82_FR_26210 82 FR 26103 - Agency Information Collection Activities; Proposed Collection; Comment Request

82 FR 26103 - Agency Information Collection Activities; Proposed Collection; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 107 (June 6, 2017)

Page Range26103-26105
FR Document2017-11600

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 its Trade Regulation Rule on Disclosure Requirements and Prohibitions Concerning Franchising (``Franchise Rule'' or ``Rule''). That clearance expires on November 30, 2017.

Federal Register, Volume 82 Issue 107 (Tuesday, June 6, 2017)
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26103-26105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11600]


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FEDERAL TRADE COMMISSION


Agency Information Collection Activities; Proposed Collection; 
Comment Request

AGENCY: Federal Trade Commission (``FTC'' or ``Commission'').

ACTION: Notice.

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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 its Trade Regulation Rule on Disclosure 
Requirements and Prohibitions Concerning Franchising (``Franchise 
Rule'' or ``Rule''). That clearance expires on November 30, 2017.

DATES: Comments must be submitted by August 7, 2017.

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://ftcpublic.commentworks.com/ftc/franchiserulePRA 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 Craig Tregillus, Attorney, Division of Marketing 
Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 
Pennsylvania Avenue NW., Room 8607, Washington, DC 20580, (202) 326-
2970.

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 Franchise Rule, 16 
CFR part 436 (OMB Control No. 3084-0107).
    The FTC invites comments on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    The 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 provided in a format that 
facilitates comparisons of different franchise offerings. The Rule 
requires that franchisors disclose this information to consumers and 
maintain records to facilitate enforcement of the Rule.
    Amendments to the Rule promulgated on March 30, 2007, which took 
effect after a one-year phase-in on July 1, 2008, merged the Rule's 
disclosure requirements with the disclosure format accepted by 15 
states that have franchise registration or disclosure laws.\1\ The 
amended Rule has significantly minimized any compliance burden beyond 
what is already required by state law.
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    \1\ 72 FR 15544 et seq.
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    The amended 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 made to a prospective franchise purchaser. 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. These requirements are 
subject to the PRA and underlie the Commission's pursuit of renewed OMB 
clearance.
    Estimated annual hours burden: 16,750 hours.
    Based on a review of trade publications and information from state 
regulatory authorities, staff believes that, on average, from year to 
year, there are approximately 2,500 sellers of franchises covered by 
the Rule, with perhaps about 10% of that total reflecting an equal 
amount of new and departing business entrants.\2\ Commission staff's 
burden hour estimate reflects the incremental tasks that the Rule may 
impose beyond the information and recordkeeping requirements imposed by 
state law and/or followed by franchisors who have been using the FDD 
disclosure format nationwide. This estimate likely overstates the 
actual incremental burden because some franchisors, for various 
reasons, may not be covered by the Rule (e.g., they sell only 
franchises that qualify for the Rule's large franchise investment 
exemption of at least $1 million).
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    \2\ This number, which was also used in the FTC's 2014 clearance 
request, appears to be consistent with the number of business format 
franchise offerings registered in compliance with state franchise 
laws, and listed in franchise directories.
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    Staff estimates that the average annual disclosure burden to update 
existing disclosure documents will be three hours each for the 2,250 
established franchisors, or 6,750 hours cumulatively for them, and 30 
hours apiece each year for the 250 or so new-entrant franchisors to 
prepare their initial disclosure documents, or 7,500 hours, 
cumulatively, for the latter group. These estimates parallel staff's 
2014 estimates for the amended Rule.\3\ No public comments were 
received on those prior estimates. Accordingly, the FTC retains them 
for this analysis subject to further opportunity for public comment.
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    \3\ See 79 FR 41284 (Jul. 15, 2014); 79 FR 59771 (Oct. 3, 2014) 
(``2014 Notices'').
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    Under the Rule, a franchisor is 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, staff

