Agency Information Collection Activities; Proposed Collection; Comment Request, 54276-54278 [2014-21685]
Download as PDF
54276
Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Notices
Obligor: Air Canada.
Guarantor(s): Air Canada Rouge.
Description of Items Being Exported
Boeing 787 aircraft.
Information on Decision: Information
on the final decision for this transaction
will be available in the ‘‘Summary
Minutes of Meetings of Board of
Directors’’ on https://exim.gov/
newsandevents/boardmeetings/board/.
Confidential Information: Please note
that this notice does not include
confidential or proprietary business
information; information which, if
disclosed, would violate the Trade
Secrets Act; or information which
would jeopardize jobs in the United
States by supplying information that
competitors could use to compete with
companies in the United States.
Lloyd Ellis,
Program Specialist, Office of the General
Counsel.
[FR Doc. 2014–21234 Filed 9–10–14; 8:45 am]
BILLING CODE 6690–01–P
Follow the instructions provided at the
Submit a Comment screen. Please
include your name, company name (if
any) and [EIB–2014–0042] on any
attached document.
Reference: AP088514XX.
Purpose and Use
Brief Description of the Purpose of the
Transaction
To support the export of U.S.manufactured commercial aircraft to
Canada.
Brief Non-proprietary Description of the
Anticipated Use of the Items Being
Exported
To be used for long-haul passenger air
service between Canada and other
countries. To the extent that Ex-Im Bank
is reasonably aware, the item(s) being
exported are not expected to produce
exports or provide services in
competition with the exportation of
goods or provision of services by a
United States industry.
Parties
EXPORT-IMPORT BANK
[Public Notice: 2014–0042]
Application for Final Commitment for a
Long-Term Loan or Financial
Guarantee in Excess of $100 Million:
AP088514XX
Export-Import Bank of the
United States.
ACTION: Notice.
AGENCY:
This Notice is to inform the
public, in accordance with Section
3(c)(10) of the Charter of the ExportImport Bank of the United States (‘‘ExIm Bank’’), that Ex-Im Bank has received
an application for final commitment for
a long-term loan or financial guarantee
in excess of $100 million (as calculated
in accordance with Section 3(c)(10) of
the Charter).
Comments received within the
comment period specified below will be
presented to the Ex-Im Bank Board of
Directors prior to final action on this
Transaction. Comments received will be
made available to the public.
DATES: Comments must be received on
or before October 6, 2014 to be assured
of consideration before final
consideration of the transaction by the
Board of Directors of Ex-Im Bank.
ADDRESSES: Comments may be
submitted through Regulations.gov at
WWW.REGULATIONS.GOV. To submit
a comment, enter [EIB–2014–0042]
[OGC to insert Regulations.gov docket
number] under the heading ‘‘Enter
Keyword or ID’’ and select Search.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:29 Sep 10, 2014
Jkt 232001
Principal Supplier: The Boeing
Company.
Obligor: Air Canada.
Guarantor(s): N/A.
Description of Items Being Exported
Boeing 787 aircraft
Information on Decision: Information
on the final decision for this transaction
will be available in the ‘‘Summary
Minutes of Meetings of Board of
Directors’’ on https://exim.gov/
newsandevents/boardmeetings/board/.
Confidential Information: Please note
that this notice does not include
confidential or proprietary business
information; information which, if
disclosed, would violate the Trade
Secrets Act; or information which
would jeopardize jobs in the United
States by supplying information that
competitors could use to compete with
companies in the United States.
Lloyd Ellis,
Program Specialist, Office of the General
Counsel.
[FR Doc. 2014–21235 Filed 9–10–14; 8:45 am]
BILLING CODE 6690–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Notice.
AGENCY:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
The FTC intends to ask the
Office of Management and Budget
(‘‘OMB’’) to extend for an additional
three years the current Paperwork
Reduction Act (‘‘PRA’’) clearance for
information collection requirements
contained in the Commission’s Business
Opportunity Rule (‘‘Rule’’). That
clearance expires on February 28, 2015.
DATES: Comments must be submitted by
November 10, 2014.
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 ‘‘Business Opportunity
Rule 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 your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street, SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be addressed to Christine M.
