[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70095-70096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19431]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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 The Code of Federal Regulations is sold by the Superintendent of Documents. 
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  Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / 
Rules and Regulations  

[[Page 70095]]



FEDERAL TRADE COMMISSION

16 CFR Part 310

RIN 3084-AA98


Telemarketing Sales Rule Fees

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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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 rule is effective October 1, 2024.

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, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: To comply with the Do-Not-Call Registry Fee 
Extension Act of 2007 (Pub. L. 110-188, 122 Stat. 635, codified at 15 
U.S.C. 6152) (``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 $78 to $80 per area code, and (2) the maximum amount that 
will be charged to any single entity for accessing area codes of data 
from $21,402 to $22,038. 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 $39 to $40.
    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 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 2024. 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 2025.
    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, 2023, to June 
30, 2024, was 314.145, an increase of 48.40 percent. Applying the 48.40 
percent increase to the base amount from fiscal year 2009, leads to a 
$80 fee for access to a single area code of data for a full year for 
fiscal year 2025, an increase of $2 from last year. The actual amount 
is $80.14 but when rounded, pursuant to the Act, $80 is the appropriate 
fee. The fee for accessing an additional area code for a half year 
increases by one dollar to $40 (rounded from $40.07. The maximum amount 
charged increases to $22,038 (rounded from $22,038.05).

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

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1. The authority citation for part 310 continues to read as follows:

    Authority:  15 U.S.C. 6101-6108.


Sec.  310.8  [Amended]

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2. In Sec.  310.8:
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a. Revise paragraph (c) by:
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i. Removing ``$78'' and adding ``$80'' in its place; and
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ii. Removing ``$21,402'' and adding ``$22,038'' in its place;
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b. Revise paragraph (d) by:

[[Page 70096]]

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i. Removing ``$78'' and adding ``$80'' in its place; and
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ii. Removing ``$39'' and adding ``$40'' in its place.

    By direction of the Commission.
April J. Tabor,
Secretary.
[FR Doc. 2024-19431 Filed 8-28-24; 8:45 am]
BILLING CODE 6750-01-P