[[Page 26104]]

believes that incremental recordkeeping burden, if any, would be de 
minimis.
    Covered franchisors also may need to maintain a record of the 
single additional FDD for use in non-registration states, which may 
differ from FDDs used in registration states. This may require as much 
as an additional hour of recordkeeping per year. Assuming, as FTC staff 
has in the past, an hour of incremental recordkeeping per covered 
franchisor, this yields an additional cumulative total of 2,500 hours 
for all covered franchisors.
    Based on the above assumptions and estimates, average annual burden 
for new and established franchisors during a prospective three-year 
clearance would be 16,750 hours ((30 hours of annual disclosure burden 
x 250 new franchisors) + (3 hours of average annual disclosure burden x 
2,250 established franchisors) + (1 hour of annual recordkeeping burden 
x 2,500 franchisors)).
    Estimated annual labor cost burden: $3,600,000.
    Labor costs are derived by applying appropriate hourly cost figures 
to the burden hours described above. The hourly rates used below are 
estimated averages.
    Commission staff anticipates that an attorney will prepare the 
disclosure document. Applying the above assumptions to an estimated 
hourly attorney rate of $250 \4\ yields the following annual totals: 
$7,500 (30 hours x $250) per new franchisor (or, $1,875,000, 
cumulatively, for 250 new franchisors) and $750 (3 hours x $250) per 
established franchisor (or, $1,687,500, cumulatively, for 2,250 
established franchisors).
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    \4\ Commission staff believes this is a reasonable proxy for 
mean hourly attorney rates for franchisor consultation on compliance 
with the Rule's disclosure and recordkeepings requirements.
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    The FTC additionally anticipates that recordkeeping under the Rule 
will be performed by clerical staff at approximately $15 per hour.\5\ 
Thus, 2,500 hours of recordkeeping burden per year for all covered 
franchisors will amount to a total annual labor cost of $37,500.
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    \5\ Based on mean hourly wages for file clerks found in 
``Occupational Employment and Wages--May 2016,'' U.S. Department of 
Labor, released March 31, 2017, Table 1, available at https://www.bls.gov/news.release/ocwage.nr0.htm. In contrast to labor 
costing above for attorneys, see note 4 supra and accompanying text, 
FTC staff has drawn upon BLS wage data for file clerks because staff 
believes it presents a representative proxy for recordkeeping tasks 
under the Rule. The mean hourly wage rate for ``lawyers'' within 
this BLS table, however, is just $67.25, which staff believes 
greatly understates the hourly cost for lawyer consultation tied to 
the Rule.
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    Cumulatively, then, total estimated labor cost under the Rule is 
$3,600,000 (($7,500 attorney costs x 250 new franchisors = $1,875,000) 
+ ($750 attorney costs x 2,250 established franchisors = $1,687,500) + 
($15 clerical costs x 2,500 franchisors = $37,500)).
    Estimated non-labor costs: $8,000,000
    In developing cost estimates initially for this Rule, FTC staff 
consulted with practitioners who prepare disclosure documents for a 
cross-section of franchise systems. The FTC believes that its cost 
estimates remain representative of the costs incurred by franchise 
systems generally. In addition, many franchisors establish and maintain 
Web sites for ordinary business purposes, including advertising their 
goods or services and to facilitate communication with the public. 
Accordingly, any costs franchisors would incur specifically as a result 
of electronic disclosure under the Rule appear to be minimal.
    As set forth in the 2014 Notices, FTC staff estimates that the non-
labor burden incurred by franchisors under the Franchise Rule differs 
based on the length of the disclosure document and the number of them 
produced. Staff estimates that 2,000 franchisors (80% of total 
franchisors covered by the Rule) will print and mail 100 disclosure 
documents at $35 each. Thus, these franchisors would each incur an 
estimated $3,500 in printing and mailing costs. Staff estimates that 
the remaining 20% of covered franchisors (500) will transmit 50% of 
their 100 disclosure documents electronically, at $5 per electronic 
disclosure. Thus, these franchisors will each incur $2,000 in 
distribution costs (($250 for electronic disclosure [$5 for electronic 
disclosure x 50 disclosure documents]) + ($1,750 for printing and 
mailing [$35 for printing and mailing x 50 disclosure documents])).
    Accordingly, the cumulative annual non-labor costs for the Rule is 
approximately $8,000,000 (($3,500 printing and mailing costs x 2,000 
franchisors = $7,000,000) + ($250 electronic distribution costs + 
$1,750 printing and mailing costs) x 500 franchisors = $1,000,000)).
    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 
August 7, 2017. Write ``Franchise Rule, PRA Comment, FTC File No. 
P094400'' 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/policy/public-comments.
    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. To make sure that the Commission considers your 
online comment, you must file it at https://ftcpublic.commentworks.com/ftc/franchiserulePRA, by following the instructions on the web-based 
form. When this Notice appears at http://www.regulations.gov/#!home, 
you also may file a comment through that Web site.
    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 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, 
Washington, DC 20024. If possible, please submit your paper comment to 
the Commission by courier or overnight service.
    Because your comment will be placed on the publicly accessible FTC 
Web site at https://www.ftc.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 be filed in paper form,

[[Page 26105]]

must be clearly labeled ``Confidential,'' and must 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 on the public FTC Web site--as legally 
required by FTC Rule 4.9(b)--we cannot redact or remove your comment 
from the FTC Web site, 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.
    Visit the FTC Web site to read this Notice. 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 August 7, 2017. 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.