Todaro, Attorney, Division of Marketing
Practices, Bureau of Consumer
Protection, Federal Trade Commission,
600 Pennsylvania Avenue NW, CC–
8528, Washington, DC 20580, (202) 326–
3711.
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;
SUMMARY:
E:\FR\FM\11SEN1.SGM
11SEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Notices
(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 Business Opportunity 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 disclosure and
recordkeeping requirements are subject
to the PRA.
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. Sellers must
disclose five key items of information in
a simple, one-page document:
• The seller’s identifying information;
• whether the seller makes a claim
about the purchaser’s likely earnings
(and, if the seller checks the ‘‘yes’’ box,
the seller must provide information
supporting any such claims);
• whether the seller, its affiliates or
key personnel have been involved in
certain legal actions (and, if yes, a
separate list of those actions);
• whether the seller has a
cancellation or refund policy (and, if
yes, a separate document stating the
material terms of such policies); and
• a list of persons who bought the
business opportunity within the
previous three years.
Misrepresentations and omissions are
prohibited under the Rule, and for sales
conducted in languages other than
English, all disclosures must be
provided in the language in which the
sale is conducted.
PRA Burden Analysis
Subject to public comment to shed
further light, the FTC retains its
respondent population estimates from
the PRA analysis tied to its 2011 final
VerDate Mar<15>2010
18:29 Sep 10, 2014
Jkt 232001
amendments to the Rule.1 Thus, FTC
staff estimates there are approximately
3,050 business opportunity sellers
covered by the Rule, including vending
machine, rack display, work-at-home,
and other opportunity sellers. Staff also
estimates that approximately 10% of the
3,050 business opportunity sellers
covered by the Rule reflects an equal
amount of new and departing business
entrants (thus, for simplicity, staff
assumes that, for a given year, there are
2,745 existing business opportunity
sellers plus 305 new entrants to the
field). Additionally, staff estimates that
approximately 168 of business
opportunity sellers market business
opportunities in Spanish (in addition to
English) and approximately 92 sellers
market in languages other than English
or Spanish 2 (in addition to English).
A. Estimated Hours Burden
The burden estimates for compliance
will vary depending on the particular
business opportunity seller’s prior
experience with the Rule. Commission
staff estimates that the projected 2,745
existing business opportunity sellers
will require no more than
approximately two hours to update the
disclosure document [5,490 total hours].
Staff further projects that the estimated
305 new business opportunity sellers
will require no more than
approximately five hours to develop the
disclosure document [1,525 total hours].
Both existing and new business
opportunity sellers will require
approximately one hour to file and store
records [3,050 total hours], for a
cumulative total of 10,065 hours [5,490
hours + 1,525 hours + 3,050 hours] per
year to meet the Rule’s disclosure and
recordkeeping requirements.
B. Estimated Labor Cost
Labor costs are determined by
applying applicable wage rates to
associated burden hours. Commission
staff assumes that an attorney likely
1 76
FR 76816, 76856 (Dec. 8, 2011).
estimate how many of the 3,050 sellers
market business opportunities in languages other
than English, FTC staff relies upon 2012 United
States Census Bureau (‘‘Census’’) data. Calculations
based upon this data reveal that approximately
5.5% of the United States population speaks
Spanish or Spanish Creole at home and speaks
English less than ‘‘very well.’’ Calculations based
upon that same survey reveal that approximately
3.0% of the United States population speaks a
language other than Spanish, Spanish Creole, or
English at home and speak English less than ‘‘very
well.’’ Staff thus projected that 5.5% of all entities
selling business opportunities market in Spanish or
Spanish Creole and 3.0% of all entities selling
business opportunities market in languages other
than English, Spanish and Spanish Creole. https://
factfinder2.census.gov/faces/tableservices/jsf/
pages/productview.xhtml?pid=ACS_12_1YR_
S1601&prodType=table.
2 To
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
54277
would prepare or update the disclosure
document at an estimated hourly rate of
$250. Accordingly, staff estimates that
cumulative labor costs are $2,516,250
[10,065 hours × $250 per hour].
