Disclosure Requirements and Prohibitions Concerning Franchising, 36149-36150 [2012-14785]

Download as PDF Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations (i)(2) of this AD, if those actions were performed before the effective date of this AD using Airbus Mandatory Service Bulletin A300–28–6103, dated May 20, 2009. (l) Parts Installation As of the effective date of this AD, no person may install, on any airplane, any MTI in the cockpit location, unless it has been modified in accordance with the applicable service information listed in paragraphs (l)(1), (l)(2), (l)(3), (l)(4), (l)(5), and (l)(6) of this AD. (1) Airbus Mandatory Service Bulletin A300–28–6101, dated June 4, 2008. (2) Airbus Mandatory Service Bulletin A310–28–2167, dated June 4, 2008. (3) GE Service Bulletin 1404KID–28–466, Revision 1, dated July 15, 2008. (4) GE Service Bulletin 1406KID–28–467, Revision 1, dated July 15, 2008. (5) GE Service Bulletin 1410KID–28–468, Revision 1, dated July 15, 2008. (6) GE Service Bulletin 1420KID–28–469, Revision 1, dated July 23, 2008. srobinson on DSK4SPTVN1PROD with RULES (m) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057– 3356; telephone (425) 227–2125; fax (425) 227–1149. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (n) Related Information Refer to MCAI European Aviation Safety Agency Airworthiness Directive 2010–0175, dated August 18, 2010, and the service information identified in paragraphs (n)(1), (n)(2), (n)(3), (n)(4), (n)(5), (n)(6), (n)(7), (n)(8), and (n)(9) of this AD, for related information. (1) Airbus Mandatory Service Bulletin A300–28–6095, Revision 01, dated February 2, 2010. (2) Airbus Mandatory Service Bulletin A300–28–6101, dated June 4, 2008. VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 (3) Airbus Mandatory Service Bulletin A300–28–6103, Revision 01, dated May 18, 2010. (4) Airbus Mandatory Service Bulletin A300–28A6096, Revision 02, dated July 4, 2008. (5) Airbus Mandatory Service Bulletin A310–28–2167, dated June 4, 2008. (6) GE Service Bulletin 1404KID–28–466, Revision 1, dated July 15, 2008. (7) GE Service Bulletin 1406KID–28–467, Revision 1, dated July 15, 2008. (8) GE Service Bulletin 1410KID–28–468, Revision 1, dated July 15, 2008. (9) GE Service Bulletin 1420KID–28–469, Revision 1, dated July 23, 2008. (o) Material Incorporated by Reference (1) You must use the following service information to do the actions required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference (IBR) of the following service information under 5 U.S.C. 552(a) and 1 CFR part 51 on the date specified. (2) The following service information was approved for IBR on July 23, 2012: (i) Airbus Mandatory Service Bulletin A300–28–6095, Revision 01, dated February 2, 2010. (ii) Airbus Mandatory Service Bulletin A300–28–6101, dated June 4, 2008. (iii) Airbus Mandatory Service Bulletin A300–28–6103, Revision 01, dated May 18, 2010. (iv) Airbus Mandatory Service Bulletin A310–28–2167, dated June 4, 2008. (v) GE Service Bulletin 1404KID–28–466, Revision 1, dated July 15, 2008. (vi) GE Service Bulletin 1406KID–28–467, Revision 1, dated July 15, 2008. (vii) GE Service Bulletin 1410KID–28–468, Revision 1, dated July 15, 2008. (viii) GE Service Bulletin 1420KID–28–469, Revision 1, dated July 23, 2008. (3) The following service information was approved for IBR on March 27, 2009 (74 FR 7792, February 20, 2009): (i) Airbus Mandatory Service Bulletin A300–28A6096, Revision 02, dated July 4, 2008. (4) For Airbus service information identified in this AD, contact Airbus SAS— EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email: account.airwortheas@airbus.com; Internet https:// www.airbus.com. For GE service information identified in this AD, contact GE Aviation, Customer Support Center, 1 Neumann Way, Cincinnati, Ohio 45215; telephone 513–552– 3272; email cs.techpubs@ge.com; Internet https://www.geaviation.com. (5) You may review copies of the service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221. (6) You may also review copies of the service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 36149 material at an NARA facility, call 202–741– 6030, or go to https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on May 31, 2012. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2012–14048 Filed 6–15–12; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 436 Disclosure Requirements and Prohibitions Concerning Franchising Federal Trade Commission (FTC or Commission). ACTION: Final rule amendments. AGENCY: The FTC announces revised monetary thresholds for three exemptions from the Franchise Rule. FTC is required to adjust the size of the monetary thresholds every fourth year based upon the Consumer Price Index for all urban consumers published by the Department of Labor. DATES: This final rule is effective July 1, 2012. FOR FURTHER INFORMATION CONTACT: Craig Tregillus, Franchise Rule Coordinator, Division of Marketing Practices, FTC, 600 Pennsylvania Avenue NW., Washington, DC 20580, (202) 326–2970, ctregillus@ftc.gov. SUPPLEMENTARY INFORMATION: The FTC’s Trade Regulation Rule entitled ‘‘Disclosure Requirements and Prohibitions Concerning Franchising’’ (Franchise Rule or Rule) 1 provides three exemptions based on a monetary threshold: the $500 ‘‘minimum payment exemption,’’ 2 the $1 million ‘‘large franchise investment exemption’’ 3 and the $5 million ‘‘large franchisee exemption.’’ 4 The Rule requires the Commission to ‘‘adjust the size of the monetary thresholds every fourth year based upon the * * * Consumer Price Index for all urban consumers published by the Department of Labor.’’ 5 This requirement, added by the 2007 amendments to the Rule, took effect on July 1, 2007, so that franchisors would have a one-year phase-in period within which to comply with the amended Rule’s revised disclosure requirements SUMMARY: 1 16 CFR Part 436. CFR 436.8(a)(1). 3 16 CFR 436.8(a)(5)(i). 4 16 CFR 436.8(a)(5)(ii). 5 16 CFR 436.8(b). 2 16 E:\FR\FM\18JNR1.SGM 18JNR1 36150 Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations before the July 1, 2008, final compliance deadline.6 Between 2007 and 2011, the annual average value of the Consumer Price Index for all urban consumers and all items increased by 8.49 percent—from an index value of 207.342 to a value of 224.939.7 Applying the percentage increase to the three monetary thresholds increases the thresholds as follows: Original threshold Exemption Minimum Payment Large Franchise Investment ......... Large franchisee ... Adjusted threshold $500 8 $540 1,000,000 5,000,000 1,084,900 5,424,500 Because the calculation of these thresholds is purely ministerial in nature and implements the Rule’s mandatory adjustment mechanism, these adjustments are exempt from the rulemaking procedures specified in section 18 of the FTC Act.9 In addition, the Commission has determined that notice and comment are unnecessary under the Administrative Procedure Act (APA) for the same reason. The Commission, therefore, has omitted notice and comment for good cause as provided by section 553(b)(B) of the APA.10 For this reason, the requirements of the Regulatory Flexibility Act also do not apply.11 Accordingly, the adjusted thresholds will take effect on July 1, 2012. Advertising, Business and industry, Franchising, Trade practices. Rule Amendments For the reasons set out in the preamble of this document, the Federal Trade Commission amends 16 CFR Part 436 as follows: srobinson on DSK4SPTVN1PROD with RULES FR 15444 (Mar. 30, 2007). 7 Consumer Price Index, All Urban Consumers (‘‘CPI–U’’), available at ftp://ftp.bls.gov/pub/ special.requests/cpi/cpiai.txt. 8 The Commission has rounded this figure from $542.45 to $540 for compliance clarity and simplicity. 9 See 15 U.S.C. 57a(d)(2)(B); 16 CFR 1.15(b) (providing that non-substantive amendments to trade regulation rules are exempt from the rulemaking procedures of Section 18 of the FTC Act). 10 5 U.S.C. 553(b)(B) (providing that ‘‘good cause’’ exists to forego notice and comment when public comment is unnecessary). 