicants may request from
TVA a permit for various structures
such as boat docks, piers, shoreline
stabilization projects, dams, and
bridges, all of which qualify as
‘‘obstructions’’ under TVA’s regulations.
An obstruction is generally any manmade physical condition that during its
continuance after completion
impounds, checks, hinders, restricts,
retards, diverts, or otherwise interferes
with the movement of water or of
objects on or in the water. Over the
years, TVA has found that certain
obstructions because of their location,
the nature of their construction, or both
have not discernibly interfered with the
operation or management of the TVA
reservoir system. In particular, this has
occurred at locations across, along, or in
certain tributary reaches that are
upstream of the control or influence of
TVA’s reservoir system operations. For
the purpose of this rule, these are called
upstream tributary reaches. At these
locations, certain obstructions have an
indiscernible impact on water surface
elevations in the reservoir system or the
flow or volume of water entering the
reservoir system and thereby do not
materially interfere with TVA’s flood
control or navigation responsibilities.
Furthermore, at these locations, TVA
does not typically own property and
therefore construction does not affect or
interfere with the management of TVA’s
property. These obstructions include,
but are not limited to, stream bank
stabilization, bridges and culverts,
stream crossings, fences, launching
ramps, boat docks, piers, and certain
fills and intakes. For these reasons, TVA
has determined that certain obstructions
do not require approval pursuant to
Section 26a of the TVA Act when
located across, along, or in an upstream
tributary reach of the Tennessee River.
Conversely, based on years of
permitting experience, TVA has found
that other obstructions across, along, or
in upstream tributary reaches do
potentially interfere with the
management of TVA’s reservoir system.
These include, but are not limited to,
structures such as dams,
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Frm 00020
Fmt 4700
Sfmt 4700
impoundments, interbasin transfers and
certain water intakes. TVA will
continue to require approval of these
and other obstructions not set forth in
Section III of this Interpretive Rule,
when located across, along, or in an
upstream tributary reach.
The Tennessee River has a 41,000square-mile drainage basin. Thousands
of miles of upstream tributary reaches
ultimately flow into the Tennessee
River, making it impractical to identify
each upstream tributary reach in this
rule. For the purpose of this rule,
upstream tributary reaches do not
include the following:
(1) The Tennessee River;
(2) TVA reservoirs, (TVA reservoirs
are listed in Table 1);
(3) stream reaches within a TVA
reservoir, the 500-year floodplain of the
Tennessee River, or both;
(4) stream reaches downstream of a
TVA dam (these reaches are listed in
Table 2); and
(5) stream reaches where TVA owns
property (whether fee-owned property
or other property right, such as a right
to flood) in or adjacent to the reach
(including property adjacent to a TVA
reservoir or downstream of a TVA dam).
TVA will continue to review the
proposed construction of obstructions
located across, along, or in the abovelisted five categories of reservoirs and
reaches. These reservoirs and stream
reaches are controlled or influenced by
the operation of TVA’s reservoir system.
As discussed in more detail below,
individual members of the public are
encouraged to contact a TVA
representative for help in determining
whether their location is across, along,
or in a reservoir or stream reach in the
above-listed five categories or across,
along, or in an upstream tributary reach.
III. Scope of Interpretive Rule
TVA hereby clarifies that, going
forward, the construction of the
following obstructions across, along, or
in an upstream tributary reach of the
Tennessee River, does not require a
Section 26a permit from TVA:
(a) Stream bank, bed, or channel
stabilization structures—Natural or
man-made obstructions to stabilize and
protect banks, beds, or channels of
streams or excavated channels (e.g.,
vegetation, riprap, gabions, fiber rolls,
stacked rock, retaining walls, etc.);
(b) Stream restoration, enhancement,
relocation, or treatment structures—
Natural or man-made obstructions for
relocating a stream or for restoring or
improving the stream’s function (e.g.,
weirs or sills, boulders, wing deflectors,
log, brush, rock, trees, fill, etc.);
E:\FR\FM\31AUR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Rules and Regulations]
[Pages 59845-59846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20817]
=======================================================================
-----------------------------------------------------------------------
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, 2016.
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
increases the annual fee for access to the Registry for each area code
of data from $60 to $61 per area code; increases the maximum amount
that will be charged to any single entity for accessing area codes of
data from $16,482 to $16,714; 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. The last fees increase was
for fiscal year 2015. Accordingly, we calculated the change in the CPI
since fiscal year 2015, and the increase was 1.41 percent. Because this
change is over the one percent threshold, the fees will change for
fiscal year 2017.
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, 2015 to June 30,
2016 was 238.276, an increase of 12.55 percent. Applying the 12.55
percent increase to the base amount from fiscal year 2009, leads to an
increase from $60 to $61 in the fee from last year for access to a
single area code of data for a full year for fiscal year 2017. The
actual amount is $60.78, but when rounded, pursuant to the Act, the
amount is $61. The fee for accessing an additional area code for a half
year remains $30 (rounded from $30.39). The maximum amount charged
increases to $16,714 (rounded from $16,713.68).
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 $61 for each
area code of data accessed, up to a maximum of $16,714; 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. No person may participate in any arrangement to
share the cost of accessing the National Do Not Call 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 paragraph (c) of this section, each
person excepted under paragraph (c) from paying the
[[Page 59846]]
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 paragraph (c) must first pay $61 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 paragraph (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.
Donald S. Clark,
Secretary.
[FR Doc. 2016-20817 Filed 8-30-16; 8:45 am]
BILLING CODE 6750-01-P
