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16414 Federal Register / Vol. 68, No.

65 / Friday, April 4, 2003 / Rules and Regulations

Agana, Guam, Guam International, RNAV the Direct Marketing Association or the other requirements of the call
(GPS) Z RWY 6R, Orig. (‘‘DMA’’) and the American Teleservices abandonment safe harbor provision
Agana, Guam, Guam International, RNAV Association (‘‘ATA’’), the Commission (§§ 310.4(b)(4)(i), (ii) & (iv)) because the
(GPS) RWY 24L, Orig. has decided to extend the date by which petitioners had not demonstrated that
Agana, Guam, Guam International, RNAV
(GPS) RWY 24R, Orig. it will require full compliance with the telemarketers would be unable to
Agana, Guam, Guam International, GPS RWY amended Telemarketing Sales Rule comply with these call abandonment
6L, Orig. Cancelled. (‘‘amended TSR’’ or ‘‘amended Rule’’), provisions.
Agana, Guam, Guam International, GPS RWY until October 1, 2003. Subsequently, on March 25, 2003,
24R, Orig. Cancelled. DATES: The rule amending the TSR, DMA renewed its request to stay the
Lihue, HI, Lihue, ILS RWY 35, Amdt 6. published January 29, 2003 (68 FR compliance date of the call
Lihue, HI, Lihue, RNAV (GPS) RWY 17, Orig. 4580), became effective March 31, 2003. abandonment provisions.2 DMA
Lihue, HI, Lihue, RNAV (GPS) RWY 21, Orig. submitted numerous affidavits from
Lihue, HI, Lihue, RNAV (GPS) RWY 35, Orig.
The Commission will require full
compliance with §§ 310.4(b)(1)(iv) and manufacturers and users of predictive
Mansfield, MA, Mansfield Muni, NDB RWY
§ 310.4(b)(4) on October 1, 2003. dialers containing information not
32, Admt 7.
Mansfield, MA, Mansfield Muni, RNAV ADDRESSES: Requests for copies of the
previously submitted to the
(GPS) RWY 32, Orig. amended Rule and this document Commission, either in the rulemaking
Mansfield, MA, Mansfield Muni, GPS RWY should be sent to Public Reference proceeding or in the initial petitions to
32, Orig, Cancelled. Branch, Room 130, Federal Trade stay various provisions of the amended
Cheboygan, MI, Cheboygan County, VOR
Commission, 600 Pennsylvania Avenue, TSR. These affidavits stated that, as a
RWY 9, Amdt 8. practical matter, compliance with the
Cheboygan, MI, Cheboygan County, RNAV NW., Washington, DC 20580.
call abandonment safe harbor by March
31, 2003, would be very difficult or
Cheboygan, MI, Cheboygan County, RNAV Catherine Harrington-McBride, (202) impossible for some telemarketers.
(GPS) RWY 27, Orig. 326–2452, Karen Leonard, (202) 326–
Fargo, ND, Hector Intl, RNAV (GPS) RWY 13, Specifically, these affidavits stated that
3597, Michael Goodman, (202) 326– it is difficult if not impossible to set
Orig, Cancelled. 3071, or Carole Danielson, (202) 326–
Fargo, ND, Hector Intl, RNAV (GPS) RWY 31, some predictive dialer equipment
Orig, Cancelled.
3115, Division of Marketing Practices, currently in use to a maximum
Bradford, PA, Bradford Regional, VOR RWY Bureau of Consumer Protection, Federal abandonment rate of 3% of answered
14, Orig. Trade Commission, 600 Pennsylvania calls, as required by § 310.4(b)(4)(i).
Bradford, PA, Bradford Regional, VOR/DME Ave., NW., Washington, DC 20580. According to the DMA petition and
RWY 14, Amdt 9. SUPPLEMENTARY INFORMATION: On supporting affidavits, this equipment
Bradford, PA, Bradford Regional, ILS RWY January 29, 2003, the Federal Trade
32, Amdt 11.
incorporates hardware or software
Commission published the amended designed to calculate the abandonment
Bradford, PA, Bradford Regional, RNAV
(GPS) Y RWY 14, Orig.
TSR, 16 CFR part 310, and its Statement rate on the basis of all calls placed, not
Bradford, PA, Bradford Regional, RNAV of Basis and Purpose in the Federal all calls answered. This means that the
(GPS), Z WY 14, Orig. Register.1 The document stated that the equipment cannot, or cannot easily, be
Bradford, PA, Bradford Regional, RNAV Amended Rule would become effective set to abandon no more than 3% of all
(GPS) RWY 32, Orig. March 31, 2003; that full compliance calls answered by the called consumer,
Lock Haven, PA, William T. Piper Memorial, with § 310.4(a)(7), the caller as required by § 310.4(b)(i). According
RNAV (GPS)–A Orig. identification transmission provision, to DMA, additional time is therefore
Selinsgrove, PA, Penn Valley, RNAV (GPS) would be required by January 29, 2004;
RWY 17, Orig, Cancelled.
necessary for some telemarketers to
Babelthuap Island, PS, Babelthuap/Koror,
and that the Commission would comply with § 310.4(b)(4)(i), given this
GPS RWY 9, Amdt 1B, Cancelled. announce at a future time the date by limitation on their current predictive
Babelthuap Island, PS, Babelthuap/Koror, which full compliance with dialer equipment. The ATA
GPS RWY 27, Amdt 1B, Cancelled. § 310.4(b)(1)(iii)(B), the ‘‘do-not-call’’ supplemental petition echoes similar
Fort Atkinson, WI, Fort Atkinson Muni, registry provision, would be required. arguments.
VOR–A, Orig-B. In response to petitions filed February Based on information newly
Fort Atkinson, WI, Fort Atkinson Muni, 27, 2003, by DMA and February 27, submitted by DMA, together with
RNAV (GPS) RWY 3, Orig. 2003, by ATA, the Commission information obtained from other
Fort Atkinson, WI, Fort Atkinson Muni, GPS determined to extend the date by which sources, the Commission has
RWY 3, Orig, Cancelled.
it will require full compliance with determined that full compliance with
Fort Atkinson, WI, Fort Atkinson Muni,
RNAV (GPS) RWY 21, Orig. § 310.4(b)(4)(iii) (the recording the requirement in the call
requirement of the call abandonment abandonment safe harbor that no more
[FR Doc. 03–8137 Filed 4–3–03; 8:45 am] safe harbor provision) until October 1, than 3% of all calls answered by a
BILLING CODE 4910–13–M 2003. The Commission also stayed until consumer be abandoned
October 1, 2003, the date by which it (§ 310.4(b)(4)(i)) by March 31, 2003, may
will require full compliance with the constitute an undue burden on some
FEDERAL TRADE COMMISSION safe harbor record retention telemarketers and sellers, who need to
requirement, § 310.4(b)(4)(iv), to the
16 CFR Part 310 extent it would require record keeping 2 On March 26, 2003, the United States District

