Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 59397-59399 [2011-24573]
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices
holding company and/or to acquire the
assets or the ownership of, control of, or
the power to vote shares of a bank or
bank holding company and all of the
banks and nonbanking companies
owned by the bank holding company,
including the companies listed below.
The applications listed below, as well
as other related filings required by the
Board, are available for immediate
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the standards enumerated in
the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
a nonbanking company, the review also
includes whether the acquisition of the
nonbanking company complies with the
standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
noted, nonbanking activities will be
conducted throughout the United States.
Unless otherwise noted, comments
regarding each of these applications
must be received at the Reserve Bank
indicated or the offices of the Board of
Governors not later than October 21,
2011.
A. FEDERAL RESERVE BANK OF RICHMOND
(Adam M. Drimer, Assistant Vice
President) 701 East Byrd Street,
Richmond, Virginia 23261–4528:
1. Eagle Bancorp, Inc., Bethesda,
Maryland; to merge with Alliance
Bankshares Corporation, Chantilly,
Virginia, and thereby indirectly acquire
Alliance Bank Corporation, Fairfax,
Virginia.
Board of Governors of the Federal Reserve
System, September 21, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2011–24620 Filed 9–23–11; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission
(‘‘Commission’’ or ‘‘FTC’’).
ACTION: Notice.
AGENCY:
The information collection
requirements described below will be
submitted to the Office of Management
and Budget (‘‘OMB’’) for review, as
required by the Paperwork Reduction
Act (‘‘PRA’’). The FTC is seeking public
comments on its proposal to extend
through December 31, 2014, the current
PRA clearance for information
collection requirements contained in the
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SUMMARY:
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Commission’s Business Opportunity
Rule (‘‘Rule’’). The current clearance
expires on December 31, 2011.
DATES: Comments must be submitted on
or before November 25, 2011.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘16 CFR Part 437:
Paperwork Comment, FTC File No.
P114408’’ on your comment, and file
your comment online at https://
ftcpublic.commentworks.com/ftc/
BusinessOptionRulePRA by following
the instructions on the web-based form.
If you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex J), 600
Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be addressed to Christine M.
Todaro (202) 326–3711, Division of
Marketing Practices, Room 286, Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue,
NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Under the
PRA, 44 U.S.C. 3501–3521, Federal
agencies must obtain approval from
OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ means agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. 44 U.S.C.
3502(3); 5 CFR 1320.3(c). As required by
section 3506(c)(2)(A) of the PRA, the
FTC is providing this opportunity for
public comment before requesting that
OMB extend the existing clearance for
the information collection requirements
contained in the Business Opportunity
Rule, 16 CFR part 437 (OMB Control
Number 3084–0142).
The FTC invites comments on: (1)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
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59397
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
The Rule is designed to ensure that
prospective purchasers of a business
opportunity receive information that
will help them evaluate the opportunity
that is presented to them. Part 437 was
promulgated in March of 2007,
concurrently with the amendment of the
Franchise Rule. Part 437 mirrors the
requirements and prohibitions of the
original Franchise Rule, and imposes no
additional disclosure or recordkeeping
obligations or prohibitions.1 The Rule
requires business opportunity sellers to
furnish to prospective purchasers a
disclosure document that provides
information relating to the seller, the
seller’s business, the nature of the
proposed business opportunity, as well
as additional information regarding any
claims about actual or potential sales,
income, or profits for a prospective
business opportunity purchaser. The
seller must also preserve information
that forms a reasonable basis for such
claims. These requirements are subject
to the PRA.
Estimated annual hours burden:
16,750 hours.
Based on a review of trade
publications and information from state
regulatory authorities, staff believes
that, on average, from year to year, there
are approximately 2,500 business
opportunity sellers, with perhaps about
10% of that total reflecting an equal
amount of new and departing business
entrants.
The burden estimates for compliance
will vary depending on the particular
business opportunity seller’s prior
experience with the original Franchise
Rule. Staff estimates that 250 or so new
business opportunity sellers will enter
the market each year, requiring
approximately 30 hours each to develop
a Rule-compliant disclosure document.
Thus, staff estimates that the cumulative
annual disclosure burden for new
business opportunity sellers will be
approximately 7,500 hours. Staff further
estimates that the remaining 2,250
1 In March of 2008, the Commission published
the Business Opportunity Rule Revised Notice of
Proposed Rulemaking, 73 FR 16110 (March 26,
2008) (‘‘Notice’’). The Notice proposed amending
the Business Opportunity Rule substantially, and
would, among other things, reduce the number of
required disclosures by sellers of business
opportunities to prospective purchasers.
