Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 6727-6729 [2023-01997]
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6727
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices
themselves with the Commission’s ex
parte rules.
Filing Requirements. All filings
responsive to the public notice must
reference MB Docket No. 12–108.
Pursuant to §§ 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice to All Interested Parties of
Intent To Terminate Receiverships
Notice is hereby given that the
Federal Deposit Insurance Corporation
(FDIC or Receiver), as Receiver for the
institutions listed below, intends to
terminate its receivership for said
institutions.
[FR Doc. 2023–02116 Filed 1–31–23; 8:45 am]
BILLING CODE 6712–01–P
NOTICE OF INTENT TO TERMINATE RECEIVERSHIPS
Fund
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Receivership name
City
Silver State Bank ............................................
First Georgia Community Bank ......................
Haven Trust Bank ...........................................
Bank of Clark County .....................................
Ocala National Bank .......................................
New Frontier Bank ..........................................
First Bank of Idaho, FSB ................................
Michigan Heritage Bank .................................
Citizens Community Bank ..............................
Westsound Bank ............................................
Community Bank of West Georgia .................
Integrity Bank ..................................................
Union Bank, NA ..............................................
Enterprise Banking Co ...................................
First Community Bank ....................................
First Georgia Banking Co ...............................
One Georgia Bank ..........................................
Bank of Whitman ............................................
Home Savings of America ..............................
Global Commerce Bank .................................
Henderson ......................................................
Jackson ...........................................................
Duluth .............................................................
Vancouver .......................................................
Ocala ..............................................................
Greeley ...........................................................
Ketchum ..........................................................
Farmington Hills ..............................................
Ridgewood ......................................................
Bremerton .......................................................
Villa Rica .........................................................
Jupiter .............................................................
Gilbert .............................................................
McDonough ....................................................
Taos ................................................................
Franklin ...........................................................
Atlanta .............................................................
Colfax ..............................................................
Little Falls .......................................................
Doraville ..........................................................
The liquidation of the assets for each
receivership has been completed. To the
extent permitted by available funds and
in accordance with law, the Receiver
will be making a final dividend
payment to proven creditors.
Based upon the foregoing, the
Receiver has determined that the
continued existence of the receiverships
will serve no useful purpose.
Consequently, notice is given that the
receiverships shall be terminated, to be
effective no sooner than thirty days after
the date of this notice. If any person
wishes to comment concerning the
termination of any of the receiverships,
such comment must be made in writing,
identify the receivership to which the
comment pertains, and be sent within
thirty days of the date of this notice to:
Federal Deposit Insurance Corporation,
Division of Resolutions and
Receiverships, Attention: Receivership
Oversight Section, 600 North Pearl,
Suite 700, Dallas, TX 75201.
No comments concerning the
termination of the above-mentioned
receiverships will be considered which
are not sent within this timeframe.
(Authority: 12 U.S.C. 1819)
VerDate Sep<11>2014
21:04 Jan 31, 2023
Jkt 259001
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on January 27,
2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023–02115 Filed 1–31–23; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
Federal Trade Commission.
Notice.
AGENCY:
ACTION:
In accordance with the
Paperwork Reduction Act of 1995
(‘‘PRA’’), the Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’) is seeking
public comment on its proposal to
extend for an additional three years the
Office of Management and Budget
(‘‘OMB’’) clearance for information
collection requirements in its Trade
Regulation Rule on Disclosure
Requirements and Prohibitions
Concerning Franchising (‘‘Franchise
SUMMARY:
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Sfmt 4703
State
NV
GA
GA
WA
FL
CO
ID
MI
NJ
WA
GA
FL
AZ
GA
NM
GA
GA
WA
MN
GA
Date of
appointment of
receiver
09/05/2008
12/05/2008
12/12/2008
01/16/2009
01/30/2009
04/10/2009
04/24/2009
04/24/2009
05/01/2009
05/08/2009
06/26/2009
07/31/2009
08/14/2009
01/21/2011
01/28/2011
05/20/2011
07/15/2011
08/05/2011
02/24/2012
03/02/2012
Rule’’ or ‘‘Rule’’). That clearance expires
on November 30, 2023.
DATES: Comments must be filed by April
3, 2023.
