11952 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

1FTC Rule 4.2(d), 16 CFR 4.2(d). The comment 

must be accompanied by an explicit request for 

confidential treatment, including the factual and 

legal basis for the request, and must identify the 

specific portions of the comment to be withheld 

from the public record. The request will be granted 

or denied by the Commission’s General Counsel, 

consistent with applicable law and the public 

interest. See FTC Rule 4.9(c), 16 CFR 4.9(c). 

confirm receipt of all applications 

within 10 days thereof. 

All eligible applications will be 

reviewed and scored by a Grant Review 

Board. The Board(s) will recommend 

selected applications for rejection or 

further funding consideration. The 

Director or his/her designee will finalize 

the scoring and selection process. All 

FY2009 grant applicants will be notified 

of results and all grant awards will be 

made by September 30, 2009. 

Applications that fail to adhere to 

eligibility or other major requirements 

will be administratively rejected by the 

Director or his/her designee. 

H. Contact 

Individuals wishing to apply for 

funding under this program should 

contact the Federal Mediation and 

Conciliation Service as soon as possible 

to obtain an application kit. Please 

consult the FMCS Web site (http:// 

www.fmcs.gov) to download forms and 

information. These kits and additional 

information or clarification can be 

obtained free of charge by contacting the 

Federal Mediation and Conciliation 

Service, Labor-Management Grants 

Program, 2100 K Street, NW., 

Washington, DC 20427, Linda Stubbs at 

(202) 606–8181 (lstubbs@fmcs.gov). 

Please consult the FMCS Web site 

(http://www.fmcs.gov) to download 

forms and information. 

Fran Leonard, 

Chief Financial Officer, Federal Mediation 

and Conciliation Service. 

[FR Doc. E9–6042 Filed 3–19–09; 8:45 am] 

BILLING CODE 6732–01–P 

FEDERAL TRADE COMMISSION 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Extension 

AGENCY: Federal Trade Commission 

(‘‘FTC’’ or ‘‘Commission’’). 

ACTION: Notice. 

SUMMARY: The information collection 

requirements described below will be 

submitted to the Office of Management 

and Budget (‘‘OMB’’) for review, as 

required by the Paperwork Reduction 

Act (‘‘PRA’’). The FTC is seeking public 

comments on its proposal to extend 

through May 31, 2012, the current PRA 

clearance for information collection 

requirements contained in its 

Telemarketing Sales Rule (‘‘TSR’’ or 

‘‘Rule’’). On November 26, 2008, OMB 

granted the FTC’s request for a shortterm extension of this clearance to May 

31, 2009, which focused on recent 

amendments to the Rule. 

DATES: Comments must be received on 

or before May 19, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to 

‘‘Telemarketing Sales Rule: FTC File No. 

P994414’’ to facilitate the organization 

of comments. Please note that your 

comment—including your name and 

your state—will be placed on the public 

record of this proceeding, including on 

the publicly accessible FTC website, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’s Social Security Number; 

date of birth; driver’s license number or 

other state identification number, or 

foreign country equivalent; passport 

number; financial account number; or 

credit or debit card number. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential. . . .,’’ as provided in 

Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and Commission Rule 4.10(a)(2), 

16 CFR 4.10(a)(2). Comments containing 

material for which confidential 

treatment is requested must be filed in 

paper form, must be clearly labeled 

‘‘Confidential,’’ and must comply with 

FTC Rule 4.9(c).1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

secure.commentworks.com/ftc-TSRPRA) 

(and following the instructions on the 

web-based form). To ensure that the 

Commission considers an electronic 

comment, you must file it on the webbased form at the weblink (https:// 

secure.commentworks.com/ftcTSRPRA). If this Notice appears at 

(http://www.regulations.gov/search/ 

index.jsp), you may also file an 

electronic comment through that 

website. The Commission will consider 

all comments that regulations.gov 

forwards to it. You may also visit the 

FTC website at http://www.ftc.gov to 

read the Notice and the news release 

describing it. 

A comment filed in paper form 

should include the ‘‘Telemarketing 

Sales Rule: FTC File No. P994414’’ 

reference both in the text and on the 

envelope, and should be mailed or 

delivered to the following address: 

Federal Trade Commission, Office of the 

Secretary, Room H-135 (Annex J), 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580. The FTC is requesting that 

any comment filed in paper form be sent 

by courier or overnight service, if 

possible, because U.S. postal mail in the 

Washington area and at the Commission 

is subject to delay due to heightened 

security precautions. 

The FTC Act and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

requirements should be sent to Craig 

Tregillus, Attorney, Division of 

Marketing Practices, Bureau of 

Consumer Protection, Federal Trade 

Commission, 600 Pennsylvania Ave., 

N.W., Room H-238, Washington, D.C. 

20580, (202) 326-2970. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, 44 U.S.C. 3501-3521, federal 

agencies must obtain approval from 

OMB for each collection of information 

they conduct or sponsor. ‘‘Collection of 

information’’ means agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. 44 U.S.C. 

3502(3); 5 CFR 1320.3(c). As required by 

section 3506(c)(2)(A) of the PRA, the 

FTC is providing this opportunity for 

public comment before requesting that 

OMB extend the existing paperwork 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11953 

2An ‘‘upsell’’ is the solicitation in a single 

telephone call of the purchase of goods or services 

after an initial transaction occurs. The solicitation 

may be made by or on behalf of a seller different 

from the seller in the initial transaction, regardless 

of whether the initial transaction and the 

subsequent solicitation are made by the same 

telemarketer (‘‘external upsell’’). Or, it may be made 

by or on behalf of the same seller as in the initial 

transaction, regardless of whether the initial 

transaction and subsequent solicitation are made by 

the same telemarketer (‘‘internal upsell’’). 

3 68 FR 4580 (Jan. 29, 2003). The Registry applies 

to any plan, program, or campaign to sell goods or 

services through interstate phone calls. This 

includes telemarketers who solicit consumers, often 

on behalf of third party sellers. It also includes 

sellers who provide, offer to provide, or arrange to 

provide goods or services to consumers in exchange 

for payment. It does not limit calls by political 

organizations, charities, or telephone surveyors. 

