Disclosure Requirements and Prohibitions Concerning Franchising, 31500-31501 [2016-11789]

Download as PDF 31500 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations Inc.’s TCCA DAO. If approved by the DAO, the approval must include the DAOauthorized signature. (k) Retained Credit for Previous Actions, With Revised Paragraph Reference This paragraph restates paragraph (k) of AD 2014–20–01, with a revised paragraph reference. This paragraph provides credit for actions required by paragraph (j) of this AD, if those actions were performed before October 20, 2014 (the effective date of AD 2014–20–01), using Bombardier Alert Service Bulletin A605–28–008, Revision 01, dated May 28, 2014, which is not incorporated by reference in this AD. (l) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE–170, 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 ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. 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) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE–170, FAA; or TCCA; or Bombardier, Inc.’s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature. asabaliauskas on DSK3SPTVN1PROD with RULES (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Emergency Airworthiness Directive CF– 2014–21, dated July 10, 2014, for related information. This MCAI may be found in the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2015–3634. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(4) and (n)(5) of this AD. (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. VerDate Sep<11>2014 16:37 May 18, 2016 Jkt 238001 (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following service information was approved for IBR on October 20, 2014 (79 FR 59640, October 3, 2014). (i) Bombardier Alert Service Bulletin A605–28–008, Revision 02, dated July 9, 2014. (ii) Reserved. (4) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; email thd.crj@ aero.bombardier.com. (5) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on May 9, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016–11682 Filed 5–18–16; 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. The 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 on July 1, 2016. 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. SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 ‘‘minimum payment exemption,’’ 2 the ‘‘large franchise investment exemption’’ 3 and the ‘‘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 [CPI–U] 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 before the July 1, 2008, final compliance deadline.6 As required by the Rule, the Commission revised the three monetary thresholds to reflect inflation in the CPI–U from 2007 through 2011 of 8.49 percent.7 The adjusted thresholds, which took effect on July 1, 2012, raised the minimum payment exemption from $500 to $540; the large franchise investment exemption from $1 million to $1,084,900; and the large franchisee exemption from $5 million to $5,424,500.8 We base the exemption monetary thresholds that will take effect on July 1, 2016, on the increase in the CPI–U between 2007 and 2015. During this period, the annual average value of the Consumer Price Index for all urban consumers and all items increased by 14.31 percent—from an index value of 207.342 to a value of 237.017.9 Applying the percentage increase to the three monetary thresholds increases the thresholds as follows: SUPPLEMENTARY INFORMATION: 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). 6 72 FR 15444 (Mar. 30, 2007). 7 77 FR 36149, 36150 (June 18, 2012). 8 Id. 9 Bureau of Labor Statistics, CPI Detailed Report: Data for February 2016, Table 24, p. 72, available at https://www.bls.gov/cpi/cpid1602.pdf. 2 16 E:\FR\FM\19MYR1.SGM 19MYR1 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations Exemption 2007 base Minimum Payment ................................................................................................................................................... Large Franchise Investment .................................................................................................................................... Large franchisee ...................................................................................................................................................... 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.11 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.12 For this reason, the requirements of the Regulatory Flexibility Act also do not apply.13 Accordingly, the adjusted thresholds will take effect on July 1, 2016. List of Subjects in 16 CFR Part 436 Advertising, Business and industry, Franchising, Trade practices. PART 436—DISCLOSURE REQUIREMENTS AND PROHIBITIONS CONCERNING FRANCHISING 1. The authority citation for part 436 continues to read as follows: ■ Authority: 15 U.S.C. 41–58. [Amended] 2. Amend § 436.8 as follows: a. In paragraph (a)(1), remove ‘‘$540’’ and, in its place, add ‘‘$570’’; ■ b. In paragraph (a)(5)(i), remove both references to ‘‘$1,084,900’’ and, in their place, add ‘‘$1,143,100’’; and ■ c. In paragraph (a)(5)(ii), remove ‘‘$5,424,500’’ and, in its place, add ‘‘$5,715,500’’. asabaliauskas on DSK3SPTVN1PROD with RULES ■ ■ 10 The Commission has rounded this figure from $571.55 to $570 for compliance clarity and simplicity. 