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 ‘‘Franchise Rule, PRA
Comment, FTC File No. P094400,’’ on
your comment, and file your comment
online at https://www.regulations.gov by
following the instructions on the webbased 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:
Christine M. Todaro, Attorney, Division
of Marketing Practices, Bureau of
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6728
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices
Consumer Protection, 600 Pennsylvania
Ave. NW, CC–8548, Washington, DC
20580, (202) 326–3711, ctodaro@ftc.gov.
lotter on DSK11XQN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
Title of Collection: Franchise Rule, 16
CFR part 436.
OMB Control Number: 3084–0107.
Type of Review: Extension without
change of currently approved collection.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
22,480.
Estimated Annual Labor Costs:
$8,386,800.
Estimated Annual Non-Labor Costs:
$4,800,000.
Abstract: The Franchise Rule ensures
that consumers who are considering a
franchise investment have access to the
material information they need to make
an informed investment decision and
compare different franchise offerings.
The Rule requires franchisors to furnish
prospective purchasers with a Franchise
Disclosure Document (‘‘FDD’’) that
provides information relating to the
franchisor, its business, the nature of the
proposed franchise, and any
representations by the franchisor about
financial performance regarding actual
or potential sales, income, or profits.
The Rule also requires that franchisors
maintain records to facilitate
enforcement of the Rule.1 The
franchisor must preserve materially
different copies of its FDD for 3 years,
as well as information that provides a
reasonable basis for any financial
performance representation it elects to
make.
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. See 44 U.S.C. 3502(3); 5
CFR 1320.3(c). As required by section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), 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 Franchise
Rule, 16 CFR part 436 (OMB Control No.
3084–0107).
1 The Rule was amended in 2007 to conform its
disclosure requirements with the disclosure format
accepted by states that have franchise registration
or disclosure laws. See 72 FR 15444 (Mar. 30, 2007).
The amended Rule has significantly minimized any
compliance burden beyond what is required by
state law.
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21:04 Jan 31, 2023
Jkt 259001
Burden Statement
Estimated Annual Hours Burden:
22,480.
FTC staff estimates that there are
approximately 4,000 sellers of
franchises covered by the Rule, with
approximately 6% (240) of that total
reflecting an equal amount of new and
departing business entrants.2 FTC staff
estimates that the average annual
disclosure burden for established
franchisors to update existing disclosure
documents will be three hours per seller
for a total of 11,280 hours (3,760
franchisors × 3 hours). For new sellers
of franchise opportunities, FTC staff
estimates that the preparation of
disclosure documents will require
approximately 30 hours for a total of
7,200 hours (240 new franchisors × 30
hours).
Covered franchisors also may need to
maintain an alternative version of the
FDD for use in non-registration states,
which may differ from FDDs used in
registration states. FTC staff estimates
that this recordkeeping obligation
would require approximately one hour
per year. This results in an additional
burden of 4,000 hours (4,000 franchisors
× 1 hour). Under the Rule, a franchisor
is also required to retain copies of
receipts of disclosure documents, as
well as materially different versions of
its disclosure documents. Such
recordkeeping requirements, however,
are consistent with, or less burdensome
than, those imposed by the states that
have franchise registration and
disclosure laws. Accordingly, FTC staff
believes that incremental recordkeeping
burden, if any, would be de minimis.
Estimated Annual Labor Costs:
$8,386,800.
Labor costs are derived by applying
estimated hourly cost figures to the
burden hours described above. FTC staff
anticipates that an attorney will prepare
required disclosure documents at an
estimated hourly attorney rate of $450.3
For established franchisors, FTC staff
estimates the following annual labor
costs: $1,350 per established franchisor
(3 hours × $450) for a total annual cost
burden of $5,076,000 ($1,350 × 3,760
established franchisors). For new
franchisors, this yields an annual cost of
$13,500 per new franchisor (30 hours ×
$450) for a total annual cost burden of
2 Some franchise offerings may qualify for the
exemptions listed in 16 CFR 436.8. Thus, this
estimate may overestimate the number of
franchisors subject to the Rule.
3 It is staff’s understanding that franchisors often
hire outside counsel to prepare the required
disclosures, and outside counsel is typically
compensated at a higher rate than in-house
attorneys.
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Sfmt 4703
$3,240,000 for new franchisors ($13,500
× 240 new franchisors).
Additionally, FTC staff anticipates
that recordkeeping under the Rule will
be performed by clerical staff at
approximately $17.70 per hour.4 Thus,
based on the 4,000 hours of
recordkeeping burden per year for all
covered franchisors, this will amount to
a total annual labor cost of $70,800
($17.70 × 4,000 hours).