C. Estimated Non-Labor Costs:
1. Printing and Mailing of the Disclosure
Document
Business opportunity sellers must
also incur costs to print and distribute
the single-page disclosure document,
plus any attachments. These costs vary
based upon the length of the
attachments and the number of copies
produced to meet the expected demand.
Commission staff estimates that 3,050
business opportunity sellers will print
and mail approximately 1,000
disclosure documents per year at a cost
of $1.00 per document, for a total cost
of $3,050,000. Conceivably, many
business opportunity sellers will elect to
furnish disclosures electronically; thus,
the total cost could be much less.
2. Translating the Required Disclosures
Into a Language Other Than English
The Rule requires that sellers update
their disclosures. The costs associated
with translating the disclosures will
vary depending upon a business
opportunity seller’s prior experience
with the Rule and the language the
seller uses to market the opportunity.
For example, existing and new business
opportunity sellers marketing in
Spanish will not incur costs to translate
the disclosure document as Appendices
A and B to the Rule provide,
respectively, illustrations of the
requisite disclosure documents in
English and Spanish. Existing sellers,
regardless of the non-English language
used to present disclosures, may incur
translation costs to update the
document. New entrants that market
business opportunities in languages
other than English or Spanish (in
addition to an assumed use of
disclosure documents in English) will
incur translation costs to translate
Appendix A from English and to enter
equivalent responses in these other
languages.
As stated above, using assumptions
informed by Census data (see footnote
2), FTC staff estimates that 168 sellers
market business opportunities in
Spanish and an additional 92 sellers
market in languages other than English
or Spanish. This includes an estimated
9 new entrants in the latter sub-category
(based on the assumption that 10%
yearly of a given group consists of new
entrants with an equal offset for
departing business entities). Those new
entrants will incur initial translation
E:\FR\FM\11SEN1.SGM
11SEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
54278
Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Notices
costs to draft a disclosure document
consistent with Appendix A to the Rule.
There are 485 words in Appendix A
to the Rule. Therefore, the total cost
burden to translate the disclosure
document for the 9 new business
opportunity sellers marketing in a
language other than English or Spanish
will be approximately $764 [9 sellers ×
(17.5 cents 3 per word × 485 words)].
For purposes of this PRA analysis,
staff assumes that both new and existing
business opportunity sellers marketing
business opportunities in languages
other than English [260 sellers]: (1) are
marketing in both English and another
language; (2) are not incorporating any
existing materials into their disclosure
document; (3) have been the subject of
civil or criminal legal actions; (4) are
making earnings claims; (5) have a
refund or cancellation policy; and (6)
because of all of the above assumptions,
require approximately 250 words
(approximately one standard, doublespaced page) to translate their updates,
in the case of existing business
opportunity sellers, or supply and
translate their initial disclosures, in the
case of new business opportunity
sellers. Therefore, the total cost to
translate the updates or to translate from
English the initial disclosures is
approximately $11,375 [260 sellers ×
(17.5 cents per word × 250 words)].
Thus, cumulative estimated non-labor
costs are $3,062,139 ($3,050,000 + $764
+ $11,375).
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 10, 2014. Write
‘‘Business Opportunity Rule 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
3 Staff estimates that it will cost approximately
17.5 cents to translate each word into the language
the sellers use to market the opportunities.
VerDate Mar<15>2010
18:29 Sep 10, 2014
Jkt 232001
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 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 ‘‘Business Opportunity Rule
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,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex J), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex J),
Washington, DC 20024. If possible,
submit your paper comment to the
Commission by courier or overnight
service.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
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).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before November 10, 2014. 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,
Principal Deputy General Counsel.
[FR Doc. 2014–21685 Filed 9–10–14; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
[File No. 122 3237]
Google Inc.; Analysis to Aid Public
Comment
Federal Trade Commission.
Proposed Consent Agreement.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair or
deceptive acts or practices. The attached
Analysis to Aid Public Comment
describes both the allegations in the
draft complaint and the terms of the
consent order—embodied in the consent
agreement—that would settle these
allegations.
SUMMARY:
Comments must be received on
or before October 6, 2014.
