Telemarketing Sales Rule Fees, 53372-53373 [2022-18772]

Download as PDF 53372 Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Rules and Regulations originate, underwrite, and service single-family loans. Acceptable sources of supervision include: (i) Being a member of the Federal Reserve System. (ii) The Federal Deposit Insurance Corporation (FDIC). (iii) The National Credit Union Administration (NCUA). (iv) The Office of the Comptroller of the Currency (OCC). (v) The Federal Housing Finance Board regulating lenders within the Federal Home-Loan Bank (FHLB) system. (9) If lenders cannot meet the requirements under paragraphs (a)(1) through (8) of this section, they may demonstrate its ability to originate and underwrite loans by submitting appropriate documentation, examples of which include, but are not limited to: * * * * * (10) A lender that proposes to service loans that cannot meet paragraphs (a)(1) through (8) of this section must demonstrate its ability by submitting appropriate documentation, examples of which include but are not limited to: * * * * * (11) The financial requirements for non-supervised lenders not covered in paragraph (a)(8), must have: (i) A minimum adjusted net worth of $250,000, or $50,000 in working capital plus one percent of the total volume in excess of $25 million in guaranteed loans originated, serviced, or purchased during the lender’s prior fiscal year, up to a maximum required adjusted net worth of $2.5 million, and (ii) One or more lines of credit with a minimum aggregate of one million dollars. (b) * * * * * * * * (23) Provide documentation as required by the Agency to be reviewed every two years for lender participation and, (24) Provide evidence that principal officers have a minimum of two years of experience in originating or servicing guaranteed mortgage loans as recommended in OMB Circular A–129. Subpart C—Loan Requirements § 3555.105 [Amended] 3. Amend § 3555.105 paragraph (b) by removing paragraphs (b)(4) and (5) and redesignating paragraph (b)(6) as (b)(4). lotter on DSK11XQN23PROD with RULES1 ■ Subpart D—Underwriting the Applicant 4. Amend § 3555.151 by adding paragraph (i)(9) to read as follows: ■ § 3555.151 Eligibility Requirements. * * * VerDate Sep<11>2014 * * 15:59 Aug 30, 2022 Jkt 256001 (i) * * * (9) Applicants with delinquent child support payments subject to collection by administrative offset are ineligible unless the payments are brought current, the debt is paid in full, or otherwise satisfied. * * * * * Joaquin Altoro, Administrator, Rural Housing Service. [FR Doc. 2022–18626 Filed 8–30–22; 8:45 am] BILLING CODE 3410–XV–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: This final rule is effective October 1, 2022. 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 $69 to $75 per area code; and increases the maximum amount that will be charged to any single entity for accessing area codes of data from $19,017 to $20,740. Entities may add area codes during the second six months of their annual subscription period and the fee for those additional area codes increases from $35 to $38. 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 SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 any increase shall be rounded to the nearest dollar and 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 2022. Accordingly, we calculated the change in the CPI since last year, and the increase was 9.10 percent. Because this change is over the one percent threshold, the fees will change for fiscal year 2023. 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, 2008y, was 211.702; the average value for July 1, 2021, to June 30, 2022, was 296.311, an increase of 39.97 percent. Applying the 39.97 percent increase to the base amount from fiscal year 2009 leads to a $75 fee for access to a single area code of data for a full year for fiscal year 2023, an increase of $6 from last year. The actual amount is $75.42 but when rounded, pursuant to the Act, $75 is the appropriate fee. The fee for accessing an additional area code for a half year increases by three dollars to $38 (rounded from $37.71). The maximum amount charged increases to $20,740 (rounded from $20,739.95). 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 E:\FR\FM\31AUR1.SGM 31AUR1 Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 / Rules and Regulations 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. 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. lotter on DSK11XQN23PROD with RULES1 * * * * * (c) The annual fee, which must be paid by any person prior to obtaining access to the National Do Not Call Registry, is $75 for each area code of data accessed, up to a maximum of $20,740; 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 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 VerDate Sep<11>2014 15:59 Aug 30, 2022 Jkt 256001 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 $75 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 $38 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. Joel Christie, Acting Secretary. [FR Doc. 2022–18772 Filed 8–30–22; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF STATE 22 CFR Part 41 [Public Notice: 11809] RIN 1400–AE71 Visas: Eligibility for Diplomatic Visa Issuance In the United States Department of State. Final rule. AGENCY: ACTION: This rule is promulgated to add categories of nonimmigrants who may be issued nonimmigrant visas in the United States. This amendment will add a limited category of nonimmigrants who are born in the United States, but not subject to the jurisdiction thereof, to noncitizens maintaining A–1, A–2, C–2, C–3, G–1, G–3, G–4, or NATO nonimmigrant status and properly classifiable as such. The goal of these revisions is to codify the longstanding policy allowing such children to be SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 53373 issued diplomatic visas domestically to document their entitlement to A, C, G, or NATO nonimmigrant status. DATES: This rule is effective August 31, 2022. FOR FURTHER INFORMATION CONTACT: Andrea Lage, Acting Senior Regulatory Coordinator, Visa Services, Bureau of Consular Affairs, 600 19th Street NW, Washington, DC 20522, 202–485–7586, VisaRegs@state.gov. SUPPLEMENTARY INFORMATION: What changes to 22 CFR 41.111 does the Department propose? This rule amends the regulation identifying categories of nonimmigrants who may be issued nonimmigrant visas in the United States, by adding a limited category of nonimmigrants who are born in the United States, but not subject to the jurisdiction thereof, as they were born to certain nonimmigrants maintaining A–1, A–2, C–2, C–3, G–1, G–3, G–4, or NATO status and properly classifiable as such. Prior to this amendment, the regulation identifying categories of noncitizens authorized to obtain diplomatic nonimmigrant visas in the United States limited issuance to noncitizens ‘‘currently maintaining status’’ and ‘‘properly classifiable’’ in the A, C–2, C–3, G, or NATO nonimmigrant visa categories, and required that the noncitizens have evidence that they have ‘‘been lawfully admitted in that status or have, after admission, had their classification changed to that status’’ and their ‘‘period of authorized stay in the United Sates in that status has not yet expired.’’ 22 CFR 41.111(b)(1). The Department of State determines whether a noncitizen is maintaining A or G status, the most common visa categories impacted for purposes of the present rule. (See e.g., 8 CFR 214.2(a)(1) and (g)(1), which provide that A and G nonimmigrants are admitted to the United States by the Department of Homeland Security for the ‘‘duration of the period for which the alien continues to be recognized by the Secretary of State as being entitled to that status.’’) Noncitizens previously admitted to the United States who are seeking domestic visa issuance satisfy the requirement, set out in the amended regulation, that they have been ‘‘admitted [to the United States] in [A, C, G, or NATO] status’’ or have ‘‘had their classification changed to [A, C, G, or NATO] status’’ by providing documentation from the Department of Homeland Security, such as an I–94. Children born in the United States to parents maintaining certain A or G nonimmigrant status and benefiting E:\FR\FM\31AUR1.SGM 31AUR1

Agencies

[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53372-53373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18772]


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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: This final rule is effective October 1, 2022.

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 
$69 to $75 per area code; and increases the maximum amount that will be 
charged to any single entity for accessing area codes of data from 
$19,017 to $20,740. Entities may add area codes during the second six 
months of their annual subscription period and the fee for those 
additional area codes increases from $35 to $38.
    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 any increase shall be rounded to the 
nearest dollar and 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 2022. Accordingly, we calculated the change in the 
CPI since last year, and the increase was 9.10 percent. Because this 
change is over the one percent threshold, the fees will change for 
fiscal year 2023.
    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, 2008y, was 211.702; the average value for July 1, 2021, to 
June 30, 2022, was 296.311, an increase of 39.97 percent. Applying the 
39.97 percent increase to the base amount from fiscal year 2009 leads 
to a $75 fee for access to a single area code of data for a full year 
for fiscal year 2023, an increase of $6 from last year. The actual 
amount is $75.42 but when rounded, pursuant to the Act, $75 is the 
appropriate fee. The fee for accessing an additional area code for a 
half year increases by three dollars to $38 (rounded from $37.71). The 
maximum amount charged increases to $20,740 (rounded from $20,739.95).
    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

[[Page 53373]]

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. 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 $75 for each 
area code of data accessed, up to a maximum of $20,740; 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 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 $75 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 $38 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.
Joel Christie,
Acting Secretary.
[FR Doc. 2022-18772 Filed 8-30-22; 8:45 am]
BILLING CODE 6750-01-P
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