Agency Information Collection Activities; Proposed Collection; Comment Request; Extension, 50865-50867 [2023-16454]
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
and there is no Acting Director serving
under the Federal Vacancies Reform Act
of 1998, 5 U.S.C. 3345–3349d, the
following officers of the FMCS, in the
order listed, are hereby delegated the
authority to perform the functions and
duties of the Director, to the extent
permitted by law:
1. Principal Deputy, Chief Operating
Officer;
2. Deputy Director, Field Operations;
3. Deputy Director for Policy and
Strategy;
4. Director, Procurement and
Operational Support;
5. General Counsel;
6. Associate Deputy Director for Field
Operations, National;
7. Associate Deputy Director for Field
Operations, Regional;
8. Director, Human Resources; and
9. Director, Budget.
No individual who is serving in an
office listed in this order in an acting
capacity, by virtue of so serving, shall be
delegated the functions and duties of
the Director.
Dated: July 28, 2023.
Gregory Goldstein,
FMCS Acting Director.
[FR Doc. 2023–16421 Filed 8–1–23; 8:45 am]
BILLING CODE 6732–01–P
FEDERAL MEDIATION AND
CONCILIATION SERVICE
Notice of Fee Increase for Arbitration
Services
Federal Mediation and
Conciliation Service (FMCS).
ACTION: Notice.
AGENCY:
The Federal Mediation and
Conciliation Service (FMCS), is issuing
this notice to inform the public that it
will increase fees associated with its
arbitration services.
DATES: Fee increases will begin on
October 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Arthur Pearlstein, Federal Mediation
and Conciliation Service, One
Independence Square, 250 E St. SW,
Washington, DC 20427; arbitration@
fmcs.gov.
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
FMCS to establish and collect fees for
arbitration services.
II. Discussion
FMCS periodically reviews its
arbitration program to access its
efficiency. FMCS’s last review occurred
in 2019, which resulted in updating its
arbitration regulations and a modest
increase in user fees that had previously
remained unchanged for more than
eight years prior. FMCS has conducted
a similar review and determined that
the current user fees require additional
adjustment to attain full-cost recovery
for FMCS’s arbitration services.
The following fees for FMCS’s
arbitration services will change:
• Annual listing fee for arbitrators
who have completed less than 5 years
on the Roster: Change from $150 to $200
for first address, Change from $50 to $75
for each additional address.
• Annual listing fee for arbitrators
who have completed 5 or more years on
the Roster: Change from $250 to $300
for first address and change from $100
to $125 for each additional address.
• A Request for a Panel of arbitrators
(up to 7) processed online: Change from
$35 to $100.
• Request for Panel of arbitrators (up
to 13) processed manually by FMCS
staff: Change from $70 to $175.
• Request for List of arbitrators (up to
13) processed manually by FMCS staff:
Change from $35 to $175.
• Direct manual appointment of an
arbitrator when a panel is not used:
Change from $30 to $100.
As a reminder, payment is through
Pay.gov at https://www.pay.gov which
includes payment by debit, credit card,
or electronic funds transfer (e-check).
Although an electronic payment is
preferred, if Pay.gov submission creates
an undue hardship, payees may contact
payments@fmcs.gov to explain the
circumstances and receive assistance.
FMCS will continue to review the
user fees periodically and will revise it
as necessary. Any changes in the fees
and their effective date will be
announced in the Federal Register.
Dated: July 28, 2023.
Anna Davis,
General Counsel.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2023–16431 Filed 8–1–23; 8:45 am]
I. Background
BILLING CODE 6732–01–P
Pursuant to FMCS’s enabling statutes,
29 U.S.C. 172 and 173, and 29 CFR part
1404, FMCS has long maintained a
roster of qualified, private labor
arbitrators to hear disputes arising
under collective bargaining agreements
and provide fact finding and interest
arbitration. 29 U.S.C. 173(f) authorizes
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19:49 Aug 01, 2023
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FEDERAL TRADE COMMISSION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Extension
AGENCY:
PO 00000
Federal Trade Commission.
Frm 00033
Fmt 4703
Sfmt 4703
ACTION:
50865
Notice.
