Telemarketing Sales Rule Fees, 62596-62597 [2020-19137]

Download as PDF 62596 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES d.4. An uncorrected single event upset sensitivity of 1 x 10¥10 errors/bit/day or less, for the CRE`ME–MC geosynchronous orbit, Solar Minimum Environment for heavy ion flux; and d.5. An uncorrected single event upset sensitivity of 1 x 10¥3 errors/part or less for a fluence of 1 X 107 protons/cm2 for proton energy greater than 50 MeV. e. Microelectronic circuits (e.g., integrated circuits, microcircuits, or MOSFETs) and discrete electronic components that are rated, certified, or otherwise specified or described as meeting or exceeding the characteristics in either paragraph e.1 or e.2, AND ‘‘specially designed’’ for defense articles controlled by USML Category XV or items controlled by ECCNs 9A004.u or 9A515: e.1. A total dose ≥1 X 105 Rads (Si) (1 x 103 Gy(Si)) and <5 X 105 Rads (Si) (5 x 103 Gy(Si)); and a single event effect (SEE) (i.e., single event latchup (SEL), single event burnout (SEB), or single event gate rupture (SEGR)) immunity to a linear energy transfer (LET) ≥80 MeV-cm2/mg; or e.2. A total dose ≥5 × 105 Rads (Si) (5 × 103 Gy (Si)) and not described in 9A515.d. Note 1 to 9A515.d and .e: Application specific integrated circuits (ASICs), integrated circuits developed and produced for a specific application or function, specifically designed or modified for defense articles and not in normal commercial use are controlled by Category XI(c) of the USML regardless of characteristics. Note 2 to 9A515.d and .e: See 3A001.a for controls on radiation-hardened microelectronic circuits ‘‘subject to the EAR’’ that are not controlled by 9A515.d or 9A515.e. f. Pressure suits (i.e., space suits) capable of operating at altitudes 55,000 feet above sea level. g. Remote sensing components ‘‘specially designed’’ for ‘‘spacecraft’’ described in ECCNs 9A515.a.1 through 9A515.a.4 as follows: g.1. Space-qualified optics (i.e., lens, mirror, membrane having active properties (e.g., adaptive, deformable)) with the largest lateral clear aperture dimension equal to or less than 0.35 meters; or with the largest clear aperture dimension greater than 0.35 meters but less than or equal to 0.50 meters; g.2. Optical bench assemblies ‘‘specially designed’’ for ECCN 9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4 ‘‘spacecraft;’’ or g.3. Primary, secondary, or hosted payloads that perform a function of ECCN 9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4 ‘‘spacecraft.’’ h. Spacecraft thrusters using bi-propellants or mono-propellants that provide thrust equal to or less than 150 lbf (i.e., 667.23 N) vacuum thrust. i. through w. [RESERVED] x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ and ‘‘attachments’’ that are ‘‘specially designed’’ for defense articles controlled by USML Category XV or items controlled by 9A515, and that are NOT: x.1. Enumerated or controlled in the USML or elsewhere within ECCNs 9A515 or 9A004; x.2. Microelectronic circuits and discrete electronic components; VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 x.3. Described in ECCNs 7A004 or 7A104; x.4. Described in an ECCN containing ‘‘space-qualified’’ as a control criterion (i.e., 3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o, 3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, 6A004.c and .d, 6A008.j.1, 6A998.b, or 7A003.d.2); x.5. Microwave solid state amplifiers and microwave assemblies (refer to ECCN 3A001.b.4 for controls on these items); x.6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8 for controls on these items); or x.7. Elsewhere specified in ECCN 9A515.y. Note to 9A515.x: ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ and ‘‘attachments’’ specified in USML subcategory XV(e) or enumerated in other USML categories are subject to the controls of that paragraph or category. y. Items that would otherwise be within the scope of ECCN 9A515.x but that have been identified in an interagency-cleared commodity classification (CCATS) pursuant to § 748.3(e) as warranting control in 9A515.y. y.1. Discrete electronic components not specified in 9A515.e; y.2. Space grade or for spacecraft applications thermistors; y.3. Space grade or for spacecraft applications RF microwave bandpass ceramic filters (Dielectric Resonator Bandpass Filters); y.4. Space grade or for spacecraft applications hall effect sensors; y.5. Space grade or for spacecraft applications subminiature (SMA and SMP) plugs and connectors, TNC plugs and cable and connector assemblies with SMA plugs and connectors; and y.6. Space grade or for spacecraft applications flight cable assemblies. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2020–18334 Filed 10–2–20; 8:45 am] BILLING CODE 3510–33–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’’) 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 October 5, 2020. The revised fees will be applicable October 1, 2020. ADDRESSES: Copies of this document are available on the internet at the SUMMARY: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Commission’s website: https:// www.ftc.gov. Ami Joy Dziekan (202–326–2648), Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Room CC–9225, Washington, DC 20580. FOR FURTHER INFORMATION CONTACT: To comply with the Do-Not-Call Registry Fee Extension Act of 2007 (15 U.S.C. 6152) (the ‘‘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 $65 to $66 per area code; and increases the maximum amount that will be charged to any single entity for accessing area codes of data from $17,765 to $18,044. Entities may add area codes during the second six months of their annual subscription period, and the fee for those additional area codes increases to $33 from $32. 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 since the last fee increase 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 2020. 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\05OCR1.SGM 05OCR1 Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations threshold, the fees will change for fiscal year 2021. 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, 2019, to June 30, 2020, was 257.230, an increase of 21.51 percent. Applying the 21.51 percent increase to the base amount from fiscal year 2009, leads to a $66 fee for access to a single area code of data for a full year for fiscal year 2021, an increase of $1 from last year. The actual amount is $65.62, but when rounded, pursuant to the Act, $66 is the appropriate fee. The fee for accessing an additional area code for a half year increases by one dollar to $33 (rounded from $32.81). The maximum amount charged increases to $18,044 (rounded from $18,044.24). 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: 3084–0169. 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. jbell on DSKJLSW7X2PROD with RULES 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: VerDate Sep<11>2014 16:09 Oct 02, 2020 Jkt 253001 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 the heading for part 310 to read as set forth above. ■ 3. 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 $66 for each area code of data accessed, up to a maximum of $18,044; 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 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) of this section must first pay $66 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) of this section must first pay $33 for each additional area code of data not initially PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 62597 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, Commissioner Slaughter and Commissioner Wilson not participating. April J. Tabor, Acting Secretary. [FR Doc. 2020–19137 Filed 10–2–20; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF EDUCATION 34 CFR Part 9 [Docket ID ED–2020–OGC–0150] RIN 1801–AA22 Rulemaking and Guidance Procedures Office of the General Counsel, Department of Education. ACTION: Interim final regulations. AGENCY: The Department of Education (Department) issues these interim final regulations to codify procedures relating to the issuance of rulemaking and guidance documents. These regulations implement an Executive order entitled ‘‘Promoting the Rule of Law Through Improved Agency Guidance Documents,’’ issued on Oct. 9, 2019, whose central principles are transparency and the presumption that guidance documents only clarify existing legal obligations and may not become a vehicle for implementing new, binding requirements on stakeholders or the public. In addition, these, these regulations outline how the Department will develop rules and the circumstances under which it will do so. SUMMARY: DATES: Effective date: These regulations are effective November 4, 2020. Comment due date: We must receive your comments on or before November 4, 2020. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or by postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. If you are submitting comments electronically, we strongly encourage you to submit any comments or attachments in Microsoft Word format. E:\FR\FM\05OCR1.SGM 05OCR1