4 16 CFR § 310.4(b)(1)(iii)(B). 

5 16 CFR § 310.4(b)(3)(iv). Effective January 1, 

2005, the TSR was amended to require 

telemarketers to access the Registry at least once 

every 31 days. See 69 Fed. Reg. 16368 (Mar. 29, 

2004). 

6See 73 FR 51164 (Aug. 29, 2008). 

7By contrast, the revised standard for measuring 

the call abandonment rate does not impose any new 

or affect any existing reporting, recordkeeping or 

third-party disclosure requirements within the 

meaning of the PRA. That amendment relaxes the 

prior requirement that the abandonment rate be 

calculated on a ‘‘per day per campaign’’ basis by 

permitting, but not requiring, its calculation over a 

30-day period, as industry requested. Sellers and 

telemarketers already had established automated 

recordkeeping systems to document their 

compliance with the prior standard. The 

amendment likely reduces their overall compliance 

burden. The prior ‘‘per day’’ requirement effectively 

forced telemarketers to turn off their predictive 

dialers on the many occasions when spikes in call 

abandonment rates occur late in the day, thereby 

preventing realization of the cost savings that 

predictive dialers provide. 

8The prerecorded call amendment provides the 

first ever explicit authorization in the TSR for 

sellers and telemarketers to place prerecorded 

telemarketing calls to consumers. The pre-amended 

call abandonment prohibition of the TSR implicitly 

barred such calls by requiring that all telemarketing 

calls be connected to a sales representative, rather 

than a recording, within two seconds of the 

completed greeting of the person who answers. The 

amendment applies not only to prerecorded calls 

that are answered by a consumer, but also to 

prerecorded messages left on consumers’ answering 

machines or voicemail services. 

9See 73 FR 51164, 51166. 

clearance for the regulations noted 

herein. 

The FTC invites comments on: (1) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. All comments 

should be filed as prescribed in the 

ADDRESSES section above, and must be 

received on or before May 19, 2009. 

The TSR, 16 CFR 310, implements the 

Telemarketing and Consumer Fraud and 

Abuse Prevention Act, 15 U.S.C. 6101- 

6108 (‘‘Telemarketing Act’’), as 

amended by the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terroism Act (‘‘USA 

PATRIOT Act’’), Pub. L. 107056 (Oct. 

25, 2001). The Act seeks to prevent 

deceptive or abusive telemarketing 

practices in telemarketing, which, 

pursuant to the USA PATRIOT Act, 

includes calls made to solicit charitable 

contributions by third-party 

telemarketers. The Telemarketing Act 

mandated certain disclosures by 

telemarketers, and directed the 

Commission to include recordkeeping 

requirements in promulgating a rule to 

prohibit such practices. As required by 

the Telemarketing Act, the TSR 

mandates certain disclosures regarding 

telephone sales and requires 

telemarketers to retain certain records 

regarding advertising, sales, and 

employees. The required disclosures 

provide consumers with information 

necessary to make informed purchasing 

decisions. The required records are to be 

made available for inspection by the 

Commission and other law enforcement 

personnel to determine compliance with 

the Rule. Required records may also 

yield information helpful to measuring 

and redressing consumer injury 

stemming from Rule violations. 

In 2003, the Commission amended the 

TSR to include certain new disclosure 

requirements and to expand the Rule in 

other ways. See 68 FR 4580 (Jan. 29, 

2003). Specifically, the Rule was 

amended to cover upsells2 (not only in 

outbound calls, but also in inbound 

calls) and additional transactions were 

included under the Rule’s purview. For 

example, the Rule was extended to the 

solicitation by telephone of charitable 

donations by third-party telemarketers 

in response to the mandate of the USA 

PATRIOT Act. Finally, the amendments 

established the National Do Not Call 

Registry (‘‘Registry’’), permitting 

consumers to register, via either a tollfree telephone number or the Internet, 

their preference not to receive certain 

telemarketing calls.3 Accordingly, under 

the TSR, most sellers and telemarketers 

are required to refrain from calling 

consumers who have placed their 

numbers on the Registry.4 Moreover, 

sellers and telemarketers must 

periodically access the Registry to 

remove from their telemarketing lists 

the telephone numbers of those 

consumers who have registered.5

In 2008, the Commission promulgated 

amendments to the TSR regarding prerecorded calls, 16 CFR 310.4(b)(1)(v), 

and call abandonment rate calculations, 

16 CFR 310.4(b)(4)(i).6 The amendment 

regarding prerecorded calls added 

certain information collection 

requirements.7 Specifically, the 

amendment expressly authorized sellers 

and telemarketers to place outbound 

prerecorded telemarketing calls to 

consumers if: (1) the seller has obtained 

written agreements from those 

consumers to receive prerecorded 

telemarketing calls after a clear and 

conspicuous disclosure of the purpose 

of the agreement; and (2) the call 

discloses and provides an automated 

telephone keypress or voice-activated 

opt-out mechanism at the outset of the 

call.8 Although the opt-out mechanism 

requirement took effect on December 1, 

2008, the Commission deferred the 

compliance date for the written 

agreement requirement until September 

1, 2009, one year from its promulgation, 

to afford time for an orderly phase-in.9

Thus affected entities may still be taking 

steps toward compliance. Accordingly, 

with implementation of the opt-out 

mechanism presumably now satisfied 

by affected entities, the relevant focus 

going forward in estimating PRA burden 

centers on: (1) the establishment of 

recordkeeping and disclosure systems 

for the express agreement requirement 

of the prerecorded call amendment; and 

(2) the remaining provisions of the TSR 

that impose recordkeeping and 

disclosure obligations. 

Burden Statement: 

Estimated Annual Hours Burden: 

1,655,455 hours 

The estimated burden for 

recordkeeping is 22,772 hours for all 

industry members affected by the Rule. 

The estimated burden for the 

disclosures that the Rule requires for 

both the live telemarketing call 

provisions of the TSR and the 

prerecorded call amendments is 

1,632,683 hours (rounded to the nearest 

thousand) for all affected industry 

members. Thus, the total PRA burden is 

1,655,455 hours. These estimates are 

explained below. 