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is seeking public comments on its
proposal to extend for an additional
three years the current Paperwork
Reduction Act (‘‘PRA’’) clearance for
information collection requirements
contained in the FTC’s Business
Opportunity Rule (‘‘Rule’’). That
clearance expires on January 31, 2024.
DATES: Comments must be filed by
October 2, 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 ‘‘Business Opportunity
Rule Paperwork Comment, FTC File No.
P114408’’ 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
Consumer Protection, 600 Pennsylvania
Avenue NW, CC–6316, Washington, DC
20580, (202) 326–3711.
SUPPLEMENTARY INFORMATION:
Title: Disclosure Requirements
Concerning Business Opportunities, 16
CFR part 437.
OMB Control Number: 3084–0142.
Type of Review: Extension without
change of currently approved collection.
Abstract: The Business Opportunity
Rule requires business opportunity
sellers to furnish prospective purchasers
a disclosure document that provides
information regarding the seller, the
seller’s business, and the nature of the
proposed business opportunity, as well
as additional information to substantiate
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.
The Rule is designed to ensure that
prospective purchasers receive
information to help them evaluate
business opportunities. Sellers must
SUMMARY:
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
disclose five key items of information in
a simple, one-page document: (1) The
seller’s identifying information; (2)
whether the seller makes a claim about
the purchaser’s likely earnings (and, if
yes, the seller must provide information
supporting any such claims); (3)
whether the seller, its affiliates, or key
personnel have been involved in certain
legal actions (and, if yes, the seller must
provide a separate list of those actions);
(4) whether the seller has a cancellation
or refund policy (and, if yes, the seller
must provide a separate document
stating the material terms of such
policies); and (5) a list of persons who
have purchased 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.
Affected Public: Private Sector:
Businesses and other for-profit entities.
Estimated Annual Burden Hours:
10,065.
Estimated Annual Labor Costs:
$792,518.
Estimated Annual Non-Labor Costs:
$3,361,014.
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 Rule.
ddrumheller on DSK120RN23PROD with NOTICES1
Burden Statement
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. Of this total, staff
estimates that on an annual basis
approximately 90 percent are
established sellers and the remaining 10
percent are new entrants (i.e., 2,745
existing business opportunity sellers
plus 305 new entrants). In addition, staff
estimates that approximately 61
business opportunity sellers market
business opportunities in Spanish (in
addition to English) and another 61
sellers market business opportunities in
languages other than English or Spanish
(in addition to English).1
1 FTC staff bases these estimates on census data.
See American Community Survey, Household
Language Table K201601 (2021), at https://
data.census.gov/table?q=K201601:+
HOUSEHOLD+LANGUAGE&tid=ACSSE2021.
K201601. The census data indicates that
approximately 2 percent of U.S. households speak
Spanish and are classified as limited Englishspeaking households. In addition, the data indicates
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19:49 Aug 01, 2023
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A. Estimated Hours Burden
Compliance burdens will vary
depending on a business opportunity
seller’s prior experience with the Rule.
Appendices A and B to the Rule provide
models of the required disclosure
documents in both English and Spanish,
reducing the potential burden that
sellers may incur to provide the
required disclosures. FTC staff estimates
that 2,745 existing business opportunity
sellers will require approximately two
hours to update their disclosure
documents annually. This yields a total
annual burden of 5,490 hours for
established sellers. FTC staff also
projects that 305 new business
opportunity sellers will require
approximately five hours to develop
their initial disclosure documents. This
yields a total annual burden of
approximately 1,525 hours. In addition,
FTC staff estimates that all business
opportunity sellers will require
approximately one hour to file and store
required records for a total of 3,050
hours. This yields a cumulative total of
10,065 hours.
B. Estimated Labor Cost
FTC staff determines estimated labor
costs by applying applicable wage rates
to the burden hours discussed above.
FTC staff assumes that an attorney likely
would prepare or update required
disclosure documents at an approximate
hourly rate of $78.74.2 Accordingly,
FTC staff estimates that cumulative
labor costs are $792,518 (10,065 hours ×
$78.74 per hour).
C. Estimated Non-Labor Costs
1. Printing and Mailing of the Disclosure
Document
Business opportunity sellers may 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
that approximately 2 percent of the United States
population speaks a language other than Spanish or
English at home and are classified as limited
English-speaking households. FTC staff estimates
that approximately 2 percent of all entities selling
business opportunities market in Spanish and 2
percent of all such entities market in languages
other than English or Spanish.