Estimated Annual Non-Labor Costs:
$4,800,000.
FTC staff estimates that the non-labor
burden incurred by franchisors differs
based on the length of the disclosure
document, the number produced, and
the method of distribution employed by
franchisors. FTC staff estimates that the
estimated 4,000 sellers of franchise
opportunities distribute approximately
100 disclosure documents each
annually for a total of 400,000
disclosure documents. FTC staff
estimates that 80% of these disclosure
documents (320,000) are distributed
electronically at a cost of $5 per
electronic disclosure. This results in a
total estimated $1,600,000 (320,000 ×
$5) in non-labor costs for electronic
disclosure. FTC staff estimates that the
remaining 20% of disclosure documents
(80,000) are distributed in hard copy at
a cost of $40 each for printing and
mailing costs. This results in a total
estimated non-labor cost burden
associated with printing and mailing
disclosure documents of $3,200,000
(80,000 × $40).
Request for Comment
Pursuant to Section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) whether the disclosure and
recordkeeping requirements are
necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (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, 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.
For the FTC to consider a comment,
we must receive it on or before April 3,
2023. Your comment, including your
name and your state, will be placed on
4 Based on Bureau and Labor Statistics’
Occupational Employment and Wages, May 2021,
National Estimates for File Clerks, available at
https://www.bls.gov/oes/current/oes434071.htm.
E:\FR\FM\01FEN1.SGM
01FEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Notices
the public record of this proceeding,
including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to the public health
emergency in response to the COVID–19
outbreak and the agency’s heightened
security screening, postal mail
addressed to the Commission will be
subject to delay. We encourage you to
submit your comments online through
the https://www.regulations.gov
website.
If you file your comment on paper,
write ‘‘Franchise Rule, PRA Comment,
FTC File No. P094400,’’ on your
comment and on the envelope, and mail
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.
Because your comment will become
publicly available at https://
www.regulations.gov, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’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, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by 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)—
including, in particular, competitively
sensitive information, such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must (1) be filed in paper
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) comply with
FTC Rule 4.9(c). In particular, the
written request for confidential
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21:04 Jan 31, 2023
Jkt 259001
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). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted publicly at
www.regulations.gov, we cannot redact
or remove your comment unless you
submit a confidentiality request that
meets the requirements for such
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
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 April 3, 2023. For information on
the Commission’s privacy policy,
including routine uses permitted by the
Privacy Act, see https://www.ftc.gov/
site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023–01997 Filed 1–31–23; 8:45 am]
BILLING CODE 6750–01–P
6729
published a Paperwork Reduction Act
notice requesting a 60-day public
comment period for the information
collection request identified under
CMS–10242, OMB control number
0938–1049, and titled ‘‘Emergency
Ambulance Transports and Beneficiary
Signature.’’
II. Explanation of Error
In the January 27, 2023, notice, the
telephone number listed for the point
contact for policy questions is incorrect.
The incorrect language is on page 5361,
in the third column, in the first
paragraph, beginning on line 7 with
‘‘(For policy’’ and ending at the end of
line 10. This notice provides the correct
telephone number.
III. Correction of Error
In the Federal Register of January 27,
2023, in FR Doc. 2023–01718 on page
5361, in the third column, in the first
paragraph, lines 7–10, beginning with
the ‘‘(For policy’’ through the end of
line 10 is corrected to ‘‘(For policy
questions regarding this collection
contact Sabrina Teferi at 404–562–
7251.)’’
Dated: January 27, 2023.
William N. Parham, III,
Director, Paperwork Reduction Staff, Office
of Strategic Operations and Regulatory
Affairs.
[FR Doc. 2023–02119 Filed 1–31–23; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
BILLING CODE 4120–01–P
Centers for Medicare & Medicaid
Services
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier CMS–10242]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Correction
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice; correction.
AGENCY:
On January 27, 2023, CMS
published a notice in the Federal
Register that sought comment on a
collection of information concerning
CMS–10242 (OMB control number
0938–1049) entitled ‘‘Emergency
Ambulance Transports and Beneficiary
Signature.’’ The telephone number for
the point of contact for policy questions
is incorrect. This document corrects the
error.