Number of Respondents: As a 

preliminary matter, only telemarketers 

and sellers, not telefunders (third-party 

telemarketers soliciting contributions on 

behalf of charities), are subject to the 

11954 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

10Telemarketers and telefunders must comply, 

however, with the abandoned call provisions of the 

TSR, and the opt out provisions of the 2008 

amendments. 

11For the sake of simplicity and to err 

conservatively, FTC staff’s burden estimates for 

provisions less likely to be applicable to telefunders 

(e.g., prize promotion disclosure obligations for 

outbound live calls, under 16 CFR 310.4(d)), will 

not be reduced by a separate estimate for the subset 

of telemarketers that are telefunders. Conversely, 

estimates of the number of new-entrant 

telemarketers will incorporate new-entrant 

telefunders. 

12An exempt entity is one that, although not 

subject to the TSR, chooses to voluntarily scrub its 

calling lists against the data in the Registry. 

13These entities would nonetheless likely be 

subject to the Federal Communications 

Commission’s (‘‘FCC’’) Telephone Consumer 

Protection Act regulations (‘‘FCC regulations’’), 

including the requirement that entities engaged in 

intrastate telephone solicitations access the 

Registry. 

14Staff assumes, for purposes of these 

calculations, that those telemarketers that make 

prerecorded calls download telephone numbers 

listed on the Registry, rather than conduct online 

searches, as the latter may consume considerably 

more time. Other telemarketers not placing the 

high-volume of automated prerecorded calls may 

elect to search online, rather than to download. 

15Although telemarketers that place prerecorded 

telemarketing calls on behalf of sellers must capture 

and transmit to the seller any requests they receive 

to place a consumer’s telephone number on the 

seller’s entity-specific do-not-call list, this de 

minimis obligation extends both to live and 

prerecorded telemarketing calls, and is subsumed 

within the PRA estimates shown above. 

16 If it is not feasible to obtain a written agreement 

at the point of sale after the written agreement 

requirement takes effect, sellers could, for example, 

obtain a customer’s email address and request an 

agreement via email to receive prerecorded calls. 

17Staff has already attributed 100 hours for each 

new-entrant seller to develop a recordkeeping 

system compliant with the TSR, which would also 

factor in the time to create and retain electronic 

records of agreements by customers to receive 

prerecorded calls. 

Registry provisions of the Rule, and 

only sellers, not telemarketers or 

telefunders, are subject to the new 

express agreement obligations 

attributable to the prerecorded call 

amendments.10 The Registry data does 

not separately account for telefunders; 

they are a subset of the overall number 

of telemarketing entities known to 

access the Registry for any given year. 

Thus, past FTC estimates that separately 

accounted for telefunders over-counted 

them.11 The following estimates have 

been adjusted accordingly. 

In calendar year 2008, 50,245 

telemarketing entities accessed the 

Registry. Of these entities, 1,158 were 

‘‘exempt’’ entities obtaining access to 

data.12 By definition, none of the 

exempt entities are subject to the TSR. 

In addition, 38,815 sellers and 10,272 

telemarketers accessed the Registry. Of 

those, however, 25,574 sellers and 7,178 

telemarketing entities with independent 

access to the Registry obtained data for 

just one state. Staff assumes that these 

entities are operating solely intrastate, 

and thus would not be subject to the 

TSR.13 Applying this Registry data, staff 

estimates that 14,335 telemarketing 

entities (50,245 - 1,158 - 34,752) are 

currently subject to the TSR, of which 

11,241 (38,815 - 27,574) are sellers and 

3,094 (10,272 - 7,178) are 

telemarketers.14

Absent information to the contrary, 

staff retains its prior estimate that 25 

new-entrant telefunders per year would 

need to set up recordkeeping systems 

that comply with the TSR. 

Recordkeeping Hours: 

A. Live Telemarketing Call Provisions of 

the TSR 

Staff estimates that the above-noted 

14,335 telemarketing entities subject to 

the Rule each require approximately 1 

hour per year to file and store records 

required by the TSR for an annual total 

of 14,335 burden hours. The 

Commission staff also estimates that 75 

new entrants per year would need to 

spend 100 hours each developing a 

recordkeeping system that complies 

with the TSR for an annual total of 

7,500 burden hours. These figures, 

based on prior estimates, are consistent 

with staff’s current knowledge of the 

industry. Thus, the total estimated 

annual recordkeeping burden for new 

and existing telemarketing entities, 

including the effects of the prerecorded 

call amendment, is 21,835 hours. 

B. Prerecorded Call Amendment 

As noted above, after September 1, 

2009, no prerecorded call may be placed 

by or on behalf of a seller unless the 

seller has obtained a written agreement 

from the person called to receive such 

calls. Thus, the recordkeeping 

obligations of the prerecorded call 

amendment fall on sellers rather than 

telemarketers.15

In view of its phase-in and the 

prerecorded call amendment’s 

clarification allowing written 

agreements to be created and 

maintained electronically pursuant to 

the Electronic Signatures In Global and 

National Commerce Act (commonly, ‘‘ESIGN’’), any initial burden caused by 

the transition from the previously 

required records of an established 

business relationship to the newly 

required records of a written agreement 

should not be material. Once the 

necessary systems and procedures are in 

place, any ongoing incremental burden 

to create and retain electronic records of 

agreements by new customers to receive 

prerecorded calls should be minimal.16

Accordingly, staff estimates that existing 

sellers subject to the prerecorded call 

amendment will require approximately 

1 hour to prepare and maintain records 

required by the amendment, and an 

estimated 75 new entrant-telemarketers 

(including telefunders) per year would 

require the same. This reflects a onetime modification of existing customer 

databases to include an additional field 

to record consumer agreements. 

Most of the 11,241 existing sellers, 

however, in anticipation of the 

September 1, 2009 compliance deadline, 

presumably will have set up already the 

necessary systems and procedures by or 

before the May 31, 2009 expiration of 

the PRA clearance for the TSR. At that 

point, sellers will have had 9 months’ 

advance notice, with just 3 months 

remaining between the expiring 

clearance and the compliance deadline. 