11 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). 12 5 U.S.C. 553(b)(B) (providing that ‘‘good cause’’ exists to forego notice and comment when public comment is unnecessary). 13 5 U.S.C. 603 and 604 (no regulatory flexibility analyses required where the APA does not require public comment). VerDate Sep<11>2014 16:37 May 18, 2016 Jkt 238001 [FR Doc. 2016–11789 Filed 5–18–16; 8:45 am] BILLING CODE 6750–01–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 232 [Release Nos. 33–10071; 34–77693; 39– 2509; IC–32091] Adoption of Updated EDGAR Filer Manual Securities and Exchange Commission. ACTION: Final rule. AGENCY: The Securities and Exchange Commission (the Commission) is adopting revisions to the Electronic Data Gathering, Analysis, and Retrieval System (EDGAR) Filer Manual and related rules to reflect updates to the EDGAR system. The updates are being made primarily to support the 2016 XBRL taxonomies; add new submission form types SBSE, SBSE/A, SBSE–A, SBSE–A/A, SBSE–BD, SBSE–BD/A, SBSE–C and SBSE–W pursuant to Section 15F of the Securities Exchange Act of 1934 (the Exchange Act) and Rules 15Fb1–1 through 15Fb6–2 thereunder; add submission form types 17HACON, 17HACON/A, 17HQCON and 17HQCON/A pursuant to Rules 17h–1T and 17h–2T under the Exchange Act; and permit a value of zero in addition to the currently allowable numeric values in the ‘‘Current Number of Employees’’ field on the ‘‘Disclosure Requirements’’ screen of the Regulation Crowdfunding submission form types C, C/A and C–U. The EDGAR system was upgraded to support the new 2016 XBRL taxonomies on March 7, 2016. The EDGAR system is scheduled to be upgraded to support the other functionalities on April 25, 2016. DATES: Effective May 19, 2016 The incorporation by reference of the EDGAR Filer Manual is approved by the Director of the Federal Register as of May 19, 2016. FOR FURTHER INFORMATION CONTACT: In the Division of Trading and Markets, for SUMMARY: Rule Amendments For the reasons set out in the preamble of this document, the Federal Trade Commission amends 16 CFR part 436 as follows: § 436.8 By direction of the Commission. Donald S. Clark, Secretary. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 $500 1,000,000 5,000,000 31501 Adjusted 2016 threshold 10 $570 1,143,100 5,715,500 questions concerning Form SBSE, Form SBSE–A, Form SBSE–BD, Form SBSE– C, Form SBSE–W, and Form 17–H, contact Kathy Bateman at (202) 551– 4345; in the Division of Corporation Finance, for questions concerning Form C, contact Vik Sheth at (202) 551–3818; and in the Division of Economic and Risk Analysis, for questions concerning XBRL taxonomies, contact Walter Hamscher at (202) 551–5397. SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer Manual, Volume II. The Filer Manual describes the technical formatting requirements for the preparation and submission of electronic filings through the EDGAR system.1 It also describes the requirements for filing using EDGARLink Online and the Online Forms/XML Web site. The revisions to the Filer Manual reflect changes within Volume II entitled EDGAR Filer Manual, Volume II: ‘‘EDGAR Filing,’’ Version 36 (April 2016). The updated manual will be incorporated by reference into the Code of Federal Regulations. The Filer Manual contains all the technical specifications for filers to submit filings using the EDGAR system. Filers must comply with the applicable provisions of the Filer Manual in order to assure the timely acceptance and processing of filings made in electronic format.2 Filers may consult the Filer Manual in conjunction with our rules governing mandated electronic filing when preparing documents for electronic submission.3 The EDGAR system will be upgraded to Release 16.1 on April 25, 2016 and will introduce the following changes: Pursuant to Section 15F of the Exchange Act and Rules 15Fb1–1 through 15Fb6–2 thereunder, Securitybased Swap Dealers and Major Securitybased Swap Participants will be able to electronically register, amend their 1 We originally adopted the Filer Manual on April 1, 1993, with an effective date of April 26, 1993. Release No. 33–6986 (April 1, 1993) [58 FR 18638]. We implemented the most recent update to the Filer Manual on December 14, 2015. See Release No. 33– 9987 (January 4, 2016) [81 FR 3]. 2 See Rule 301 of Regulation S–T (17 CFR 232.301). 3 See Release No. 33–9987 in which we implemented EDGAR Release 15.4. For additional history of Filer Manual rules, please see the cites therein. E:\FR\FM\19MYR1.SGM 19MYR1