Agencies

[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Rules and Regulations]
[Pages 62596-62597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19137]


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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.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (the ``Commission'') 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 October 5, 2020. The revised fees will be applicable 
October 1, 2020.

ADDRESSES: Copies of this document are available on the internet at the 
Commission's website: https://www.ftc.gov.

FOR FURTHER INFORMATION CONTACT: Ami Joy Dziekan (202-326-2648), Bureau 
of Consumer Protection, 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 (15 U.S.C. 6152) (the ``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 
$65 to $66 per area code; and increases the maximum amount that will be 
charged to any single entity for accessing area codes of data from 
$17,765 to $18,044. Entities may add area codes during the second six 
months of their annual subscription period, and the fee for those 
additional area codes increases to $33 from $32.
    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 since the last fee increase 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 2020. 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

[[Page 62597]]

threshold, the fees will change for fiscal year 2021.
    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, 2019, to June 
30, 2020, was 257.230, an increase of 21.51 percent. Applying the 21.51 
percent increase to the base amount from fiscal year 2009, leads to a 
$66 fee for access to a single area code of data for a full year for 
fiscal year 2021, an increase of $1 from last year. The actual amount 
is $65.62, but when rounded, pursuant to the Act, $66 is the 
appropriate fee. The fee for accessing an additional area code for a 
half year increases by one dollar to $33 (rounded from $32.81). The 
maximum amount charged increases to $18,044 (rounded from $18,044.24).
    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: 3084-0169. 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 the heading for part 310 to read as set forth above.

0
3. 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 $66 for each 
area code of data accessed, up to a maximum of $18,044; 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 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) of this section must first pay $66 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) 
of this section must first pay $33 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, Commissioner Slaughter and 
Commissioner Wilson not participating.
April J. Tabor,
Acting Secretary.
[FR Doc. 2020-19137 Filed 10-2-20; 8:45 am]
BILLING CODE 6750-01-P