[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Rules and Regulations]
[Pages 57333-57334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18085]


=======================================================================
-----------------------------------------------------------------------

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 (``Commission'') is amending its 
Telemarketing Sales Rule (``TSR'') by updating the fees charged to 
entities accessing the National Do Not Call Registry (``Registry'') as 
required by the Do-Not-Call Registry Fee Extension Act of 2007.

DATES: This final rule is effective October 1, 2023.

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, which is contained in 16 CFR part 310, by updating 
the fees entities are charged for accessing the Registry. Specifically, 
the revised rule increases (1) the annual fee for access to the 
Registry for each area code of data from $75 to $78 per area code, and 
(2) the maximum amount that will be charged to any single entity for 
accessing area codes of data from $20,740 to $21,402. 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 $38 
to $39.
    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 of whether a fee change is required and the 
amount of the fee changes 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 2023. Accordingly, we calculated 
the change in the CPI since last year, and the increase was 3.0 
percent. Because this change is over the one percent threshold, the 
fees will change for fiscal year 2024.
    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, 2022, to June 
30, 2023, was 305.109, an increase of 44.12 percent. Applying the 44.12 
percent increase to the base amount from fiscal year 2009, leads to a 
$78 fee for access to a single area code of data for a full year for 
fiscal year 2024, an increase of $3 from last year. The actual amount 
is $77.83 but when rounded, pursuant to the Act, $78 is the appropriate 
fee. The fee for accessing an additional area code for a half year 
increases by one dollar to $39 (rounded from $38.91). The maximum

[[Page 57334]]

amount charged increases to $21,402 (rounded from $21,402.11).
    Administrative Procedure Act; Regulatory Flexibility Act; Paperwork 
Reduction Act. Under the Administrative Procedure Act (5 U.S.C. 
553(b)), an agency may waive the normal notice and comment requirements 
if it finds, for good cause, that they are impracticable, unnecessary, 
or contrary to the public interest. The fee adjustments set forth in 
this final rule are mandated by the Do-Not-Call Registry Fee Extension 
Act of 2007. Accordingly, the amendments to the TSR are merely 
technical in nature, making notice and comment unnecessary and contrary 
to the public interest. 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 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 TSR and 
will not establish or alter any record keeping, reporting, or third-
party disclosure requirements elsewhere in the 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.


Sec.  310.8  [Amended]

0
2. In Sec.  310.8:
0
a. Amend paragraph (c) by:
0
i. Removing ``$75'' and adding ``$78'' in its place; and
0
ii. Removing ``$20,740'' and adding ``$21,402'' in its place;
0
b. Amend paragraph (d) by:
0
i. Removing ``$75'' and adding ``$78'' in its place; and
0
ii. Removing ``$38'' and adding ``$39'' in its place.

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2023-18085 Filed 8-22-23; 8:45 am]
BILLING CODE 6750-01-P