ADDRESSES: Interested parties may file a
comment at https://
ftcpublic.commentworks.com/ftc/
googleplayconsent online or on paper,
by following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Google Inc.—Consent
Agreement; File No. 122 3237’’ on your
comment and file your comment online
at https://ftcpublic.commentworks.com/
ftc/googleplayconsent by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW., Suite
CC–5610 (Annex D), Washington, DC
20580, or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW.,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Duane Pozza, Bureau of Consumer
Protection, (202–326–2042), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
DATES:
E:\FR\FM\11SEN1.SGM
11SEN1
Agencies
[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Notices]
[Pages 54276-54278]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21685]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The FTC intends to ask the Office of Management and Budget
(``OMB'') to extend for an additional three years the current Paperwork
Reduction Act (``PRA'') clearance for information collection
requirements contained in the Commission's Business Opportunity Rule
(``Rule''). That clearance expires on February 28, 2015.
DATES: Comments must be submitted by November 10, 2014.
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 ``Business Opportunity
Rule 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 your comment to
the following address: Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street, SW., 5th Floor, Suite 5610 (Annex J), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be addressed to Christine M. Todaro, Attorney, Division of
Marketing Practices, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue NW, CC-8528, Washington, DC 20580,
(202) 326-3711.
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;
[[Page 54277]]
(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 Business Opportunity 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 disclosure and recordkeeping requirements are
subject to the PRA.
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. Sellers must disclose five
key items of information in a simple, one-page document:
The seller's identifying information;
whether the seller makes a claim about the purchaser's
likely earnings (and, if the seller checks the ``yes'' box, the seller
must provide information supporting any such claims);
whether the seller, its affiliates or key personnel have
been involved in certain legal actions (and, if yes, a separate list of
those actions);
whether the seller has a cancellation or refund policy
(and, if yes, a separate document stating the material terms of such
policies); and
a list of persons who bought the business opportunity
within the previous three years.
Misrepresentations and omissions are prohibited under the Rule, and
for sales conducted in languages other than English, all disclosures
must be provided in the language in which the sale is conducted.
PRA Burden Analysis
Subject to public comment to shed further light, the FTC retains
its respondent population estimates from the PRA analysis tied to its
2011 final amendments to the Rule.\1\ Thus, FTC staff estimates there
are approximately 3,050 business opportunity sellers covered by the
Rule, including vending machine, rack display, work-at-home, and other
opportunity sellers. Staff also estimates that approximately 10% of the
3,050 business opportunity sellers covered by the Rule reflects an
equal amount of new and departing business entrants (thus, for
simplicity, staff assumes that, for a given year, there are 2,745
existing business opportunity sellers plus 305 new entrants to the
field). Additionally, staff estimates that approximately 168 of
business opportunity sellers market business opportunities in Spanish
(in addition to English) and approximately 92 sellers market in
languages other than English or Spanish \2\ (in addition to English).
---------------------------------------------------------------------------
\1\ 76 FR 76816, 76856 (Dec. 8, 2011).
\2\ To estimate how many of the 3,050 sellers market business
opportunities in languages other than English, FTC staff relies upon
2012 United States Census Bureau (``Census'') data. Calculations
based upon this data reveal that approximately 5.5% of the United
States population speaks Spanish or Spanish Creole at home and
speaks English less than ``very well.'' Calculations based upon that
same survey reveal that approximately 3.0% of the United States
population speaks a language other than Spanish, Spanish Creole, or
English at home and speak English less than ``very well.'' Staff
thus projected that 5.5% of all entities selling business
opportunities market in Spanish or Spanish Creole and 3.0% of all
entities selling business opportunities market in languages other
than English, Spanish and Spanish Creole. https://
factfinder2.census.gov/faces/tableservices/jsf/pages/
productview.xhtml?pid=ACS121YRS1601&prodTy
pe=table.
---------------------------------------------------------------------------
A. Estimated Hours Burden
The burden estimates for compliance will vary depending on the
particular business opportunity seller's prior experience with the
Rule. Commission staff estimates that the projected 2,745 existing
business opportunity sellers will require no more than approximately
two hours to update the disclosure document [5,490 total hours]. Staff
further projects that the estimated 305 new business opportunity
sellers will require no more than approximately five hours to develop
the disclosure document [1,525 total hours]. Both existing and new
business opportunity sellers will require approximately one hour to
file and store records [3,050 total hours], for a cumulative total of
10,065 hours [5,490 hours + 1,525 hours + 3,050 hours] per year to meet
the Rule's disclosure and recordkeeping requirements.
