Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 48301 

* * * * * 

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. 


khammond on DSKJM1Z7X2PROD with RULES
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°46′56′′ N, 

082°36′56′′ W, thence to position 

27°47′9′′ N, 082°34′33′′ W, thence to 

position 27°46′7′′ N, 082°34′29′′ W, 

thence to position 27°45′59′′ N, 

082°37′3′′ W, thence to position 

27°46′24′′ N, 082°37′30′′ W, thence back 

to the original position, 27°46′56′′ N, 

082°36′56′′ W. 

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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