Conversely, the Notice proposed amending the rule
to expand the coverage of entities required to make
disclosures to include a broader array of business
opportunities than those covered by the original
Franchise Rule. For now, however, only those
businesses opportunities covered by the original
Franchise Rule—such as vending machine and rack
display opportunities—remain covered under part
437.
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59398
Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
established business opportunity sellers
will require no more than
approximately 3 hours each to update
their disclosure document. Accordingly,
the cumulative estimated annual
disclosure burden for established
business opportunity sellers will be
approximately 6,750 hours.
Business opportunity sellers may
need to maintain additional
documentation for the sale of business
opportunities in states not currently
requiring these records as part of their
regulation of business opportunity
sellers. This might entail an additional
hour of recordkeeping per year.
Accordingly, staff estimates that
business opportunity sellers will
cumulatively incur approximately 2,500
hours of recordkeeping burden per year
(2,500 business opportunity sellers × 1
hour).
Thus, the total burden for business
opportunity sellers is approximately
16,750 hours (7,500 hours of disclosure
burden for new business opportunity
sellers + 6,750 hours of disclosure
burden for established business
opportunity sellers + 2,500 of
recordkeeping burden for all business
opportunity sellers).
Estimated annual labor cost:
$3,600,000.
Labor costs are determined by
applying applicable wage rates to
associated burden hours. Staff presumes
an attorney will prepare or update the
disclosure document at an estimated
$250 per hour.2 As applied, this would
yield approximately $3,562,500 in labor
costs attributable to compliance with
the Rule’s disclosure requirements ((250
new business opportunity sellers × $250
per hour × 30 hours per seller) + (2,250
established business opportunity sellers
× $250 per hour x 3 hours per seller)).
Staff anticipates that recordkeeping
would be performed by clerical staff at
approximately $15 per hour.3 At 2,500
hours per year for all affected business
opportunity sellers (see above), this
amounts to an estimated $37,500 of
recordkeeping cost. Thus, the combined
labor costs for recordkeeping and
disclosure for business opportunity
sellers is approximately $3,600,000.
Estimated non-labor cost: $3,887,500.
Business opportunity sellers must
also incur costs to print and distribute
the disclosure document. These costs
2 Based upon staff’s informal discussions with
several franchises in various regions of the country.
3 Based on the ‘‘National Compensation Survey:
Occupational Wages in the United States, 2010,’’
U.S. Department of Labor, Bureau of Labor Statistics
(May 2011), available at https://www.bls.gov/ncs/
ocs/sp/nctb1477.pdf. Clerical estimates are derived
from the above source data, rounded upward, for
‘‘new accounts clerks.’’
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17:37 Sep 23, 2011
Jkt 223001
vary based upon the length of the
disclosures and the number of copies
produced to meet the expected demand.
Staff estimates that 2,500 business
opportunity sellers print and mail 100
documents per year at a cost of $15 per
document, for a total cost of $3,750,000
(2,500 business opportunity sellers ×
100 documents per year × $15 per
document).
Business opportunity sellers must
also complete and disseminate an FTCrequired cover sheet that identifies the
business opportunity seller, the date the
document is issued, a table of contents,
and a notice that tracks the language
specifically provided in the Rule.
Although some of the language in the
cover sheet is supplied by the
government for the purpose of
disclosure to the public, and is thus
excluded from the definition of
‘‘collection of information’’ under the
PRA, see 5 CFR 1320.3(c)(2), there are
residual costs to print and mail these
cover sheets, including within them the
presentation of related information
beyond the supplied text. Staff estimates
that 2,500 business opportunity sellers
complete and disseminate 100 cover
sheets per year at a cost of
approximately $0.55 per cover sheet, or
a total cost of approximately $137,500
(2,500 business opportunity sellers ×
100 cover sheets per year × $0.55 per
cover sheet).
Accordingly, the cumulative nonlabor cost incurred by business
opportunity sellers each year
attributable to compliance will be
approximately $3,887,500 ($3,750,000
for printing and mailing documents +
$137,500 for completing and mailing
cover sheets).
Request for Comment
You can file a comment online or on
paper. For the FTC to consider your
comment, we must receive it on or
before November 25, 2011. Write ‘‘16
CFR part 437: Paperwork Comment,
FTC File No. P114408’’ on your
comment. Your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the public Commission
Web site, at https://www.ftc.gov/os/
publiccomments.shtm. As a matter of
discretion, the Commission tries to
remove individuals’ home contact
information from comments before
placing them on the Commission Web
site.