FOR FURTHER INFORMATION CONTACT:
William N. Parham, III, (410) 786–4669.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
In the January 27, 2023, issue of the
Federal Register (87 FR 5360), we
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Fmt 4703
Sfmt 4703
Centers for Medicare & Medicaid
Services
[CMS–9139–N]
Medicare and Medicaid Programs;
Quarterly Listing of Program
Issuances—October Through
December 2022
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Notice.
AGENCY:
This quarterly notice lists
CMS manual instructions, substantive
and interpretive regulations, and other
Federal Register notices that were
published from April through June
2022, relating to the Medicare and
Medicaid programs and other programs
administered by CMS.
FOR FURTHER INFORMATION CONTACT: It is
possible that an interested party may
need specific information and not be
able to determine from the listed
information whether the issuance or
regulation would fulfill that need.
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6727-6729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01997]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995
(``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comment on its proposal to extend for an additional
three years the Office of Management and Budget (``OMB'') clearance for
information collection requirements in its Trade Regulation Rule on
Disclosure Requirements and Prohibitions Concerning Franchising
(``Franchise Rule'' or ``Rule''). That clearance expires on November
30, 2023.
DATES: Comments must be filed by April 3, 2023.
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 ``Franchise Rule, PRA
Comment, FTC File No. P094400,'' on your comment, and file your comment
online at https://www.regulations.gov 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: Christine M. Todaro, Attorney,
Division of Marketing Practices, Bureau of
[[Page 6728]]
Consumer Protection, 600 Pennsylvania Ave. NW, CC-8548, Washington, DC
20580, (202) 326-3711, [email protected].
SUPPLEMENTARY INFORMATION:
Title of Collection: Franchise Rule, 16 CFR part 436.
OMB Control Number: 3084-0107.
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 22,480.
Estimated Annual Labor Costs: $8,386,800.
Estimated Annual Non-Labor Costs: $4,800,000.
Abstract: The Franchise Rule ensures that consumers who are
considering a franchise investment have access to the material
information they need to make an informed investment decision and
compare different franchise offerings. The Rule requires franchisors to
furnish prospective purchasers with a Franchise Disclosure Document
(``FDD'') that provides information relating to the franchisor, its
business, the nature of the proposed franchise, and any representations
by the franchisor about financial performance regarding actual or
potential sales, income, or profits. The Rule also requires that
franchisors maintain records to facilitate enforcement of the Rule.\1\
The franchisor must preserve materially different copies of its FDD for
3 years, as well as information that provides a reasonable basis for
any financial performance representation it elects to make.
---------------------------------------------------------------------------
\1\ The Rule was amended in 2007 to conform its disclosure
requirements with the disclosure format accepted by states that have
franchise registration or disclosure laws. See 72 FR 15444 (Mar. 30,
2007). The amended Rule has significantly minimized any compliance
burden beyond what is required by state law.
---------------------------------------------------------------------------
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. See 44 U.S.C. 3502(3); 5 CFR
1320.3(c). As required by section 3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), 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 Franchise Rule, 16
CFR part 436 (OMB Control No. 3084-0107).
Burden Statement
Estimated Annual Hours Burden: 22,480.
FTC staff estimates that there are approximately 4,000 sellers of
franchises covered by the Rule, with approximately 6% (240) of that
total reflecting an equal amount of new and departing business
entrants.\2\ FTC staff estimates that the average annual disclosure
burden for established franchisors to update existing disclosure
documents will be three hours per seller for a total of 11,280 hours
(3,760 franchisors x 3 hours). For new sellers of franchise
opportunities, FTC staff estimates that the preparation of disclosure
documents will require approximately 30 hours for a total of 7,200
hours (240 new franchisors x 30 hours).
---------------------------------------------------------------------------
\2\ Some franchise offerings may qualify for the exemptions
listed in 16 CFR 436.8. Thus, this estimate may overestimate the
number of franchisors subject to the Rule.
---------------------------------------------------------------------------
Covered franchisors also may need to maintain an alternative
version of the FDD for use in non-registration states, which may differ
from FDDs used in registration states. FTC staff estimates that this
recordkeeping obligation would require approximately one hour per year.
This results in an additional burden of 4,000 hours (4,000 franchisors
x 1 hour). Under the Rule, a franchisor is also required to retain
copies of receipts of disclosure documents, as well as materially
different versions of its disclosure documents. Such recordkeeping
requirements, however, are consistent with, or less burdensome than,
those imposed by the states that have franchise registration and
disclosure laws. Accordingly, FTC staff believes that incremental
recordkeeping burden, if any, would be de minimis.
