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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations v Delivers a health care message made by, or on behalf of, a covered entity or its business associate, as those terms are defined in the HIPAA
Privacy Rule, 45 CFR 160.103, and the caller makes no more than one call per day to each patients residential line, up to a maximum of three calls combined per week to each patients residential line and honors the called partys request to opt out of future calls as required in paragraphs b and d of this section.

b
2 During or after the message, state clearly the telephone number other than that of the autodialer or prerecorded message player that placed the call of such business, other entity, or individual. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges. For telemarketing messages and messages made pursuant to an exemption under paragraphs a3ii through v of this section to residential telephone subscribers, such telephone number must permit any individual to make a do-not-call request during regular business hours; and 3 In every case where the artificial or prerecorded-voice telephone message is made pursuant to an exemption under paragraphs a3ii through v of this section or includes or introduces an advertisement or constitutes telemarketing and is delivered to a residential telephone line or any of the lines or telephone numbers described in paragraphs a1i through iii of this section, provide an automated, interactive voiceand/or key pressactivated opt-out mechanism for the called person to make a do-not-call request, including brief explanatory instructions on how to use such mechanism, within two 2 seconds of providing the identification information required in paragraph b1 of this section. When the called person elects to opt out using such mechanism, the mechanism must automatically record the called persons number to the callers do-not-call list and immediately terminate the call. When the artificial or prerecorded-voice telephone message is left on an answering machine or a voice mail service, such message must also provide a toll free number that enables the called person to call back at a later time and connect directly to the automated, interactive voiceand/or key press-activated opt-out mechanism and automatically record the called persons number to the callers do-not-call list.

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d No person or entity shall initiate any artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs a3ii through v of this section or any call for telemarketing purposes to a residential telephone subscriber unless such person or entity has instituted procedures for maintaining a list of persons who request not to receive such calls made by or on behalf of that person or entity.
The procedures instituted must meet the following minimum standards:
1 Written policy. Persons or entities making artificial or prerecorded-voice telephone calls pursuant to an exemption under paragraphs a3ii through v of this section or calls for telemarketing purposes must have a written policy, available upon demand, for maintaining a do-not-call list.
2 Training of personnel. Personnel engaged in making artificial or prerecorded-voice telephone calls pursuant to an exemption under paragraphs a3ii through v of this section or who are engaged in any aspect of telemarketing must be informed and trained in the existence and use of the do-not-call list.
3 Recording, disclosure of do-notcall requests. If a person or entity making an artificial or prerecordedvoice telephone call pursuant to an exemption under paragraphs a3ii through v of this section or any call for telemarketing purposes or on whose behalf such a call is made receives a request from a residential telephone subscriber not to receive calls from that person or entity, the person or entity must record the request and place the subscribers name, if provided, and telephone number on the do-not-call list at the time the request is made. Persons or entities making such calls or on whose behalf such calls are made must honor a residential subscribers do-notcall request within a reasonable time from the date such request is made. This period may not exceed 30 days from the date of such request. If such requests are recorded or maintained by a party other than the person or entity on whose behalf the call is made, the person or entity on whose behalf the call is made will be liable for any failures to honor the do-not-call request. A person or entity making an artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs a3ii through v of this section or any call for telemarketing purposes must obtain a consumers prior express permission to share or forward the consumers request not to be called to a party other than the person or entity on whose behalf a call is made or an affiliated entity.

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4 Identification of callers and telemarketers. A person or entity making an artificial or prerecordedvoice telephone call pursuant to an exemption under paragraphs a3ii through v of this section or any call for telemarketing purposes must provide the called party with the name of the individual caller, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted. The telephone number provided may not be a 900 number or any other number for which charges exceed local or long distance transmission charges.
5 Affiliated persons or entities. In the absence of a specific request by the subscriber to the contrary, a residential subscribers do-not-call request shall apply to the particular entity making the call or on whose behalf a call is made, and will not apply to affiliated entities unless the consumer reasonably would expect them to be included given the identification of the caller and for telemarketing calls the product being advertised.
6 Maintenance of do-not-call lists. A
person or entity making artificial or prerecorded-voice telephone calls pursuant to an exemption under paragraphs a3ii through v of this section or any call for telemarketing purposes must maintain a record of a consumers request not to receive further calls. A do-not-call request must be honored for 5 years from the time the request is made.

FR Doc. 202101190 Filed 22421; 8:45 am BILLING CODE 671201P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 2102170022
RIN 0648XY116

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2021 and 2022
Harvest Specifications for Groundfish National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule; harvest specifications and closures.
AGENCY:

NMFS announces final 2021
and 2022 harvest specifications,
SUMMARY:

E:FRFM25FER1.SGM

25FER1