Because your comment will be made
public, you are solely responsible for
making sure that your comment does
not include any sensitive personal
information, like anyone’s Social
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Security number, date of birth, driver’s
license number or other state
identification number or foreign country
equivalent, passport number, financial
account number, or credit or debit card
number. You are also solely responsible
for making sure that your comment does
not include any sensitive health
information, like medical records or
other individually identifiable health
information. In addition, do not include
any ‘‘[t]rade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential * * *, ’’ as provided in
Section 6(f) of the FTC Act, 15 U.S.C.
46(f), and FTC Rule 4.10(a)(2), 16 CFR
4.10(a)(2). If you want the Commission
to give your comment confidential
treatment, you must file it in paper
form, with a request for confidential
treatment, and you have to follow the
procedure explained in FTC Rule 4.9(c),
16 CFR 4.9(c).4 Your comment will be
kept confidential only if the FTC
General Counsel, in his or her sole
discretion, grants your request in
accordance with the law and the public
interest.
Postal mail addressed to the
Commission is subject to delay due to
heightened security screening. As a
result, we encourage you to submit your
comments online, or to send them to the
Commission by courier or overnight
service. To make sure that the
Commission considers your online
comment, you must file it at https://
ftcpublic.commentworks.com/ftc/
BusinessOptionRulePRA by following
the instructions on the web-based form.
If this Notice appears at https://
www.regulations.gov/#!home, you also
may file a comment through that Web
site.
If you file your comment on paper,
write ‘‘16 CFR part 437: Paperwork
Comment, FTC File No. P114408’’ on
your comment and on the envelope, and
mail or deliver it to the following
address: Federal Trade Commission,
Office of the Secretary, Room H–113
(Annex J), 600 Pennsylvania Avenue,
NW., Washington, DC 20580. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
Visit the Commission Web site at
https://www.ftc.gov to read this Notice
and the news release describing it. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
4 In particular, the written request for confidential
treatment that accompanies the comment must
include the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record. See
FTC Rule 4.9(c), 16 CFR 4.9(c).
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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Notices
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before November 25, 2011. You can find
more information, including routine
uses permitted by the Privacy Act, in
the Commission’s privacy policy, at
https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2011–24573 Filed 9–23–11; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
jlentini on DSK4TPTVN1PROD with NOTICES
Statement of Organization, Functions
and Delegations of Authority
Part A (Office of the Secretary),
Statement of Organization, Functions,
and Delegations of Authority of the
Department of Health and Human
Services (HHS) is being amended at
Chapter AE, Office of the Assistant
Secretary for Planning and Evaluation
(ASPE), as last amended at 66 FR
61341–42 dated September 30, 2002 and
most recently at 73 FR 19977, dated
April 16, 2010 and at 76 FR 19361–62,
dated April 7, 2011. This notice
establishes a fourth division under the
Office of Health Policy (HP) and
restate’s HP’s functional statement in its
entirety. The changes are as follows:
I. Under Section AE.20 Functions,
deleted Paragraph B, Office of Health
Policy (AEH), in its entirety and replace
with the following:
B. The Office of Health Policy (AEH)
The Office of Health Policy (HP) is
responsible for policy development and
coordination and for the conduct and
coordination of research, evaluation,
and data, on matters relating to health
systems, services, and financing.
Functions include policy and long-range
planning; policy, economic, program
and budget analysis; evaluation; review
of regulations and development of
legislation. Health policy matters
includes public health, health services
and systems, public and private health
insurance, health care financing, health
care quality, consumer health
information, and the interaction among
these matters and sectors. HP is
responsible for developing and
coordinating a health policy research,
information, and analytical program to
gain information concerning health
services, public health, delivery systems
and financing. The Office works closely
with other ASPE and HHS offices on
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19:07 Sep 23, 2011
Jkt 223001
these matters, coordinates and shares
information across Federal agencies,
and collaborates with the health policy
and health services research
community. HP works closely with the
Department’s Centers for Medicare &
Medicaid Services, the Agency for
Healthcare Research and Quality, the
Health Resources and Services
Administration, the Indian Health
Service, The Office of the Assistant
Secretary of Health, the Substance
Abuse and Mental Health Services
Administration, and other HHS
agencies.