Allowing for this apportionment, 2,810 

remaining existing sellers (i.e., 3/12 of 

the 11,241 existing sellers) would still 

be setting up compliant systems 

between May 31,2009 and the 

September 1, 2009 compliance deadline, 

with no further set-up burden 

thereafter.17 Thus, annualized for an 

‘‘average’’ year over the prospective 3- 

year PRA clearance (May 31, 2009 - May 

31, 2012), this amounts to 937 hours per 

year. 

Disclosure Hours 

A. Live Telemarketing Call Provisions of 

the TSR 

Staff believes that in the ordinary 

course of business a substantial majority 

of sellers and telemarketers make the 

disclosures the Rule requires because to 

do so constitutes good business practice. 

To the extent this is so, the time and 

financial resources needed to comply 

with disclosure requirements do not 

constitute ‘‘burden.’’ 16 CFR 

1320.3(b)(2). Moreover, many state laws 

require the same or similar disclosures 

as the Rule mandates. Thus, the 

disclosure hours burden attributable 

solely to the Rule is far less than the 

total number of hours associated with 

the disclosures overall. As when the 

FTC last sought 3-year OMB clearance 

for this Rule, staff estimates that most of 

the disclosures the Rule requires would 

be made in at least 75 percent of 

telemarketing calls even absent the 

Rule. Accordingly, staff has continued 

to estimate that the hours burden for 

most of the Rule’s disclosure 

requirements is 25 percent of the total 

hours associated with disclosures of the 

type the TSR requires. 

Based on previous assumptions, staff 

estimates that of the 14,335 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11955 

18While staff does not have information directly 

stating the number of inbound telemarketers, it 

notes that, according to the DMA 21% of all direct 

marketing in 2007 was by inbound telemarketing 

and 20% was by outbound telemarketing. See DMA 

Statistical Fact Book (30th ed. 2008) at p. 17. 

Accordingly, based on such relative weighting, staff 

estimates that the number of inbound telemarketers 

is approximately 7,342 (14,335 x 21 ÷ (20 + 21)). 

19Some exceptions to this broad exemption exist, 

including solicitations regarding prize promotions, 

investment opportunities, business opportunities 

other than business arrangements covered by the 

Franchise Rule, advertisements involving goods or 

services described in § 310.3(a)(1)(vi), 

advertisements involving goods or services 

described in § 310.4(a)(2)-(5); and any instances of 

upselling included in such telephone calls. 

20For staff’s PRA burden calculations, only direct 

orders by telephone are relevant. That is, sales 

generated through leads or customer traffic are 

excluded from these calculations because such sales 

are not subject to the TSR’s recordkeeping and 

disclosure provisions. The direct sales total of 570 

million is based on an estimated 1.9 billion sales 

transactions from outbound calls being subject to 

FTC jurisdiction reduced by an estimated 30 

percent attributable to direct orders. This 

percentage estimate is drawn from DMA published 

data last appearing in the DMA Statistical Fact Book 

(2001), at p. 301. 

21See, e.g., 60 FR 32682, 32683 (June 23, 1995); 

63 FR 40713, 40714 (July 30, 1998); 66 FR 33701, 

33702 (June 25, 2001); 71 FR 28698, 28700 (May 17, 

2006). 

22 71 FR 3302, 3304 (Jan. 20, 2006); 71 FR 28698, 

28700. 

23See, e.g., 60 FR at 32683. 

24This assumption originated with industry 

response to the Commission’s 2003 Final Amended 

TSR. See 68 FR 4580, 4597 n.183 (Jan. 29, 2003). 

Although it was posited specifically regarding 

inbound calls, FTC staff will continue to apply this 

assumption to outbound calls as well, barring the 

receipt of any information to the contrary. 

25See the discussion in the text immediately 

following note 19. 

26FTC staff believes a typical firm will spend 

approximately 10 hours per year engaged in 

activities ensuring compliance with this provision 

of the Rule; this, too, has been stated in prior FTC 

notices inviting comment on PRA estimates. No 

comments were received, and staff continues to 

believe this estimate remains reasonable. 

27 The percentage and unit of time measurements 

are FTC staff’s estimates. 

telemarketing entities noted above, 

7,342 conduct inbound telemarketing.18

Inbound calls from consumers in 

response to direct mail solicitations that 

make certain required disclosures are 

exempt from the TSR.19 Although such 

calls are exempt from the Rule, the 

Commission believes it is likely that 

industry members who choose to make 

the requisite disclosures in direct mail 

solicitation may do so in an effort to 

qualify for the exemption. Thus, 

Commission staff believes it is 

appropriate to include in the relevant 

burden hour calculation both the 

burden for compliance with the Rule’s 

oral disclosures and the burden 

incurred by entities who make written 

disclosures in order to qualify for the 

inbound direct mail exemption. 

Accordingly, staff estimates that, of the 

7,342 entities that conduct inbound 

telemarketing, approximately one-third 

(2,447) will choose to incorporate 

disclosures in their direct mail 

solicitations that exempt them from 

complying with the Rule. 

Staff necessarily has made additional 

assumptions in estimating burden. From 

the total volume of outbound and 

inbound calls, staff first calculated 

disclosure burden for initial 

transactions that resulted in sales, 

derived from external data and/or 

estimates drawn from a range of 

calendar years (2001-2008). Staff 

recognizes that disclosure burdens may 

still be incurred regardless of whether or 

not a call results in a sale. Conversely, 

a substantial percentage of outbound 

calls result in consumers hanging up 

before the seller or telemarketer makes 

the required disclosure(s). However, 

because the requirements in 

§ 310.3(a)(1) for certain disclosures 

before a consumer pays for a 

telemarketing purchase apply only to 

sales, early call cessation (i.e., 

consumers hanging up pre-disclosure or 

before full disclosure) is excluded from 

staff’s burden estimates for § 310.3(a)(1). 

