Telemarketing Sales Rule Fees, 62596-62597 [2020-19137]
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62596
Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Rules and Regulations
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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]
=======================================================================
-----------------------------------------------------------------------
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