1. The Division of Health Care
Financing Policy (AEH1) is responsible
for policies and functions of the office
concerning health care financing and
health care costs, principally Federal
health care financing related to the
Department’s Medicare program,
including matters concerning structural
changes and modernization for the longterm, such as drug benefits, coverage
and eligibility, new technology, new
delivery systems, and payments for
services. This includes development of
studies, policies, and mechanisms
concerning the financing and delivery of
health care for the Medicare population
as well as evaluations of programs and
delivery system innovations. The
division monitors, analyzes, and
maintains liaison with programs and
policies in the Department and outside
the Department that effect functions of
the Division.
2. The Division of Public Health
Services Policy (AEH2) is responsible
for the functions of the office related to
public health services and policies. The
division conducts and develops
analyses, studies, evaluations, and
guidelines on matters such as:
monitoring and addressing public
health services resources and needs;
assessing the design and effectiveness of
health promotion/disease prevention
endeavors; monitoring and addressing
health disparities; projecting workforce
needs; developing options for
addressing workforce needs and
shortages; developing options for
improving the interaction between the
medical services delivery system and
population-based public health services;
and addressing numerous other issues
affecting both public and private
healthcare services endeavors. The
division monitors, analyzes, and
maintains liaison with programs and
policies both inside and outside the
Department that effect functions of the
Division’s mission.
3. The Division of Health Care Access
and Coverage Policy (AEH3) focuses on
oversight of the private health insurance
marketplace and the financing and
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59399
delivery of health care services for lowincome populations. The division is
responsible for the functions of the
office with respect to private health
insurance, the Medicaid program, the
Children’s Health Insurance Program,
coverage for the uninsured, and other
policies and programs to help low
income individuals and families have
access to health care services. This
includes development of studies,
policies, and mechanisms that integrate
the financing and delivery of health care
services for this population. This
division will collaborate with the
Division of Health Care Financing
Policy on issues effecting populations
who are dually eligible for Medicare and
Medicaid and other crosscutting areas.
The division monitors, analyzes, and
maintains liaison with programs and
policies in the Department and outside
the Department that effect functions of
the Division.
4. The Division of Health Care Quality
and Outcomes Policy (AEH4) is
responsible for functions related to
quality measurement and improvement,
performance reporting and performance
incentives, and patient-centered
outcomes research. This includes
development of studies, policies, and
mechanisms to support data
infrastructure development to support
outcomes research as well as developing
and disseminating evidence relating to
patient outcomes research. The division
monitors, analyzes, and maintains
liaison with programs and policies in
the Department and outside the
Department that effect functions of the
Division.
II. Delegations of Authority: All
delegations and redelegations of
authority made to officials and
employees of affected organizational
components will continue in them or
their successors pending further
redelegation, provided they are
consistent with this reorganization.
Dated: September 19, 2011.
E.J. Holland, Jr.,
Assistant Secretary for Administration.
[FR Doc. 2011–24621 Filed 9–23–11; 8:45 am]
BILLING CODE 4150–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Proposed Information Collection
Activity; Comment Request
Title: Responsible Fatherhood Reentry
Strategies Study—Discussion Guides.
OMB No.: New Collection.
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Agencies
[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59397-59399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24573]
=======================================================================
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission (``Commission'' or ``FTC'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The information collection requirements described below will
be submitted to the Office of Management and Budget (``OMB'') for
review, as required by the Paperwork Reduction Act (``PRA''). The FTC
is seeking public comments on its proposal to extend through December
31, 2014, the current PRA clearance for information collection
requirements contained in the Commission's Business Opportunity Rule
(``Rule''). The current clearance expires on December 31, 2011.
DATES: Comments must be submitted on or before November 25, 2011.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``16 CFR Part 437:
Paperwork Comment, FTC File No. P114408'' on your comment, and file
your comment online at https://ftcpublic.commentworks.com/ftc/BusinessOptionRulePRA by following the instructions on the web-based
form. If you prefer to file your comment on paper, mail or deliver your
comment to the following address: Federal Trade Commission, Office of
the Secretary, Room H-113 (Annex J), 600 Pennsylvania Avenue, NW.,
Washington, DC 20580.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be addressed to Christine M. Todaro (202) 326-3711, Division of
Marketing Practices, Room 286, Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, Federal
agencies must obtain approval from OMB for each collection of
information they conduct or sponsor. ``Collection of information''
means agency requests or requirements that members of the public submit
reports, keep records, or provide information to a third party. 44
U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A)
of the PRA, the FTC is providing this opportunity for public comment
before requesting that OMB extend the existing clearance for the
information collection requirements contained in the Business
Opportunity Rule, 16 CFR part 437 (OMB Control Number 3084-0142).