For transactions in which a sale is not 

a precursor to a required disclosure, i.e., 

the upfront disclosures required in all 

outbound telemarketing calls and 

outbound or inbound ‘‘upsell’’ calls by 

§ 310.4(d) , staff has calculated burden 

for initial transactions based on 

estimates of the total volumes of 

outbound and inbound calls, discounted 

for anticipated early hang-ups. For 

transactions in which a sale is a 

precursor to required disclosure, i.e., 

§ 310.3(a)(1), the calculation is based on 

the volume of direct sales. 

Based on the most recently available 

applicable industry data and further 

FTC extrapolations, staff estimates that 

2.9 billion outbound calls are subject to 

FTC jurisdiction and attributable to 

direct orders, that 570 million of these 

calls result in direct sales,20 and that 

there are 2.8 billion inbound calls. Staff 

retains its longstanding estimate that, in 

a telemarketing call involving the sale of 

goods or services, it takes 7 seconds21

for telemarketers to disclose the 

required outbound call information 

orally plus 3 additional seconds22 to 

disclose the information required in the 

case of an upsell. Staff also retains its 

longstanding estimates that at least 60 

percent of sales calls result in ‘‘hangups’’ before the telemarketer can make 

all the required disclosures and that 

‘‘hang-up’’ calls consume only 2 

seconds.23

Staff bases all ensuing upsell 

calculations on the volume of additional 

sales after an initial sale, with the 

assumption that a consumer is unlikely 

to be predisposed to an upsell if he or 

she rejects an initial offer—whether 

through an outbound or an inbound 

call. Using industry information, staff 

assumes an upsell conversion rate of 

40% for inbound calls as well as 

outbound calls.24 Moreover, staff 

assumes that consumers who agree to an 

upsell will not terminate an upsell 

before the seller or telemarketer makes 

the full required disclosures. 

Based on the above inputs and 

assumptions, staff estimates that the 

total time associated with these 

disclosure requirements is 

approximately 1.10 million hours per 

year [(2.9 billion outbound calls x 40% 

lasting the duration x 7 seconds of full 

disclosures = 2,255,556) + (2.9 billion 

outbound calls x 60% terminated after 

2 seconds of disclosures = 966,667) + 

(570 million outbound calls resulting in 

direct sales x 40% upsell conversions x 

3 seconds of related disclosures = 

190,000) + (2.8 billion inbound calls x 

40% upsell conversions x 3 seconds = 

933,333) x an estimated 25% of affected 

entities not already making such 

disclosures independent of the TSR = 

1,086,389 hours]. 

The TSR also requires further 

disclosures in telemarketing sales calls 

before the customer pays for goods or 

services. These disclosures include the 

total costs of the offered goods or 

services; all material restrictions; and all 

material terms and conditions of the 

seller’s refund, cancellation, exchange, 

or repurchase policies (if a 

representation about such a policy is a 

part of the sales offer). Additional 

specific disclosures are required if the 

call involves a prize promotion, the sale 

of credit card loss protection products 

or an offer with a negative option 

feature. 

Staff estimates that the general sales 

disclosures require 472,562 hours 

annually. This figure includes the 

burden for written disclosures [(2,447 

inbound telemarketing entities 

estimated to use direct mail25 x 10 

hours26 per year x 25% burden) = 6,118 

hours], as well as the figure for oral 

disclosures [(570 million calls x 8 

seconds x 25% burden = 316,667 hours) 

+ (570 million outbound calls x 40% 

(upsell conversion) x 20% sales 

conversion x 25% burden x 8 seconds 

= 25,333 hours) + (2.8 billion inbound 

calls x 40% upsell conversion x 20% 

sales conversion x 25% burden x 8 

seconds) = 124,444 hours].27

Staff also estimates that the specific 

sales disclosures require 48,162 hours 

annually [(570 million calls x 5% 

[estimate for outbound calls involving 

11956 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

28The estimate for § 310.3(a)(1) disclosures in 

outbound calls involving business opportunities is 

subsumed in the overall figure for outbound 

telemarketing call disclosures in the prior 

paragraph, and the estimate for outbound business 

opportunity call upsells is subsumed in the figures 

in this paragraph for outbound calls involving CCLP 

upsells. 

29See 67 FR 37366 (May 29, 2002). The two 

minute estimate likely is conservative. The OMB 

regulation defining ‘‘information’’ under the PRA 

generally excludes disclosures that require persons 

to provide facts necessary simply to identify 

themselves, e.g., the respondent, the respondent’s 

address, and a description of the information the 

respondent seeks in detail sufficient to facilitate the 

request. See 5 CFR 1320.3(h)(1). 

30See note 18, supra. As noted above, only 

sellers, not telemarketers, will have compliance 

obligations attributable to the 2008 TSR 

amendments. 

31 During the initial three months of overall PRA 

clearance sought that will overlap with the 

remaining phase-in period (May 31 - August 31, 

2009) before the written agreement requirement 

takes effect, the Commission will permit sellers to 

use prerecorded message calls made to existing 

customers to secure their agreements to receive 

prerecorded calls by pressing a key on their 

telephone keypad. Once a script is written and 

recorded, it can be used in all calls made by or on 

behalf of the seller to obtain the required 

agreements. Sellers will be able to include the 

request for the agreement in their regular 

prerecorded calls, thus making the time necessary 

to request the required agreements, and the cost of 

doing so, de minimis during the year-long phasein that will partly overlap with the final year of the 

current PRA clearance. 

32This figure includes both the minimal time 

required to create the electronic form and the time 

to encode it in HTML for the seller’s website. 

33The Commission has provided suggested 

language for this purpose that should minimize the 

time required to modify any paper disclosures. 73 

FR at 51181. 

34The FCC has required a similar disclosure for 

all prerecorded calls to consumers since 1993. 47 

CFR 64.1200(b)(2) (requiring disclosure of a 

telephone number ‘‘[d]uring or after the message’’ 

that consumers who receive a prerecorded message 

call can use to assert a company-specific do-not-call 

request). 