to document the use of a recorded Court for the Western District of Oklahoma denied
Telemarketing Sales Rule message in instances of call petitioner DMA’s motion for a preliminary
injunction based on the same arguments and facts
AGENCY: Federal Trade Commission. abandonment. presented here. U.S. Security v. FTC, Case No. CIV–
ACTION: Stay of compliance date. At that time, the Commission 03–122–W. Although the Commission believes that
determined not to stay the requirement this was the correct decision under the legal
SUMMARY: In this document, the Federal of full compliance with the prohibition standards for obtaining a preliminary injunction,
the Commission notes that it has broad
Trade Commission (‘‘FTC’’ or on call abandonment (§ 310.4(b)(1)(iv)) discretionary authority to grant a stay where it
‘‘Commission’’) announces that in believes that the goals of the rule making will be
response to supplemental petitions from 1 68 FR 4580 (Jan. 29, 2003). served.

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Federal Register / Vol. 68, No. 65 / Friday, April 4, 2003 / Rules and Regulations 16415

reprogram or purchase software for their six months should give industry ample title VIII program that we will publish
equipment, or replace their current time to make the changes in their at a later date.
equipment. operations necessary to comply with the EFFECTIVE DATES: These regulations are
The Commission weighs the burden recording requirement of the call effective May 5, 2003.
on industry against the reasons for abandonment safe harbor. FOR FURTHER INFORMATION CONTACT:
implementing the amended Rule The Commission has now announced Robert J. Augustine, Office of
provisions. Evidence on the record that it will require full compliance on Regulations, Social Security
establishes that abandoned calls October 1, 2003 with: (1) Administration, 100 Altmeyer Building,
‘‘frighten consumers, invade their § 310.4(b)(1)(iv) (the prohibition on 6401 Security Boulevard, Baltimore, MD
privacy, cause some of them to struggle abandoned calls); (2) § 310.4(b)(4) (the 21235–6401, (410) 965–0020 or TTY
to answer the phone only to be hung up safe harbor for call abandonment) as
on, and waste the time and resources of (410) 966–5609. For information on
well as any record keeping requirements eligibility or filing for benefits, call our
consumers working from home.’’ 68 FR associated with the safe harbor; and (3)
4580, 4642 (Jan. 29, 2003) (footnotes national toll-free number, 1–800–772–
§ 310.4(b)(1)(iii)(B) (the national ‘‘do- 1213 or TTY 1–800–325–0778 or visit
omitted). The Commission therefore not-call’’ registry provisions of the
determined that the abandoned call our Internet site, Social Security Online,
amended Rule). The Commission will at
provisions of the amended TSR are require full compliance on January 29,
necessary to remedy the abusive 2004 with § 310.4(a)(7) (the caller Electronic Version
practice of call abandonment that can identification provisions). Full The electronic file of this document is
result from the use of predictive dialers. compliance with all other provisions of available on the date of publication in
Given the information on the record, the amended TSR will be required by the Federal Register on the internet site
however, the Commission concludes the date on which the amended Rule is for the Government Printing Office:
that the economic harm to industry that effective, March 31, 2003.
is likely to occur narrowly outweighs
By direction of the Commission. aces140.html. It is also available on the
the harm to consumers of a brief delay
Internet site for SSA (i.e., Social
in implementing the abandoned call
Donald S. Clark, Security Online) at
provision. Therefore, the Commission
Secretary. regulations.
has determined to extend the date by
which it will require full compliance [FR Doc. 03–8233 Filed 4–3–03; 8:45 am] SUPPLEMENTARY INFORMATION:
with §§ 310.4(b)(1)(iv) and § 310.4(b)(4) BILLING CODE 6750–01–P
Statutory Provisions
until October 1, 2003.3
Given the impact on consumers of Section 251 of the Foster Care