The FTC invites comments on: (1) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
The Rule is designed to ensure that prospective purchasers of a
business opportunity receive information that will help them evaluate
the opportunity that is presented to them. Part 437 was promulgated in
March of 2007, concurrently with the amendment of the Franchise Rule.
Part 437 mirrors the requirements and prohibitions of the original
Franchise Rule, and imposes no additional disclosure or recordkeeping
obligations or prohibitions.\1\ The Rule requires business opportunity
sellers to furnish to prospective purchasers a disclosure document that
provides information relating to the seller, the seller's business, the
nature of the proposed business opportunity, as well as additional
information regarding any claims about actual or potential sales,
income, or profits for a prospective business opportunity purchaser.
The seller must also preserve information that forms a reasonable basis
for such claims. These requirements are subject to the PRA.
---------------------------------------------------------------------------
\1\ In March of 2008, the Commission published the Business
Opportunity Rule Revised Notice of Proposed Rulemaking, 73 FR 16110
(March 26, 2008) (``Notice''). The Notice proposed amending the
Business Opportunity Rule substantially, and would, among other
things, reduce the number of required disclosures by sellers of
business opportunities to prospective purchasers. Conversely, the
Notice proposed amending the rule to expand the coverage of entities
required to make disclosures to include a broader array of business
opportunities than those covered by the original Franchise Rule. For
now, however, only those businesses opportunities covered by the
original Franchise Rule--such as vending machine and rack display
opportunities--remain covered under part 437.
---------------------------------------------------------------------------
Estimated annual hours burden: 16,750 hours.
Based on a review of trade publications and information from state
regulatory authorities, staff believes that, on average, from year to
year, there are approximately 2,500 business opportunity sellers, with
perhaps about 10% of that total reflecting an equal amount of new and
departing business entrants.
The burden estimates for compliance will vary depending on the
particular business opportunity seller's prior experience with the
original Franchise Rule. Staff estimates that 250 or so new business
opportunity sellers will enter the market each year, requiring
approximately 30 hours each to develop a Rule-compliant disclosure
document. Thus, staff estimates that the cumulative annual disclosure
burden for new business opportunity sellers will be approximately 7,500
hours. Staff further estimates that the remaining 2,250
[[Page 59398]]
established business opportunity sellers will require no more than
approximately 3 hours each to update their disclosure document.
Accordingly, the cumulative estimated annual disclosure burden for
established business opportunity sellers will be approximately 6,750
hours.
Business opportunity sellers may need to maintain additional
documentation for the sale of business opportunities in states not
currently requiring these records as part of their regulation of
business opportunity sellers. This might entail an additional hour of
recordkeeping per year. Accordingly, staff estimates that business
opportunity sellers will cumulatively incur approximately 2,500 hours
of recordkeeping burden per year (2,500 business opportunity sellers x
1 hour).
Thus, the total burden for business opportunity sellers is
approximately 16,750 hours (7,500 hours of disclosure burden for new
business opportunity sellers + 6,750 hours of disclosure burden for
established business opportunity sellers + 2,500 of recordkeeping
burden for all business opportunity sellers).
Estimated annual labor cost: $3,600,000.
Labor costs are determined by applying applicable wage rates to
associated burden hours. Staff presumes an attorney will prepare or
update the disclosure document at an estimated $250 per hour.\2\ As
applied, this would yield approximately $3,562,500 in labor costs
attributable to compliance with the Rule's disclosure requirements
((250 new business opportunity sellers x $250 per hour x 30 hours per
seller) + (2,250 established business opportunity sellers x $250 per
hour x 3 hours per seller)).
---------------------------------------------------------------------------
\2\ Based upon staff's informal discussions with several
franchises in various regions of the country.
---------------------------------------------------------------------------
Staff anticipates that recordkeeping would be performed by clerical
staff at approximately $15 per hour.\3\ At 2,500 hours per year for all
affected business opportunity sellers (see above), this amounts to an
estimated $37,500 of recordkeeping cost. Thus, the combined labor costs
for recordkeeping and disclosure for business opportunity sellers is
approximately $3,600,000.
---------------------------------------------------------------------------
\3\ Based on the ``National Compensation Survey: Occupational
Wages in the United States, 2010,'' U.S. Department of Labor, Bureau
of Labor Statistics (May 2011), available at https://www.bls.gov/ncs/ocs/sp/nctb1477.pdf. Clerical estimates are derived from the above
source data, rounded upward, for ``new accounts clerks.''