David C. Shonka,
Acting General Counsel.
[FR Doc. 2017-11600 Filed 6-5-17; 8:45 am]
 BILLING CODE 6750-01-P



                                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices                                                      26103

                                                    By Order of the Federal Maritime                      agencies must obtain approval from                      potential sales, income, or profits made
                                                  Commission.                                             OMB for each collection of information                  to a prospective franchise purchaser.
                                                    Dated: June 1, 2017.                                  they conduct or sponsor. ‘‘Collection of                The franchisor must preserve materially
                                                  Rachel E. Dickon,                                       information’’ means agency requests or                  different copies of its FDD for 3 years,
                                                  Assistant Secretary.                                    requirements that members of the public                 as well as information that provides a
                                                  [FR Doc. 2017–11658 Filed 6–5–17; 8:45 am]              submit reports, keep records, or provide                reasonable basis for any financial
                                                  BILLING CODE 6731–AA–P
                                                                                                          information to a third party. 44 U.S.C.                 performance representation it elects to
                                                                                                          3502(3); 5 CFR 1320.3(c). As required by                make. These requirements are subject to
                                                                                                          section 3506(c)(2)(A) of the PRA, the                   the PRA and underlie the Commission’s
                                                                                                          FTC is providing this opportunity for                   pursuit of renewed OMB clearance.
                                                  FEDERAL TRADE COMMISSION                                                                                           Estimated annual hours burden:
                                                                                                          public comment before requesting that
                                                  Agency Information Collection                           OMB extend the existing clearance for                   16,750 hours.
                                                                                                          the information collection requirements                    Based on a review of trade
                                                  Activities; Proposed Collection;
                                                                                                          contained in the Franchise Rule, 16 CFR                 publications and information from state
                                                  Comment Request
                                                                                                          part 436 (OMB Control No. 3084–0107).                   regulatory authorities, staff believes
                                                  AGENCY:   Federal Trade Commission                         The FTC invites comments on: (1)                     that, on average, from year to year, there
                                                  (‘‘FTC’’ or ‘‘Commission’’).                            Whether the proposed collection of                      are approximately 2,500 sellers of
                                                  ACTION: Notice.                                         information is necessary for the proper                 franchises covered by the Rule, with
                                                                                                          performance of the functions of the                     perhaps about 10% of that total
                                                  SUMMARY:   The FTC intends to ask the                   agency, including whether the                           reflecting an equal amount of new and
                                                  Office of Management and Budget                         information will have practical utility;                departing business entrants.2
                                                  (‘‘OMB’’) to extend for an additional                   (2) the accuracy of the agency’s estimate               Commission staff’s burden hour
                                                  three years the current Paperwork                       of the burden of the proposed collection                estimate reflects the incremental tasks
                                                  Reduction Act (‘‘PRA’’) clearance for                   of information, including the validity of               that the Rule may impose beyond the
                                                  information collection requirements                     the methodology and assumptions used;                   information and recordkeeping
                                                  contained in its Trade Regulation Rule                  (3) ways to enhance the quality, utility,               requirements imposed by state law and/
                                                  on Disclosure Requirements and                          and clarity of the information to be                    or followed by franchisors who have
                                                  Prohibitions Concerning Franchising                     collected; and (4) ways to minimize the                 been using the FDD disclosure format
                                                  (‘‘Franchise Rule’’ or ‘‘Rule’’). That                  burden of the collection of information                 nationwide. This estimate likely
                                                  clearance expires on November 30,                       on those who are to respond, including                  overstates the actual incremental burden
                                                  2017.                                                   through the use of appropriate                          because some franchisors, for various
                                                  DATES: Comments must be submitted by                    automated, electronic, mechanical, or                   reasons, may not be covered by the Rule