35This rounded figure is derived from the mean 

hourly earnings shown for computer support 

specialists found in the National Compensation 

Survey: Occupational Earnings in the United States 

2007, U.S. Department of Labor released August 

2008, Bulletin 2704, Table 3 (‘‘Full-time civilian 

workers,’’ mean and median hourly wages). See 

http://www.bls.gov/ncs/ncswage2007.htm. 

prize promotions] x 3 seconds x 25% 

burden = 5,937 hours) + (570 million 

calls x .1% [estimate for outbound calls 

involving credit card loss protection 

(‘‘CCLP’’)] x 4 seconds x 25% burden = 

158 hours) + (570 million calls x 40% 

upsell conversions x 20% sales 

conversions x .1% [estimate for 

outbound calls involving CCLP upsells] 

x 4 seconds x 25% burden = 13 hours) 

+ (2.8 billion inbound calls x 40% 

upsell conversion x 20% sales 

conversion x .1% [estimate for inbound 

calls involving CCLP] x 4 seconds x 

25% burden = 62 hours) + (570 million 

calls x 10% [estimate for outbound calls 

involving negative options] x 4 seconds 

x 25% burden = 15,833 hours) + (570 

outbound million calls x 40% upsell 

conversion x 20% sales conversions x 

10% [estimate for outbound calls 

involving negative option upsells] x 4 

seconds x 25% burden = 1,267 hours) + 

(2.8 billion inbound calls x 40% upsell 

conversions x 20% sales conversions x 

10% [estimate for inbound calls 

involving negative option upsells] x 4 

seconds x 25% burden) = 6,222 hours] 

+ (2.8 billion inbound calls x .3% 

[estimate for inbound calls involving 

business opportunities] x 8 seconds = 

18,667 hours).28

The total annual burden for all of the 

sales disclosures is 520,724 hours 

(472,562 general + 48,162 specific sales 

disclosures) or, by rough approximation 

(allowing that some entities conducting 

inbound telemarketing will be exempt 

from oral disclosure if making certain 

written disclosures), 36 hours annually 

per firm (520,724 hours ÷ 14,335). 

Finally, any entity that accesses the 

Registry, regardless whether it is paying 

for access, must submit minimal 

identifying information to the operator 

of the Registry. This basic information 

includes the name, address, and 

telephone number of the entity; a 

contact person for the organization; and 

information about the manner of 

payment. The entity also must submit a 

list of the area codes for which it 

requests information and certify that it 

is accessing the Registry solely to 

comply with the provisions of the TSR. 

If the entity is accessing the Registry on 

behalf of other seller or telemarketer 

clients, it has to submit basic identifying 

information about those clients, a list of 

the area codes for which it requests 

information on their behalf, and a 

certification that the clients are 

accessing the Registry solely to comply 

with the TSR. 

As it has since the Commission’s 

initial proposal to implement user fees 

under the TSR, FTC staff estimates that 

affected entities will require no more 

than two minutes for each entity to 

submit this basic information, and 

anticipates that each entity will have to 

submit the information annually.29

Based on the number of entities 

accessing the Registry that are subject to 

the TSR, this requirement will result in 

479 burden hours (14,355 entities x 2 

minutes per entity). In addition, FTC 

staff continues to estimate that up to 

one-half of those entities may need, 

during the course of their annual period, 

to submit their basic identifying 

information more than once in order to 

obtain additional area codes of data. 

Thus, this would result in an additional 

240 burden hours. Accordingly, 

accessing the Registry will impose a 

total burden of approximately 719 hours 

per year. 

Cumulative of the above components, 

disclosure burden for the live 

telemarketing call provisions of the TSR 

is 1,621,443 hours (1,100,000 + 472,562 

+ 48,162 + 719). 

B. Prerecorded Call Amendment 

Staff estimates that the 2,810 sellers30

will require, on average, 4 hours each— 

11,240 hours—to implement the 

incremental disclosure requirements 

mandated by the 2008 TSR 

amendments. Those amendments 

require the following tasks: (1) one-time 

creation, recording, and implementation 

of a brief telephone script requesting a 

consumer’s agreement via a telephone 

keypad response;31 (2) one-time 

modification of or newly created 

electronic forms to obtain agreements to 

receive prerecorded calls for use in 

emails to consumers or on a website32

(3) one-time revision of any existing 

paper forms (e.g., credit card or loyalty 

club forms, or printed consumer 

contracts) to include a request for the 

consumer’s agreement to receive 

prerecorded calls;33 and (4) related legal 

consultation, if needed, regarding 

compliance. 

The required opt-out disclosure for all 

prerecorded calls mandated by the 2008 

amendments would not require any 

greater time increment, and arguably 

less, than the pre-existing FCC 

disclosure provision.34 In any event, 

because the ‘‘opt-out’’ disclosure applies 

only to prerecorded calls, which are 

fully automated, no additional 

manpower hours would be expended in 

its electronic delivery. 

Estimated Annual Labor Cost: 

$22,014,913 

Estimated Annual Non-Labor Cost: 

$5,837,195 

Recordkeeping Labor and Non-Labor 

Costs: 

A. Live Telemarketing Call Provisions of 

the TSR 

1. Labor Costs 

Assuming a cumulative burden of 

7,500 hours/year to set up compliant 

recordkeeping systems for new 

telemarketing entities (75 new entrants/ 

year x 100 hours each), and applying to 

that a skilled labor rate of $25/hour,35

labor costs would approximate $187,500 

yearly for all new telemarketing entities. 

As indicated above, staff estimates that 

existing telemarketing entities require 

14,335 hours, cumulatively, to maintain 

compliance with the TSR’s 

recordkeeping provisions. Applying a 

Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 11957 

36This hourly wage is based on (http:// 

www.bls.gov/ncs/ncswage2007.htm) (National 

Compensation Survey: Occupational Earnings in 

the United States 2007, U.S. Department of Labor 

released August 2008, Bulletin 2704, Table 3 (‘‘Fulltime civilian workers,’’ mean and median hourly 

wages), and reflects a blending of mean hourly 

earnings for various managerial subcategories 

(operations, advertising, marketing, sales) and 

computer systems analysts. 

37This rounded figure is derived from the mean 

hourly earnings shown for telemarketers found in 

the National Compensation Survey: Occupational 

Earnings in the United States 2007, U.S. 