Estimated Annual Labor Costs: $8,386,800.
Labor costs are derived by applying estimated hourly cost figures
to the burden hours described above. FTC staff anticipates that an
attorney will prepare required disclosure documents at an estimated
hourly attorney rate of $450.\3\ For established franchisors, FTC staff
estimates the following annual labor costs: $1,350 per established
franchisor (3 hours x $450) for a total annual cost burden of
$5,076,000 ($1,350 x 3,760 established franchisors). For new
franchisors, this yields an annual cost of $13,500 per new franchisor
(30 hours x $450) for a total annual cost burden of $3,240,000 for new
franchisors ($13,500 x 240 new franchisors).
---------------------------------------------------------------------------
\3\ It is staff's understanding that franchisors often hire
outside counsel to prepare the required disclosures, and outside
counsel is typically compensated at a higher rate than in-house
attorneys.
---------------------------------------------------------------------------
Additionally, FTC staff anticipates that recordkeeping under the
Rule will be performed by clerical staff at approximately $17.70 per
hour.\4\ Thus, based on the 4,000 hours of recordkeeping burden per
year for all covered franchisors, this will amount to a total annual
labor cost of $70,800 ($17.70 x 4,000 hours).
---------------------------------------------------------------------------
\4\ Based on Bureau and Labor Statistics' Occupational
Employment and Wages, May 2021, National Estimates for File Clerks,
available at https://www.bls.gov/oes/current/oes434071.htm.
---------------------------------------------------------------------------
Estimated Annual Non-Labor Costs: $4,800,000.
FTC staff estimates that the non-labor burden incurred by
franchisors differs based on the length of the disclosure document, the
number produced, and the method of distribution employed by
franchisors. FTC staff estimates that the estimated 4,000 sellers of
franchise opportunities distribute approximately 100 disclosure
documents each annually for a total of 400,000 disclosure documents.
FTC staff estimates that 80% of these disclosure documents (320,000)
are distributed electronically at a cost of $5 per electronic
disclosure. This results in a total estimated $1,600,000 (320,000 x $5)
in non-labor costs for electronic disclosure. FTC staff estimates that
the remaining 20% of disclosure documents (80,000) are distributed in
hard copy at a cost of $40 each for printing and mailing costs. This
results in a total estimated non-labor cost burden associated with
printing and mailing disclosure documents of $3,200,000 (80,000 x $40).
Request for Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites
comments on: (1) whether the disclosure and recordkeeping requirements
are necessary, including whether the information will be practically
useful; (2) the accuracy of our burden estimates, including whether the
methodology and assumptions used are valid; (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,
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.
For the FTC to consider a comment, we must receive it on or before
April 3, 2023. Your comment, including your name and your state, will
be placed on
[[Page 6729]]
the public record of this proceeding, including the https://www.regulations.gov website.
You can file a comment online or on paper. Due to the public health
emergency in response to the COVID-19 outbreak and the agency's
heightened security screening, postal mail addressed to the Commission
will be subject to delay. We encourage you to submit your comments
online through the https://www.regulations.gov website.
If you file your comment on paper, write ``Franchise Rule, PRA
Comment, FTC File No. P094400,'' on your comment and on the envelope,
and mail 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.
Because your comment will become publicly available at https://www.regulations.gov, you are solely responsible for making sure that
your comment does not include any sensitive or confidential
information. In particular, your comment should not include any
sensitive personal information, such as your or anyone else'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, such as medical records or other
individually identifiable health information. In addition, your comment
should not include any ``trade secret or any commercial or financial
information which . . . is privileged or confidential''--as provided by
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)--including, in particular, competitively sensitive
information, such as costs, sales statistics, inventories, formulas,
patterns, devices, manufacturing processes, or customer names.
Comments containing material for which confidential treatment is
requested must (1) be filed in paper form, (2) be clearly labeled
``Confidential,'' and (3) comply with FTC Rule 4.9(c). 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). Your comment will be kept
confidential only if the General Counsel grants your request in
accordance with the law and the public interest. Once your comment has
been posted publicly at www.regulations.gov, we cannot redact or remove
your comment unless you submit a confidentiality request that meets the
requirements for such treatment under FTC Rule 4.9(c), and the General
Counsel grants that request.
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 April 3, 2023.
For information on the Commission's privacy policy, including routine
uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2023-01997 Filed 1-31-23; 8:45 am]
BILLING CODE 6750-01-P