2 This figure is derived from the mean hourly
wage for Lawyers. See ‘‘Occupational Employment
and Wages—May 2022,’’ Bureau of Labor Statistics,
U.S. Department of Labor, Table 1 (‘‘National
employment and wage data from the Occupational
Employment Statistics survey by occupation, May
2022’’), available at https://www.bls.gov/
news.release/ocwage.t01.htm.
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
documents per year at a cost of $1.10
per document, for a total cost of
$3,355,000. 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 costs associated with translating
the disclosures will vary depending
upon a business opportunity seller’s
prior experience and the language the
seller uses to market business
opportunities. Because Appendices A
and B to the Rule provide illustrations
of the required disclosure documents in
both English and Spanish, business
opportunity sellers marketing in
Spanish will not incur costs to translate
their disclosure documents. Existing
sellers who market business
opportunities in either Spanish or
another non-English language may incur
translation costs to update their
disclosures over time. New entrants that
market business opportunities in
languages other than English or Spanish
will incur costs to translate Appendix A
into other languages.
Informed by Census data, FTC staff
estimates that 61 sellers market business
opportunities in Spanish and an
additional 61 sellers market business
opportunities in languages other than
English or Spanish. This includes an
estimated 6 new entrants annually that
market business opportunities in
Spanish and 6 new entrants that market
business opportunities in languages
other than English or Spanish.
FTC staff estimates that
approximately 122 business opportunity
sellers are marketing business
opportunities in languages other than
English. FTC staff estimates these sellers
will require on average approximately
250 words (about one standard, doublespaced page) to update and create initial
disclosures. Therefore, FTC staff
estimates the total cost to translate
sellers’ disclosures is approximately
$5,490 [122 sellers × (18 cents per
word 3 × 250 words)].
In addition, staff estimates that new
entrant business opportunity sellers
marketing in languages other than
English or Spanish will incur burden to
translate the required disclosures. There
are 485 words in Appendix A to the
Rule. Therefore, FTC staff estimates that
the average annual cost burden for new
business opportunity sellers to translate
the required disclosures into a language
3 FTC staff estimates that this represents the
current market rate per word to translate the
disclosure documents into the language the sellers
use to market business opportunities.
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
other than English or Spanish will be
approximately $524 [6 sellers × (18
cents per word × 485 words)].
Thus, cumulative estimated non-labor
costs are $3,361,014 ($3,355,000 +
$5,490 + $524).
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.
For the FTC to consider a comment,
we must receive it on or before October
2, 2023. Your comment, including your
name and your state, will be placed on
the public record of this proceeding,
including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to 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 ‘‘Business Opportunity Rule
Paperwork Comment, FTC File No.
P114408’’ 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.
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
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19:49 Aug 01, 2023
Jkt 259001
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 October 2, 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. 2023–16454 Filed 8–1–23; 8:45 am]
BILLING CODE 6750–01–P
GENERAL SERVICES
ADMINISTRATION
[Notice–MRB–2023–04; Docket No.
GAPFAC–2022–0001; Sequence No. 3]
GSA Acquisition Policy Federal
Advisory Committee; Notification of
Upcoming Web-Based Public
Subcommittee Meetings—Update
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
AGENCY:
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
ACTION:
Meeting notice.
Notice of these Web-based
subcommittee meetings is being
provided in accordance with GSA
Policy. This notice provides the updated
schedule for a series of Web-based
meetings for three subcommittees of the
GSA Acquisition Policy Federal
Advisory Committee (GAP FAC): the
Acquisition Workforce Subcommittee,
the Industry Partnerships
Subcommittee, and the Policy and
Practice Subcommittee. It is GSA policy
that subcommittee meetings are open for
the public to observe. Information on
attending and providing written public
comment is under the SUPPLEMENTARY
INFORMATION section.
DATES: The three Subcommittees will
hold recurring Web-based meetings 3:00
p.m. to 5:00 p.m., Eastern Standard
Time (EST) on the following dates:
SUMMARY:
Acquisition
workforce
subcommittee
Industry
partnerships
subcommittee
Policy and
practice
subcommittee
8/1/23
8/29/23
9/26/23
10/24/23
12/12/23
8/2/23
8/30/23
9/27/23
10/25/23
12/13/23
8/3/23
8/31/23
9/28/23
10/26/23
12/14/23
The meetings will be
accessible via webcast. Registrants will
receive the webcast information before
the meeting.