11 5 U.S.C. 603 and 604 (no regulatory flexibility analyses required where the APA does not require public comment). VerDate Mar<15>2010 16:18 Jun 15, 2012 Jkt 226001 1. The authority citation for part 436 continues to read as follows: ■ Authority: 15 U.S.C. 41–58. 2. Amend ’ 436.8 as follows: a. In paragraph (a)(1), remove ‘‘$500’’ and, in its place, add ‘‘$540’’; ■ b. In paragraph (a)(5)(i), remove all references to ‘‘$1 million’’ and, in their place, add ‘‘$1,084,900’’; and ■ c. In paragraph (a)(5)(ii), remove ‘‘$5 million’’ and, in its place, add ‘‘$5,424,500’’. ■ ■ By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2012–14785 Filed 6–15–12; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 20, 25, and 602 [TD 9593] RIN 1545–BK34 Portability of a Deceased Spousal Unused Exclusion Amount Internal Revenue Service (IRS), Treasury. ACTION: Temporary regulations. AGENCY: This document contains temporary regulations that provide guidance on the estate and gift tax applicable exclusion amount, in general, as well as on the applicable requirements for electing portability of a deceased spousal unused exclusion (DSUE) amount to the surviving spouse and on the applicable rules for the surviving spouse’s use of this DSUE amount. The statutory provisions underlying the portability rules were enacted as part of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The portability rules affect married spouses where the death of the first spouse to die occurs on or after January 1, 2011. The text of the temporary regulations also serves as the text of proposed regulations set forth in the notice of proposed rulemaking on this subject appearing elsewhere in this issue of the Federal Register. DATES: Effective Date. These regulations are effective on June 15, 2012. Applicability Dates: Sections of the temporary regulation relating to SUMMARY: List of Subjects in 16 CFR Part 436 6 72 PART 436—DISCLOSURE REQUIREMENTS AND PROHIBITIONS CONCERNING FRANCHISING PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 portability of a deceased spousal unused exclusion amount apply to estates of decedents dying on or after January 1, 2011. For specific dates of applicability, see §§ 20.2001–2T(b), 20.2010–1T(e), 20.2010–2T(e), 20.2010–3T(f), 25.2505– 1T(e), and 25.2505–2T(g). FOR FURTHER INFORMATION CONTACT: Karlene Lesho (202) 622–3090 (not a toll-free number). SUPPLEMENTARY INFORMATION: Paperwork Reduction Act The collection of information contained in these regulations has been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget under control number 1545– 0015. Responses to this collection of information are voluntary to obtain the benefit of being able to elect portability or to take advantage of the special reporting requirements applicable to certain assets, and, for certain estates, to opt out of a deemed portability election. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. For further information concerning this collection of information, and the address for the submission of comments on the collection of information and the accuracy of the estimated burden, and suggestions for reducing this burden, please refer to the preamble of the crossreferencing notice of proposed rulemaking published in the Proposed Rules section of this issue of the Federal Register. Books and records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. Background On December 17, 2010, in section 303 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Public Law 111– 312 (124 Stat. 3296, 3302) (TRUIRJCA), Congress amended section 2010(c) of the Internal Revenue Code (Code) to allow portability of the applicable exclusion amount between spouses, and it made conforming amendments to sections 2505(a), 2631(c), and 6018(a)(1) of the Code. Section 303 of TRUIRJCA directs the Secretary to issue such regulations as may be necessary or appropriate to carry out section 303(a) of TRUIRJCA. E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36149-36150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14785]