Agencies

FEDERAL TRADE COMMISSION

[Federal Register Volume 81, Number 97 (Thursday, May 19, 2016)]
[Rules and Regulations]
[Pages 31500-31501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11789]


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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. The 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 on July 1, 2016.

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 ``minimum payment exemption,'' \2\ the ``large 
franchise investment exemption'' \3\ and the ``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 [CPI-U] 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 before 
the July 1, 2008, final compliance deadline.\6\
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    \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).
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    As required by the Rule, the Commission revised the three monetary 
thresholds to reflect inflation in the CPI-U from 2007 through 2011 of 
8.49 percent.\7\ The adjusted thresholds, which took effect on July 1, 
2012, raised the minimum payment exemption from $500 to $540; the large 
franchise investment exemption from $1 million to $1,084,900; and the 
large franchisee exemption from $5 million to $5,424,500.\8\
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    \7\ 77 FR 36149, 36150 (June 18, 2012).
    \8\ Id.
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    We base the exemption monetary thresholds that will take effect on 
July 1, 2016, on the increase in the CPI-U between 2007 and 2015. 
During this period, the annual average value of the Consumer Price 
Index for all urban consumers and all items increased by 14.31 
percent--from an index value of 207.342 to a value of 237.017.\9\ 
Applying the percentage increase to the three monetary thresholds 
increases the thresholds as follows:
---------------------------------------------------------------------------

    \9\ Bureau of Labor Statistics, CPI Detailed Report: Data for 
February 2016, Table 24, p. 72, available at https://www.bls.gov/cpi/cpid1602.pdf.

[[Page 31501]]



------------------------------------------------------------------------
                                                          Adjusted  2016
                Exemption                    2007 base       threshold
------------------------------------------------------------------------
Minimum Payment.........................            $500       \10\ $570
Large Franchise Investment..............       1,000,000       1,143,100
Large franchisee........................       5,000,000       5,715,500
------------------------------------------------------------------------

    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.\11\ 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.\12\ For this reason, the requirements of 
the Regulatory Flexibility Act also do not apply.\13\ Accordingly, the 
adjusted thresholds will take effect on July 1, 2016.
---------------------------------------------------------------------------

    \10\ The Commission has rounded this figure from $571.55 to $570 
for compliance clarity and simplicity.
    \11\ 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).
    \12\ 5 U.S.C. 553(b)(B) (providing that ``good cause'' exists to 
forego notice and comment when public comment is unnecessary).
    \13\ 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.


Sec.  436.8  [Amended]

0
2. Amend Sec.  436.8 as follows:
0
a. In paragraph (a)(1), remove ``$540'' and, in its place, add 
``$570'';
0
b. In paragraph (a)(5)(i), remove both references to ``$1,084,900'' 
and, in their place, add ``$1,143,100''; and
0
c. In paragraph (a)(5)(ii), remove ``$5,424,500'' and, in its place, 
add ``$5,715,500''.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 2016-11789 Filed 5-18-16; 8:45 am]
BILLING CODE 6750-01-P

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