B. Estimated Labor Cost
Labor costs are determined by applying applicable wage rates to
associated burden hours. Commission staff assumes that an attorney
likely would prepare or update the disclosure document at an estimated
hourly rate of $250. Accordingly, staff estimates that cumulative labor
costs are $2,516,250 [10,065 hours x $250 per hour].
C. Estimated Non-Labor Costs:
1. Printing and Mailing of the Disclosure Document
Business opportunity sellers must also incur costs to print and
distribute the single-page disclosure document, plus any attachments.
These costs vary based upon the length of the attachments and the
number of copies produced to meet the expected demand. Commission staff
estimates that 3,050 business opportunity sellers will print and mail
approximately 1,000 disclosure documents per year at a cost of $1.00
per document, for a total cost of $3,050,000. Conceivably, many
business opportunity sellers will elect to furnish disclosures
electronically; thus, the total cost could be much less.
2. Translating the Required Disclosures Into a Language Other Than
English
The Rule requires that sellers update their disclosures. The costs
associated with translating the disclosures will vary depending upon a
business opportunity seller's prior experience with the Rule and the
language the seller uses to market the opportunity. For example,
existing and new business opportunity sellers marketing in Spanish will
not incur costs to translate the disclosure document as Appendices A
and B to the Rule provide, respectively, illustrations of the requisite
disclosure documents in English and Spanish. Existing sellers,
regardless of the non-English language used to present disclosures, may
incur translation costs to update the document. New entrants that
market business opportunities in languages other than English or
Spanish (in addition to an assumed use of disclosure documents in
English) will incur translation costs to translate Appendix A from
English and to enter equivalent responses in these other languages.
As stated above, using assumptions informed by Census data (see
footnote 2), FTC staff estimates that 168 sellers market business
opportunities in Spanish and an additional 92 sellers market in
languages other than English or Spanish. This includes an estimated 9
new entrants in the latter sub-category (based on the assumption that
10% yearly of a given group consists of new entrants with an equal
offset for departing business entities). Those new entrants will incur
initial translation
[[Page 54278]]
costs to draft a disclosure document consistent with Appendix A to the
Rule.
There are 485 words in Appendix A to the Rule. Therefore, the total
cost burden to translate the disclosure document for the 9 new business
opportunity sellers marketing in a language other than English or
Spanish will be approximately $764 [9 sellers x (17.5 cents \3\ per
word x 485 words)].
---------------------------------------------------------------------------
\3\ Staff estimates that it will cost approximately 17.5 cents
to translate each word into the language the sellers use to market
the opportunities.
---------------------------------------------------------------------------
For purposes of this PRA analysis, staff assumes that both new and
existing business opportunity sellers marketing business opportunities
in languages other than English [260 sellers]: (1) are marketing in
both English and another language; (2) are not incorporating any
existing materials into their disclosure document; (3) have been the
subject of civil or criminal legal actions; (4) are making earnings
claims; (5) have a refund or cancellation policy; and (6) because of
all of the above assumptions, require approximately 250 words
(approximately one standard, double-spaced page) to translate their
updates, in the case of existing business opportunity sellers, or
supply and translate their initial disclosures, in the case of new
business opportunity sellers. Therefore, the total cost to translate
the updates or to translate from English the initial disclosures is
approximately $11,375 [260 sellers x (17.5 cents per word x 250
words)].
Thus, cumulative estimated non-labor costs are $3,062,139
($3,050,000 + $764 + $11,375).
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 10, 2014. Write
``Business Opportunity Rule 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 grants your request in accordance with the law and the
public interest.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 ``Business Opportunity
Rule 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, 600 Pennsylvania Avenue NW,
Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment
to the following address: Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite
5610 (Annex J), Washington, DC 20024. If possible, submit your paper
comment to the Commission by courier or overnight service.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to 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 10,
2014. 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,
Principal Deputy General Counsel.
[FR Doc. 2014-21685 Filed 9-10-14; 8:45 am]
BILLING CODE 6750-01-P