                                                  August 7, 2017.                                         other technological collection                          (e.g., they sell only franchises that
                                                  ADDRESSES: Interested parties may file a                techniques or other forms of information                qualify for the Rule’s large franchise
                                                  comment online or on paper, by                          technology, e.g., permitting electronic                 investment exemption of at least $1
                                                  following the instructions in the                       submission of responses.                                million).
                                                                                                             The Franchise Rule ensures that                         Staff estimates that the average annual
                                                  Request for Comment part of the
                                                                                                          consumers who are considering a                         disclosure burden to update existing
                                                  SUPPLEMENTARY INFORMATION section
                                                                                                          franchise investment have access to the                 disclosure documents will be three
                                                  below. Write ‘‘Franchise Rule, PRA
                                                                                                          material information they need to make                  hours each for the 2,250 established
                                                  Comment, FTC File No. P094400’’ on
                                                                                                          an informed investment decision                         franchisors, or 6,750 hours cumulatively
                                                  your comment, and file your comment
                                                                                                          provided in a format that facilitates                   for them, and 30 hours apiece each year
                                                  online at https://
                                                                                                          comparisons of different franchise                      for the 250 or so new-entrant franchisors
                                                  ftcpublic.commentworks.com/ftc/
                                                                                                          offerings. The Rule requires that                       to prepare their initial disclosure
                                                  franchiserulePRA by following the
                                                                                                          franchisors disclose this information to                documents, or 7,500 hours,
                                                  instructions on the web-based form. If
                                                                                                          consumers and maintain records to                       cumulatively, for the latter group. These
                                                  you prefer to file your comment on
                                                                                                          facilitate enforcement of the Rule.                     estimates parallel staff’s 2014 estimates
                                                  paper, mail your comment to the                            Amendments to the Rule promulgated                   for the amended Rule.3 No public
                                                  following address: Federal Trade                        on March 30, 2007, which took effect                    comments were received on those prior
                                                  Commission, Office of the Secretary,                    after a one-year phase-in on July 1,                    estimates. Accordingly, the FTC retains
                                                  600 Pennsylvania Avenue NW., Suite                      2008, merged the Rule’s disclosure                      them for this analysis subject to further
                                                  CC–5610 (Annex J), Washington, DC                       requirements with the disclosure format                 opportunity for public comment.
                                                  20580, or deliver your comment to the                   accepted by 15 states that have franchise                  Under the Rule, a franchisor is
                                                  following address: Federal Trade                        registration or disclosure laws.1 The                   required to retain copies of receipts of
                                                  Commission, Office of the Secretary,                    amended Rule has significantly                          disclosure documents, as well as
                                                  Constitution Center, 400 7th Street SW.,                minimized any compliance burden                         materially different versions of its
                                                  5th Floor, Suite 5610 (Annex J),                        beyond what is already required by state                disclosure documents. Such
                                                  Washington, DC 20024.                                   law.                                                    recordkeeping requirements, however,
                                                  FOR FURTHER INFORMATION CONTACT:                           The amended Rule requires                            are consistent with, or less burdensome
                                                  Requests for additional information                     franchisors to furnish prospective                      than, those imposed by the states that
                                                  should be addressed to Craig Tregillus,                 purchasers with a Franchise Disclosure                  have franchise registration and
                                                  Attorney, Division of Marketing                         Document (‘‘FDD’’) that provides                        disclosure laws. Accordingly, staff
mstockstill on DSK30JT082PROD with NOTICES