Department of Labor released August 2008, Bulletin 

2704, Table 3 (‘‘Full-time civilian workers,’’ mean 

and median hourly wages). See (http://www.bls.gov/ 

ncs/ncswage2007.htm). 

38Staff believes that remaining non-labor costs 

would largely be incurred by affected entities, 

regardless, in the ordinary course of business and/ 

or marginally be above such costs. 

39This rounded figure is derived from the mean 

hourly earnings shown for lawyers found in the 

National Compensation Survey: Occupational 

Earnings in the United States 2007, U.S. 

Department of Labor released August 2008, Bulletin 

2704, Table 3 (‘‘Full-time civilian workers,’’ mean 

and median hourly wages). See (http://www.bls.gov/ 

ncs/ncswage2007.htm). 

40See, e.g., Comment by IAC/InterActiveCorp & 

HSN LLC (December 18,2006), at 3, available at 

(http://www.ftc.gov/os/comments/tsrrevisedcal

labandon/525547-00600.pdf.) 

clerical wage rate of $14/hour, 

recordkeeping maintenance for existing 

telemarketing entities would amount to 

an annual cost of approximately 

$200,690. 

Thus, estimated labor cost for 

recordkeeping associated with the TSR 

for both new and existing entities, 

including the prerecorded call 

amendment, is $388,190. 

2. Non-Labor Costs 

Staff believes that the capital and 

start-up costs associated with the TSR’s 

information collection requirements are 

de minimis. The Rule’s recordkeeping 

requirements mandate that companies 

maintain records, but not in any 

particular form. While those 

requirements necessitate that affected 

entities have a means of storage, 

industry members should have that 

already regardless of the Rule. Even if 

an entity finds it necessary to purchase 

a storage device, the cost is likely to be 

minimal, especially when annualized 

over the item’s useful life. The Rule’s 

disclosure requirements require no 

capital expenditures. 

Affected entities need some storage 

media such as file folders, computer 

diskettes, or paper in order to comply 

with the Rule’s recordkeeping 

requirements. Although staff believes 

that most affected entities would 

maintain the required records in the 

ordinary course of business, staff 

estimates that the approximately 14,335 

telemarketers subject to the Rule spend 

an annual amount of $50 each on office 

supplies as a result of the Rule’s 

recordkeeping requirements, for a total 

recordkeeping cost burden of $716,750. 

B. Prerecorded Call Amendment 

1. Labor Costs 

As noted above, staff estimates that 

2,810 existing sellers that make use of 

prerecorded calls will require 937 

hours, cumulatively, on an annualized 

basis projected over the anticipated 

future term of PRA clearance, to comply 

with the amendment’s recordkeeping 

requirements. Staff assumes that the 

aforementioned tasks will be performed 

by managerial and/or professional 

technical personnel, at an hourly rate of 

$42.36 Accordingly, incremental labor 

cost on an annualized basis would total 

$39,354. 

2. Non-Labor Costs 

Other than the initial recordkeeping 

costs, the amendment’s written 

agreement requirement will impose de 

minimis costs, as discussed above. The 

one possible exception that might arise 

involves credit card or loyalty program 

agreements that retailers revise to 

request agreements from consumers to 

receive prerecorded calls. Retailers 

might have to replace any existing 

supplies of such agreements. Staff 

believes, however, that the one-year 

phase-in of the written agreement 

requirement will allow retailers to 

exhaust existing supplies of any such 

preprinted forms, so that no material 

additional cost would be incurred to 

print revised forms. 

Disclosure Burden Labor & Non-labor 

Costs 

A. Live Telemarketing Call Provisions of 

the TSR 

1. Labor Costs 

The estimated annual labor cost for 

disclosures for all telemarketing entities 

is $21,078,759. This total is the product 

of applying an assumed hourly wage 

rate of $1337 to the earlier stated 

estimate of 1,621,443 hours pertaining 

to general and specific disclosures in 

initial calls, upsells, and supplying 

basic identifying information to the 

Registry operator. 

2. Non-Labor Costs 

Oral disclosure estimates, discussed 

above, and totaling 1,621,443 hours, 

applied to a retained estimated 

commercial calling rate of 6 cents per 

minute ($3.60 per hour), amounts to 

$5,837,195 in phone-related costs.38

Staff believes that the estimated 2,447 

inbound telemarketing entities choosing 

to comply with the Rule through written 

disclosures incur no additional capital 

or operating expenses as a result of the 

Rule’s requirements because they are 

likely to provide written information to 

prospective customers in the ordinary 

course of business. Adding the required 

disclosures to that written information 

likely requires no supplemental nonlabor expenditures. 

B. Prerecorded call amendment 

1. Labor Costs 

Staff estimates that approximately 

75% of the disclosure-related tasks 

previously noted would be performed 

by managerial and/or professional 

technical personnel, again, at an hourly 

rate of $42, with 25% allocable to legal 

staff, at an hourly rate of $55.39

Thus, of the 11,240 total estimated 

disclosure burden hours, 8,430 hours 

would be attributable to managerial 

and/or professional technical personnel, 

with the remaining 2,810 hours 

attributable to legal staff. This yields 

$354,060 and $154,550, respectively, in 

labor costs—in total, $508,610. 

2. Non-Labor Costs 

Other than the initial recordkeeping 

costs, the amendment’s written 

agreement requirement will impose de 

minimis costs, as discussed above. The 

one possible exception that might arise 

involves credit card or loyalty program 

agreements that retailers revise to 

request agreements from consumers to 

receive prerecorded calls. Retailers 

might have to replace any existing 

supplies of such agreements. Staff 

believes, however, that the one-year 

phase-in of the written agreement 

requirement will allow retailers to 

exhaust existing supplies of any such 

preprinted forms, so that no material 

additional cost would be incurred to 

print revised forms. 