FOR FURTHER INFORMATION CONTACT:
Boris Arratia, Designated Federal
Officer, OGP, 703–795–0816, or email:
boris.arratia@gsa.gov; or Stephanie
Hardison, OGP, 202–258–6823, or
email: stephanie.hardison@gsa.gov.
Additional information about the
subcommittees and the Committee,
including meeting materials and
agendas, will be available on-line at
https://gsa.gov/policy-regulations/
policy/acquisition-policy/gsaacquisition-policy-federal-advisorycommittee.
ADDRESSES:
The
previous notice can be found here:
https://www.federalregister.gov/
documents/2023/02/21/2023-03554/gsaacquisition-policy-federal-advisorycommittee-notification-of-upcomingweb-based-public.
SUPPLEMENTARY INFORMATION:
Meeting Registration
The subcommittee meetings are open
to the public and will be accessible by
webcast. All public attendees will need
to register to obtain the meeting webcast
information. Registration information is
located on the GAP FAC website:
https://www.gsa.gov/policy-regulations/
policy/acquisition-policy/gsa-
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Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Notices]
[Pages 50865-50867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16454]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Extension
AGENCY: Federal Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comments on its proposal to extend for an additional
three years the current Paperwork Reduction Act (``PRA'') clearance for
information collection requirements contained in the FTC's Business
Opportunity Rule (``Rule''). That clearance expires on January 31,
2024.
DATES: Comments must be filed by October 2, 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 ``Business Opportunity
Rule Paperwork Comment, FTC File No. P114408'' 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 Consumer Protection, 600
Pennsylvania Avenue NW, CC-6316, Washington, DC 20580, (202) 326-3711.
SUPPLEMENTARY INFORMATION:
Title: Disclosure Requirements Concerning Business Opportunities,
16 CFR part 437.
OMB Control Number: 3084-0142.
Type of Review: Extension without change of currently approved
collection.
Abstract: The Business Opportunity Rule requires business
opportunity sellers to furnish prospective purchasers a disclosure
document that provides information regarding the seller, the seller's
business, and the nature of the proposed business opportunity, as well
as additional information to substantiate 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.
The Rule is designed to ensure that prospective purchasers receive
information to help them evaluate business opportunities. Sellers must
[[Page 50866]]
disclose five key items of information in a simple, one-page document:
(1) The seller's identifying information; (2) whether the seller makes
a claim about the purchaser's likely earnings (and, if yes, the seller
must provide information supporting any such claims); (3) whether the
seller, its affiliates, or key personnel have been involved in certain
legal actions (and, if yes, the seller must provide a separate list of
those actions); (4) whether the seller has a cancellation or refund
policy (and, if yes, the seller must provide a separate document
stating the material terms of such policies); and (5) a list of persons
who have purchased 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.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 10,065.
Estimated Annual Labor Costs: $792,518.
Estimated Annual Non-Labor Costs: $3,361,014.
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 Rule.
Burden Statement
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. Of this
total, staff estimates that on an annual basis approximately 90 percent
are established sellers and the remaining 10 percent are new entrants
(i.e., 2,745 existing business opportunity sellers plus 305 new
entrants). In addition, staff estimates that approximately 61 business
opportunity sellers market business opportunities in Spanish (in
addition to English) and another 61 sellers market business
opportunities in languages other than English or Spanish (in addition
to English).\1\
---------------------------------------------------------------------------
\1\ FTC staff bases these estimates on census data. See American
Community Survey, Household Language Table K201601 (2021), at
https://data.census.gov/table?q=K201601:+HOUSEHOLD+LANGUAGE&tid=ACSSE2021.K201601. The
census data indicates that approximately 2 percent of U.S.
households speak Spanish and are classified as limited English-
speaking households. In addition, the data indicates that
approximately 2 percent of the United States population speaks a
language other than Spanish or English at home and are classified as
limited English-speaking households. FTC staff estimates that
approximately 2 percent of all entities selling business
opportunities market in Spanish and 2 percent of all such entities
market in languages other than English or Spanish.