---------------------------------------------------------------------------
Estimated non-labor cost: $3,887,500.
Business opportunity sellers must also incur costs to print and
distribute the disclosure document. These costs vary based upon the
length of the disclosures and the number of copies produced to meet the
expected demand. Staff estimates that 2,500 business opportunity
sellers print and mail 100 documents per year at a cost of $15 per
document, for a total cost of $3,750,000 (2,500 business opportunity
sellers x 100 documents per year x $15 per document).
Business opportunity sellers must also complete and disseminate an
FTC-required cover sheet that identifies the business opportunity
seller, the date the document is issued, a table of contents, and a
notice that tracks the language specifically provided in the Rule.
Although some of the language in the cover sheet is supplied by the
government for the purpose of disclosure to the public, and is thus
excluded from the definition of ``collection of information'' under the
PRA, see 5 CFR 1320.3(c)(2), there are residual costs to print and mail
these cover sheets, including within them the presentation of related
information beyond the supplied text. Staff estimates that 2,500
business opportunity sellers complete and disseminate 100 cover sheets
per year at a cost of approximately $0.55 per cover sheet, or a total
cost of approximately $137,500 (2,500 business opportunity sellers x
100 cover sheets per year x $0.55 per cover sheet).
Accordingly, the cumulative non-labor cost incurred by business
opportunity sellers each year attributable to compliance will be
approximately $3,887,500 ($3,750,000 for printing and mailing documents
+ $137,500 for completing and mailing cover sheets).
Request for Comment
You can file a comment online or on paper. For the FTC to consider
your comment, we must receive it on or before November 25, 2011. Write
``16 CFR part 437: Paperwork Comment, FTC File No. P114408'' on your
comment. Your comment--including your name and your state--will be
placed on the public record of this proceeding, including, to the
extent practicable, on the public Commission Web site, at https://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the
Commission tries to remove individuals' home contact information from
comments before placing them on the Commission Web site.
Because your comment will be made public, you are solely
responsible for making sure that your comment does not include any
sensitive personal information, like anyone's Social Security number,
date of birth, driver's license number or other state identification
number or foreign country equivalent, passport number, financial
account number, or credit or debit card number. You are also solely
responsible for making sure that your comment does not include any
sensitive health information, like medical records or other
individually identifiable health information. In addition, do not
include any ``[t]rade secret or any commercial or financial information
which is obtained from any person and which is privileged or
confidential * * *, '' as provided in Section 6(f) of the FTC Act, 15
U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). If you want
the Commission to give your comment confidential treatment, you must
file it in paper form, with a request for confidential treatment, and
you have to follow the procedure explained in FTC Rule 4.9(c), 16 CFR
4.9(c).\4\ Your comment will be kept confidential only if the FTC
General Counsel, in his or her sole discretion, grants your request in
accordance with the law and the public interest.
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\4\ In particular, the written request for confidential
treatment that accompanies the comment must include the factual and
legal basis for the request, and must identify the specific portions
of the comment to be withheld from the public record. See FTC Rule
4.9(c), 16 CFR 4.9(c).
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Postal mail addressed to the Commission is subject to delay due to
heightened security screening. As a result, we encourage you to submit
your comments online, or to send them to the Commission by courier or
overnight service. To make sure that the Commission considers your
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/BusinessOptionRulePRA by following the instructions on the web-
based form. If this Notice appears at https://www.regulations.gov/#!home, you also may file a comment through that Web site.
If you file your comment on paper, write ``16 CFR part 437:
Paperwork Comment, FTC File No. P114408'' on your comment and on the
envelope, and mail or deliver it to the following address: Federal
Trade Commission, Office of the Secretary, Room H-113 (Annex J), 600
Pennsylvania Avenue, NW., Washington, DC 20580. If possible, submit
your paper comment to the Commission by courier or overnight service.
Visit the Commission Web site at https://www.ftc.gov to read this
Notice and the news release describing it. The FTC Act and other laws
that the Commission administers permit the collection of public
comments to
[[Page 59399]]
consider and use in this proceeding as appropriate. The Commission will
consider all timely and responsive public comments that it receives on
or before November 25, 2011. You can find more information, including
routine uses permitted by the Privacy Act, in the Commission's privacy
policy, at https://www.ftc.gov/ftc/privacy.htm.
David C. Shonka,
Acting General Counsel.
[FR Doc. 2011-24573 Filed 9-23-11; 8:45 am]
BILLING CODE 6750-01-P