Similarly, staff has no reason to 

believe that the amendment’s 

requirement of an automated interactive 

opt-out mechanism will impose other 

than de minimis costs, for the reasons 

discussed above. The industry 

comments on the amendment uniformly 

support the view that automated 

interactive keypress technologies are 

now affordable, cost-effective, and 

widely available.40 Moreover, most, if 

not all of the industry telemarketers 

who commented, including many small 

business telemarketers, said they are 

currently using interactive keypress 

mechanisms. Thus, it does not appear 

that this requirement will impose any 

11958 Federal Register / Vol. 74, No. 53 / Friday, March 20, 2009 / Notices 

material capital or other non-labor costs 

on telemarketers. 

Thus, cumulatively for the live 

telemarketing call provisions of the TSR 

and the prerecorded call amendment, 

total labor costs are $22,014,913 

($388,190 + $39,354 + $21,078,759 + 

$508,610); total capital and other nonlabor costs are $5,837,195 (phonerelated costs). 

David C. Shonka, 

Acting General Counsel. 

[FR Doc. E9–6035 Filed 3–19–09: 8:45 am] 

[BILLING CODE 6750–01–S] 

GENERAL SERVICES 

ADMINISTRATION 

Federal Travel Regulation (FTR); 

Maximum Per Diem Rates for the 

States of Idaho, Maryland, and South 

Carolina 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Notice of Per Diem Bulletin 

09–05, revised continental United States 

(CONUS) per diem rates. 

SUMMARY: The General Services 

Administration (GSA) has reviewed the 

per diem rates for certain locations in 

the States of Idaho and Maryland and 

determined that they are inadequate. 

GSA has also reviewed and is amending 

the county boundaries of Columbia, 

South Carolina. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. Cy 

Greenidge, Office of Governmentwide 

Policy, Travel Management Policy, at 

(202) 219–2349. Please cite FTR Per 

Diem Bulletin 09–05. 

SUPPLEMENTARY INFORMATION: 

A. Background 

After an analysis of the per diem rates 

established for FY 2009 (see the Federal 

Register notice at 73 FR 46271, August 

8, 2008), the per diem rate is being 

changed in the following locations: 

State of Idaho 

• Boundary County. 

• Bonner County. 

• Teton County. 

• Bonneville County. 

• Fremont County. 

State of Maryland 

• Frederick County. 

State of South Carolina 

• Lexington County. 

Per diem rates are published on the 

Internet at http://www.gsa.gov/perdiem 

as FTR per diem bulletins. This process 

ensures timely increases or decreases in 

per diem rates established by GSA for 

Federal employees on official travel 

within CONUS. Notices published 

periodically in the Federal Register, 

such as this one, now constitute the 

only notification of revisions in CONUS 

per diem rates to agencies. 

Dated: March 17, 2009. 

Becky Rhodes, 

Deputy Associate Administrator, Office of 

Travel, Transportation and Asset 

Management. 

[FR Doc. E9–6261 Filed 3–19–09; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Board of Scientific Counselors, 

Coordinating Office for Terrorism 

Preparedness and Emergency 

Response (BSC, COTPER) 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), CDC announces the 

following meeting of the 

aforementioned committee: 

Times and Dates: 

9 a.m.–5:15 p.m., April 27, 2009. 

9 a.m.–3:15 p.m., April 28, 2009. 

Place: CDC, 1600 Clifton Road, NE., Global 

Communications Center, Building 19, 

Auditorium B3, Atlanta, Georgia 30333. 

Status: Open to the public for observation 

and comment, limited only by the space 

available. The meeting room accommodates 

approximately 50 people. Visitors to the CDC 

campus must be processed in accordance 

with established federal policies and 

procedures and should pre-register for the 

meeting as described in Additional 

Information for visitors. Public comment 

periods are planned for both meeting days. 

Purpose: This Board is charged with 

advising the Secretary of HHS and Director 

of CDC concerning strategies and goals for 

the programs and research within COTPER, 

monitoring the strategic direction and focus 

of the Divisions, and conducting peer review 

of scientific programs. For additional 

information about the COTPER BSC, please 

visit: http://emergency.cdc.gov/cotper/ 

science/counselors.asp. 

Matters To Be Discussed: A briefing on the 

findings of the workgroup for external peer 

review of COTPER’s fiscal allocation process; 

status updates on other external peer reviews 

of COTPER programs and funded projects; 

updates from COTPER activities and 

programs; and a discussion of external peer 

review topics for fiscal year 2010. 

Agenda items are subject to change as 

priorities dictate. 

Additional Information for Visitors: All 

visitors are required to present a valid form 

of picture identification issued by a state, 

federal or international government. To 

expedite the security clearance process for 

visitors to the CDC Roybal campus, all 

visitors must pre-register by submitting the 

following information by e-mail or phone 

(see Contact Person for More Information) no 

later than 12 noon (EST) on Wednesday, 

April 1, 2009: 

• Full Name, 

• Organizational Affiliation, 

• Complete Mailing Address, 

• Citizenship, and 

• Phone Number or E-mail Address. 

For foreign nationals or non-U.S. citizens, 

pre-approval is required. Please contact the 

BSC Coordinator (see Contact Person for 

More Information) in advance of the posted 

pre-registration deadline for additional 

security requirements that must be met. 

Contact Person for More Information: 

Matthew Jennings, BSC Coordinator, 

COTPER, CDC, 1600 Clifton Rd., NE., 

Mailstop D–44, Atlanta, GA 30333, 

Telephone: (404) 639–7357; Facsimile: (404) 

639–7977; E-mail: 

COTPER.BSC.Questions@cdc.gov. 

The Director, Management Analysis and 

Service Office, has been delegated the 

authority to sign Federal Register notices 

pertaining to announcements of meetings and 

other committee management activities for 

both CDC and Agency for Toxic Substances 

and Disease Registry. 

Dated: March 13, 2009. 

Elaine L. Baker, 

Director, Management Analysis and Service 

Office, Centers for Disease Control and 

Prevention. 

[FR Doc. E9–6099 Filed 3–19–09; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10133, CMS– 

250–254, CMS–R–5, CMS–10157 and CMS– 

10279] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

Agency: Centers for Medicare & 

Medicaid Services, HHS. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare & Medicaid 

Services (CMS) is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper