Telemarketing Sales Rule Fees

CourtFederal Trade Commission
Citation86 FR 48301
Publication Date30 Aug 2021
Record Number2021-18263
48301
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
* * * * *
Issued in Washington, DC, on August 23,
2021.
George Gonzalez,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2021–18486 Filed 8–27–21; 8:45 am]
BILLING CODE 4910–13–P
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 (the revised fees)
is effective October 1, 2021.
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
$66 to $69 per area code; and increases
the maximum amount that will be
charged to any single entity for
accessing area codes of data from
$18,044 to $19,017. 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 $35 from $33.
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 2021.
Accordingly, we calculated the change
in the CPI since last year, and the
increase was 5.39 percent. Because this
change is over the one percent
threshold, the fees will change for fiscal
year 2022.
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, 2020, to June
30, 2021, was 271.696, an increase of
28.34 percent. Applying the 28.34
percent increase to the base amount
from fiscal year 2009, leads to a $69 fee
for access to a single area code of data
for a full year for fiscal year 2022, an
increase of $3 from last year. The actual
amount is $69.16, 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 three dollars to $35
(rounded from $34.58). The maximum
amount charged increases to $19,017
(rounded from $19,017.05).
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.
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 $69 for each area code of
data accessed, up to a maximum of
$19,017; 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.
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48302
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations
(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) of this section 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 $69 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 $35 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.
April J. Tabor,
Secretary.
[FR Doc. 2021–18263 Filed 8–27–21; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2021–0431]
RIN 1625–AA08
Special Local Regulation; Tampa Bay,
St. Petersburg, FL
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a special local regulation
for certain waters of Tampa Bay, St.
Petersburg, FL. This action is necessary
to provide for the safety of race
participants, participant vessels,
spectators, and the general public on
these navigable waters near the St.
Petersburg Pier during the St. Pete
Powerboat Grand Prix boat race. This
rule will establish an enforcement area
where all persons and vessels, except
those persons and vessels participating
in the high speed boat race, are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area without
obtaining permission from the Captain
of the Port St. Petersburg or a designated
representative.
DATES
: This rule is effective daily from
8 a.m. until 7 p.m. each day from
September 3, 2021, through September
5, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0431 in the search box and click
‘‘Search.’’ Click on Open Docket Folder
on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email Marine Science Technician First
Class Michael Shackleford, U.S. Coast
Guard Sector St. Petersburg Prevention
Department; telephone 813–228–2191,
email Michael.D.Shackleford@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. Immediate action is
needed to protect persons and property
from the potential safety hazards
associated with the power boat race.
The NPRM process would delay the
establishment of the temporary special
local regulation until after the date of
the event and compromise public safety.
We must establish this temporary
special local regulation immediately
and lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the
power boat race.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the St. Petersburg (COTP) has
determined that potential hazards
associated with the St. Pete Powerboat
Grand Prix, St. Petersburg, FL will be a
safety concern for anyone within cetain
waters adjacent to St. Petersburg Pier.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the
regulated area during the event.
IV. Discussion of the Rule
This rule establishes a temporary
special local regulation daily from 8:00
a.m. until 7:00 p.m. each day from
September 3, 2021, through Septenber 5,
2021. The temporary special local
regulation will establish an enforcement
area where designated representatives
may control vessel traffic as determined
by the prevailing conditions. The
enforcement area will cover all
navigable waters of Tampa Bay near the
St. Petersburg Pier inside an area
commencing at latitude 27°4656N,
082°3656W, thence to position
27°479N, 082°3433W, thence to
position 27°467N, 082°3429W,
thence to position 27°4559N,
082°373W, thence to position
27°4624N, 082°3730W, thence back
to the original position, 27°4656N,
082°3656W.
Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the COTP
St. Petersburg by telephone at (727)
824–7506, or a designated
representative via VHF radio on channel
16. If authorization to enter, transit
through, anchor in, or remain within the
regulated area is granted by the COTP
St. Petersburg or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP St. Petersburg or a designated
representative. The Coast Guard will
provide notice of the temporary special
local regulation by Local Notice to
Mariners, Broadcast Notice to Mariners,
and/or on-scene designated
representatives.
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