---------------------------------------------------------------------------
A. Estimated Hours Burden
Compliance burdens will vary depending on a business opportunity
seller's prior experience with the Rule. Appendices A and B to the Rule
provide models of the required disclosure documents in both English and
Spanish, reducing the potential burden that sellers may incur to
provide the required disclosures. FTC staff estimates that 2,745
existing business opportunity sellers will require approximately two
hours to update their disclosure documents annually. This yields a
total annual burden of 5,490 hours for established sellers. FTC staff
also projects that 305 new business opportunity sellers will require
approximately five hours to develop their initial disclosure documents.
This yields a total annual burden of approximately 1,525 hours. In
addition, FTC staff estimates that all business opportunity sellers
will require approximately one hour to file and store required records
for a total of 3,050 hours. This yields a cumulative total of 10,065
hours.
B. Estimated Labor Cost
FTC staff determines estimated labor costs by applying applicable
wage rates to the burden hours discussed above. FTC staff assumes that
an attorney likely would prepare or update required disclosure
documents at an approximate hourly rate of $78.74.\2\ Accordingly, FTC
staff estimates that cumulative labor costs are $792,518 (10,065 hours
x $78.74 per hour).
---------------------------------------------------------------------------
\2\ This figure is derived from the mean hourly wage for
Lawyers. See ``Occupational Employment and Wages--May 2022,'' Bureau
of Labor Statistics, U.S. Department of Labor, Table 1 (``National
employment and wage data from the Occupational Employment Statistics
survey by occupation, May 2022''), available at https://www.bls.gov/news.release/ocwage.t01.htm.
---------------------------------------------------------------------------
C. Estimated Non-Labor Costs
1. Printing and Mailing of the Disclosure Document
Business opportunity sellers may 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 $1.10
per document, for a total cost of $3,355,000. 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 costs associated with translating the disclosures will vary
depending upon a business opportunity seller's prior experience and the
language the seller uses to market business opportunities. Because
Appendices A and B to the Rule provide illustrations of the required
disclosure documents in both English and Spanish, business opportunity
sellers marketing in Spanish will not incur costs to translate their
disclosure documents. Existing sellers who market business
opportunities in either Spanish or another non-English language may
incur translation costs to update their disclosures over time. New
entrants that market business opportunities in languages other than
English or Spanish will incur costs to translate Appendix A into other
languages.
Informed by Census data, FTC staff estimates that 61 sellers market
business opportunities in Spanish and an additional 61 sellers market
business opportunities in languages other than English or Spanish. This
includes an estimated 6 new entrants annually that market business
opportunities in Spanish and 6 new entrants that market business
opportunities in languages other than English or Spanish.
FTC staff estimates that approximately 122 business opportunity
sellers are marketing business opportunities in languages other than
English. FTC staff estimates these sellers will require on average
approximately 250 words (about one standard, double-spaced page) to
update and create initial disclosures. Therefore, FTC staff estimates
the total cost to translate sellers' disclosures is approximately
$5,490 [122 sellers x (18 cents per word \3\ x 250 words)].
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\3\ FTC staff estimates that this represents the current market
rate per word to translate the disclosure documents into the
language the sellers use to market business opportunities.
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In addition, staff estimates that new entrant business opportunity
sellers marketing in languages other than English or Spanish will incur
burden to translate the required disclosures. There are 485 words in
Appendix A to the Rule. Therefore, FTC staff estimates that the average
annual cost burden for new business opportunity sellers to translate
the required disclosures into a language
[[Page 50867]]
other than English or Spanish will be approximately $524 [6 sellers x
(18 cents per word x 485 words)].
Thus, cumulative estimated non-labor costs are $3,361,014
($3,355,000 + $5,490 + $524).
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.
For the FTC to consider a comment, we must receive it on or before
October 2, 2023. Your comment, including your name and your state, will
be placed on the public record of this proceeding, including the
https://www.regulations.gov website.
You can file a comment online or on paper. Due to 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 ``Business Opportunity
Rule Paperwork Comment, FTC File No. P114408'' 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.
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 October 2,
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. 2023-16454 Filed 8-1-23; 8:45 am]
BILLING CODE 6750-01-P