abandoned calls, the Commission SOCIAL SECURITY ADMINISTRATION Independence Act of 1999 (Pub. L. 106–
encourages the industry to use its best 169), enacted on December 14, 1999,
efforts to come into full compliance 20 CFR Part 408 added a new title VIII to the Act
with the abandoned call provisions as (Special Benefits for Certain World War
[Regulation No. 8] II Veterans). Title VIII authorizes SSA to
soon as possible. After six months (i.e.,
October 1, 2003), the Commission pay special veterans benefits (SVB) to
RIN 0960–AF61
believes that the balance of equities certain WWII veterans who reside
weighs in favor of preventing further Special Benefits for Certain World War outside the United States. Establishing
consumer harm by requiring compliance II Veterans SVB entitlement is a two-step process:
with the abandoned call provisions; first, you need to show that you meet
and, therefore, it is unlikely that the AGENCY: Social Security Administration certain qualifying requirements; once
Commission will provide a further stay (SSA). we determine that you qualify for SVB,
of their implementation. The additional ACTION: Final rules. you will be entitled to SVB payments
after you begin residing outside the
3 The decision to stay the requirement of full SUMMARY: We are adding to our United States.
compliance with two key components of the safe regulations a new part 408 that sets
harbor provision (§§ 310.4(b)(4)(i) & (iii)) as well as forth our rules applicable to claims for How to Qualify for SVB
the record keeping component of the safe harbor special veterans benefits (SVB) under Section 802 of the Act provides that,
insofar as it would require records of compliance
with the two stayed components, compels that full
title VIII of the Social Security Act (the in order to be entitled to SVB, you must
compliance with the prohibition on call Act). The title VIII program was first establish that you are a ‘‘qualified
abandonment, § 310.4(b)(1)(iv) also be stayed. effective in May 2000 and provides individual.’’ You qualify for SVB if you
Otherwise, industry members would be liable for a monthly benefits to certain World War file an application for SVB and are:
rule violation if they abandoned any calls and
would have no safe harbor enabling them to
II (WWII) veterans who were previously • Age 65 on or before December 14,
continue use of predictive dialers. As noted in the eligible for supplemental security 1999 (the date the title VIII program was
Statement of Basis and Purpose, ‘‘a total ban on income (SSI) payments under title XVI enacted);
abandoned calls, which would amount to a ban on of the Act and reside outside the United • A WWII veteran;
predictive dialers, would not strike the proper
balance between addressing an abusive practice and
States. These final rules include five • Eligible for SSI for both December
allowing for the use of a technology that provides new subparts that describe: what the 1999 (the month of enactment) and the
substantially reduced costs for telemarketers.’’ 68 new part is about, how we determine month you file your application for
FR 4643 (Jan. 29, 2003). Further, having stayed the whether you qualify for and are entitled SVB; and
requirement of full compliance with the prohibition
on call abandonment, the final element of the safe
to SVB, how you file for SVB, how we • Receiving total monthly benefit
harbor, § 310.4(b)(4)(ii) (requiring that the seller or evaluate evidence under the SVB income from other sources that is less
telemarketer allow the telephone to ring for at least program, and how we compute and pay than 75 percent of the Federal benefit
fifteen seconds or four rings before disconnecting SVB. rate (FBR) under SSI (title XVI of the
an unanswered call) would have no application.
The requirement of full compliance with the entire
In addition to these subparts, we are Act).
safe harbor provision, § 310.4(b)(4), is therefore developing additional proposed However, even if you meet all the
stayed until October 1, 2003. subparts describing other aspects of the above requirements, section 804 of the

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