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FEDERAL TRADE COMMISSION

16 CFR Part 436


Disclosure Requirements and Prohibitions Concerning Franchising

AGENCY: Federal Trade Commission (FTC or Commission).

ACTION: Final rule amendments.

-----------------------------------------------------------------------

SUMMARY: The FTC announces revised monetary thresholds for three 
exemptions from the Franchise Rule. FTC is required to adjust the size 
of the monetary thresholds every fourth year based upon the Consumer 
Price Index for all urban consumers published by the Department of 
Labor.

DATES: This final rule is effective July 1, 2012.

FOR FURTHER INFORMATION CONTACT: Craig Tregillus, Franchise Rule 
Coordinator, Division of Marketing Practices, FTC, 600 Pennsylvania 
Avenue NW., Washington, DC 20580, (202) 326-2970, ctregillus@ftc.gov.

SUPPLEMENTARY INFORMATION: The FTC's Trade Regulation Rule entitled 
``Disclosure Requirements and Prohibitions Concerning Franchising'' 
(Franchise Rule or Rule) \1\ provides three exemptions based on a 
monetary threshold: the $500 ``minimum payment exemption,'' \2\ the $1 
million ``large franchise investment exemption'' \3\ and the $5 million 
``large franchisee exemption.'' \4\ The Rule requires the Commission to 
``adjust the size of the monetary thresholds every fourth year based 
upon the * * * Consumer Price Index for all urban consumers published 
by the Department of Labor.'' \5\ This requirement, added by the 2007 
amendments to the Rule, took effect on July 1, 2007, so that 
franchisors would have a one-year phase-in period within which to 
comply with the amended Rule's revised disclosure requirements

[[Page 36150]]

before the July 1, 2008, final compliance deadline.\6\
---------------------------------------------------------------------------

    \1\ 16 CFR Part 436.
    \2\ 16 CFR 436.8(a)(1).
    \3\ 16 CFR 436.8(a)(5)(i).
    \4\ 16 CFR 436.8(a)(5)(ii).
    \5\ 16 CFR 436.8(b).
    \6\ 72 FR 15444 (Mar. 30, 2007).
---------------------------------------------------------------------------

    Between 2007 and 2011, the annual average value of the Consumer 
Price Index for all urban consumers and all items increased by 8.49 
percent--from an index value of 207.342 to a value of 224.939.\7\ 
Applying the percentage increase to the three monetary thresholds 
increases the thresholds as follows:
---------------------------------------------------------------------------

    \7\ Consumer Price Index, All Urban Consumers (``CPI-U''), 
available at ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt.
    \8\ The Commission has rounded this figure from $542.45 to $540 
for compliance clarity and simplicity.

------------------------------------------------------------------------
                                                   Original    Adjusted
                    Exemption                      threshold   threshold
------------------------------------------------------------------------
Minimum Payment.................................        $500    \8\ $540
Large Franchise Investment......................   1,000,000   1,084,900
Large franchisee................................   5,000,000   5,424,500
------------------------------------------------------------------------

    Because the calculation of these thresholds is purely ministerial 
in nature and implements the Rule's mandatory adjustment mechanism, 
these adjustments are exempt from the rulemaking procedures specified 
in section 18 of the FTC Act.\9\ In addition, the Commission has 
determined that notice and comment are unnecessary under the 
Administrative Procedure Act (APA) for the same reason. The Commission, 
therefore, has omitted notice and comment for good cause as provided by 
section 553(b)(B) of the APA.\10\ For this reason, the requirements of 
the Regulatory Flexibility Act also do not apply.\11\ Accordingly, the 
adjusted thresholds will take effect on July 1, 2012.
---------------------------------------------------------------------------

    \9\  See 15 U.S.C. 57a(d)(2)(B); 16 CFR 1.15(b) (providing that 
non-substantive amendments to trade regulation rules are exempt from 
the rulemaking procedures of Section 18 of the FTC Act).
    \10\ 5 U.S.C. 553(b)(B) (providing that ``good cause'' exists to 
forego notice and comment when public comment is unnecessary).
    \11\ 5 U.S.C. 603 and 604 (no regulatory flexibility analyses 
required where the APA does not require public comment).
---------------------------------------------------------------------------

List of Subjects in 16 CFR Part 436

    Advertising, Business and industry, Franchising, Trade practices.

Rule Amendments

    For the reasons set out in the preamble of this document, the 
Federal Trade Commission amends 16 CFR Part 436 as follows:

PART 436--DISCLOSURE REQUIREMENTS AND PROHIBITIONS CONCERNING 
FRANCHISING

0
1. The authority citation for part 436 continues to read as follows:

    Authority:  15 U.S.C. 41-58.


0
2. Amend ' 436.8 as follows:
0
a. In paragraph (a)(1), remove ``$500'' and, in its place, add 
``$540'';
0
b. In paragraph (a)(5)(i), remove all references to ``$1 million'' and, 
in their place, add ``$1,084,900''; and
0
c. In paragraph (a)(5)(ii), remove ``$5 million'' and, in its place, 
add ``$5,424,500''.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2012-14785 Filed 6-15-12; 8:45 am]
BILLING CODE 6750-01-P
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