39534 Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 

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 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 2017. 

Accordingly, we calculated the change 

in the CPI since last year, and the 

increase was 1.84 percent. Because this 

change is over the one percent 

threshold, the fees will change for fiscal 

year 2018. 

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, 2016 to June 30, 2017 was 

242.656, an increase of 14.62 percent. 

Applying the 14.62 percent increase to 

the base amount from fiscal year 2009, 

leads to an increase from $61 to $62 in 

the fee from last year for access to a 

single area code of data for a full year 

for fiscal year 2018. The actual amount 

is $61.89, but when rounded, pursuant 

to the Act, the amount is $62. The fee 

for accessing an additional area code for 

a half year increases from $30 to $31 

(rounded from $30.95). The maximum 

amount charged increases to $17,021 

(rounded from $17,021.07). 

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: 3084–0097. 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 $62 for each area code of 

data accessed, up to a maximum of 

$17,021; 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 

this Rule, 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. 

(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) 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 $62 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 $31 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. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2017–17437 Filed 8–18–17; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 860 

[Docket No. FDA–2013–N–1529] 

Medical Device Classification 

Procedures; Change of Address; 

Technical Amendment 

AGENCY: Food and Drug Administration; 

HHS. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Food and Drug 

Administration (FDA or Agency) is 

amending the Medical Device 

Classification Procedures regulation to 

reflect a change in address for the 

Center for Devices and Radiological 

Health (CDRH). This action is editorial 

in nature and is intended to improve the 

accuracy of the Agency’s regulations. 

DATES: This rule is effective August 21, 

2017.

FOR FURTHER INFORMATION CONTACT: 

Karen Fikes, Center for Devices and 

Radiological Health, Food and Drug 

Administration, 10903 New Hampshire 

Ave., Bldg. 66, Rm. 5244, Silver Spring, 

MD 20993–0002, 301–796–9603. 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 160 / Monday, August 21, 2017 / Rules and Regulations 39535 

SUPPLEMENTARY INFORMATION: FDA is 

amending our regulations in 21 CFR 

part 860 that set forth procedures for 

mailing reclassification petitions 

(§ 860.123 (21 CFR 860.123)) to revise 

the mailing address for CDRH. The 

current mailing address in the 

regulation for CDRH is as follows: 

Center for Devices and Radiological 

Health, Regulations Staff, 10903 New 

Hampshire Ave., Bldg. 66, Rm. 4438, 

Silver Spring, MD 20993–0002. The 

room number, 4438, has been changed; 

the new room number is G609. The 

mailing address is revised as follows: 

Center for Devices and Radiological 

Health, Regulations Staff, Document 

Mail Center–WO66–G609, 10903 New 

Hampshire Ave., Silver Spring, MD 

20993–0002. 

Sections 513(e) and (f), 514(b), 515(b), 

and 520(l) of the Federal Food, Drug, 

and Cosmetic Act (the FD&C Act) (21 

U.S.C. 360c(e) and (f); 360d(b); 360e(b), 

and 360j(l)), provide for the 

reclassification of a device and prescribe 

procedures to petition for 

reclassification. FDA provides 

procedures for the content and form of 

reclassification petitions submitted 

pursuant to § 860.123(b)(1) for devices 

regulated by CDRH. The address for 

submitting a reclassification petition for 

devices regulated by CDRH in 

§ 860.123(b)(1) is amended to reflect the 

new room number. The addresses 

remain the same for the Center for 

Biologics Evaluation and Research and 

the Center for Drug Evaluation and 

Research. 

List of Subjects in 21 CFR Part 860 

Administrative practice and 

procedure, Medical devices. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 860 is 

amended as follows: 

PART 860—MEDICAL DEVICE 

CLASSIFICATION PROCEDURES 

■ 1. The authority citation for part 860 

continues to read as follows: 

Authority: 21 U.S.C. 360c, 360d, 360e, 

360i, 360j, 371, 374. 

■ 2. Revise § 860.123(b)(1) to read as 

follows: 

§ 860.123 Reclassification petition: 

Content and form. 

* * * * * 

(b) * * * 

(1) For devices regulated by the 

Center for Devices and Radiological 

Health, addressed to the Food and Drug 

Administration, Center for Devices and 

Radiological Health, Regulations Staff, 

Document Mail Center–WO66–G609, 

10903 New Hampshire Ave., Silver 

Spring, MD 20993–0002; for devices 

regulated by the Center for Biologics 

Evaluation and Research, addressed to 

the Food and Drug Administration, 

Center for Biologics Evaluation and 

Research, Document Control Center, 

10903 New Hampshire Ave., Bldg. 71, 

Rm. G112, Silver Spring, MD 20993– 

0002; for devices regulated by the 

Center for Drug Evaluation and 

Research, addressed to the Food and 

Drug Administration, Center for Drug 

Evaluation and Research, Central 

Document Control Room, 5901–B 

Ammendale Rd., Beltsville, MD 20705– 

1266, as applicable. 

* * * * * 

Dated: August 15, 2017. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2017–17564 Filed 8–18–17; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0699] 

RIN 1625–AA00 

Safety Zone: PG&E Evolution, King 

Salmon, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of Humboldt Bay 

in King Salmon, CA in support of the 

Pacific Gas and Electric Evolution that 

will be effective on August 2, 2017 and 

on August 30, 2017. This safety zone is 

established to ensure the safety of 

workers, mariners, and other vessels 

transiting the area from the dangers 

associated with this evolution. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without permission of the Captain of the 

Port or their designated representative. 

DATES: This rule is effective without 

actual notice from August 21, 2017 until 

August 30, 2017. For the purposes of 

enforcement, actual notice will be used 

from August 2, 2017, until August 21, 

2017. 

This rule is being enforced from 8 

a.m. to 4 p.m. on August 2, 2017 and 

from 8 a.m. to 4 p.m. on August 30, 

2017. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2017–0699. To view these documents go 

to http://www.regulations.gov, type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH.’’ Click on Open 

Docket Folder on the line associated 

with this rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Marcia Medina, U.S. 

Coast Guard Sector San Francisco; 

telephone (415) 399–7443 or email at 

D11-PF-MarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

APA Administrative Procedures Act 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NAD North American Datum of 1983 

NPRM Notice of Proposed Rulemaking 

PG&E Pacific Gas & Electric 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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.’’ Due to the date 

of the event, notice and comment 

procedures would be impracticable in 

this instance. 

For similar reasons as those stated 

above, 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. 

III. Legal Authority and Need for Rule 

The legal basis for the proposed rule 

is 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; 

Department of Homeland Security 

Delegation No. 0170.1, which 

collectively authorize the Coast Guard 

to establish safety zones. 

The Pacific Gas and Electric Company 

will sponsor the Pacific Gas and Electric 

Evolution on August 2, 2017 and on 

August 30, 2017, in the navigable waters 

of Humboldt Bay in King Salmon, CA. 

The evolution is necessary to complete 

an inspection and for re-licensing 

purposes. The evolution is scheduled to 

take place on August 2, 2017 and on 


sradovich on DSK3GMQ082PROD with RULES