                                                  Practices, Bureau of Consumer                           information relating to the franchisor,
                                                  Protection, Federal Trade Commission,                   its business, the nature of the proposed                   2 This number, which was also used in the FTC’s

                                                  600 Pennsylvania Avenue NW., Room                       franchise, and any representations by                   2014 clearance request, appears to be consistent
                                                  8607, Washington, DC 20580, (202) 326–                                                                          with the number of business format franchise
                                                                                                          the franchisor about financial                          offerings registered in compliance with state
                                                  2970.                                                   performance regarding actual or                         franchise laws, and listed in franchise directories.
                                                  SUPPLEMENTARY INFORMATION: Under the                                                                               3 See 79 FR 41284 (Jul. 15, 2014); 79 FR 59771

                                                  PRA, 44 U.S.C. 3501–3521, federal                         1 72   FR 15544 et seq.                               (Oct. 3, 2014) (‘‘2014 Notices’’).



                                             VerDate Sep<11>2014   20:52 Jun 05, 2017   Jkt 241001   PO 00000   Frm 00062    Fmt 4703   Sfmt 4703   E:\FR\FM\06JNN1.SGM   06JNN1


                                                  26104                            Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices

                                                  believes that incremental recordkeeping                 amount to a total annual labor cost of                 practicable, on the public Commission
                                                  burden, if any, would be de minimis.                    $37,500.                                               Web site, at https://www.ftc.gov/policy/
                                                     Covered franchisors also may need to                    Cumulatively, then, total estimated                 public-comments.
                                                  maintain a record of the single                         labor cost under the Rule is $3,600,000                   Postal mail addressed to the
                                                  additional FDD for use in non-                          (($7,500 attorney costs × 250 new                      Commission is subject to delay due to
                                                  registration states, which may differ                   franchisors = $1,875,000) + ($750                      heightened security screening. As a
                                                  from FDDs used in registration states.                  attorney costs × 2,250 established                     result, we encourage you to submit your
                                                  This may require as much as an                          franchisors = $1,687,500) + ($15 clerical              comments online. To make sure that the
                                                  additional hour of recordkeeping per                    costs × 2,500 franchisors = $37,500)).                 Commission considers your online
                                                                                                             Estimated non-labor costs: $8,000,000               comment, you must file it at https://
                                                  year. Assuming, as FTC staff has in the                    In developing cost estimates initially
                                                  past, an hour of incremental                                                                                   ftcpublic.commentworks.com/ftc/
                                                                                                          for this Rule, FTC staff consulted with                franchiserulePRA, by following the
                                                  recordkeeping per covered franchisor,                   practitioners who prepare disclosure
                                                  this yields an additional cumulative                                                                           instructions on the web-based form.
                                                                                                          documents for a cross-section of                       When this Notice appears at http://
                                                  total of 2,500 hours for all covered                    franchise systems. The FTC believes                    www.regulations.gov/#!home, you also
                                                  franchisors.                                            that its cost estimates remain                         may file a comment through that Web
                                                     Based on the above assumptions and                   representative of the costs incurred by                site.
                                                  estimates, average annual burden for                    franchise systems generally. In addition,                 If you file your comment on paper,
                                                  new and established franchisors during                  many franchisors establish and maintain                write ‘‘Franchise Rule, PRA Comment,
                                                  a prospective three-year clearance                      Web sites for ordinary business                        FTC File No. P094400’’ on your
                                                  would be 16,750 hours ((30 hours of                     purposes, including advertising their                  comment and on the envelope, and mail
                                                  annual disclosure burden × 250 new                      goods or services and to facilitate                    your comment to the following address:
                                                  franchisors) + (3 hours of average                      communication with the public.                         Federal Trade Commission, Office of the
                                                  annual disclosure burden × 2,250                        Accordingly, any costs franchisors                     Secretary, 600 Pennsylvania Avenue
                                                  established franchisors) + (1 hour of                   would incur specifically as a result of                NW., Suite CC–5610 (Annex J),
                                                  annual recordkeeping burden × 2,500                     electronic disclosure under the Rule                   Washington, DC 20580, or deliver your
                                                  franchisors)).                                          appear to be minimal.                                  comment to the following address:
                                                     Estimated annual labor cost burden:                     As set forth in the 2014 Notices, FTC               Federal Trade Commission, Office of the
                                                  $3,600,000.                                             staff estimates that the non-labor burden              Secretary, Constitution Center, 400 7th
                                                                                                          incurred by franchisors under the                      Street, SW., 5th Floor, Suite 5610,
                                                     Labor costs are derived by applying
                                                                                                          Franchise Rule differs based on the                    Washington, DC 20024. If possible,
                                                  appropriate hourly cost figures to the
                                                                                                          length of the disclosure document and                  please submit your paper comment to
                                                  burden hours described above. The
                                                                                                          the number of them produced. Staff                     the Commission by courier or overnight
                                                  hourly rates used below are estimated
                                                                                                          estimates that 2,000 franchisors (80% of               service.
                                                  averages.                                               total franchisors covered by the Rule)                    Because your comment will be placed
                                                     Commission staff anticipates that an                 will print and mail 100 disclosure                     on the publicly accessible FTC Web site
                                                  attorney will prepare the disclosure                    documents at $35 each. Thus, these                     at https://www.ftc.gov/, you are solely
                                                  document. Applying the above                            franchisors would each incur an                        responsible for making sure that your
                                                  assumptions to an estimated hourly                      estimated $3,500 in printing and                       comment does not include any sensitive
                                                  attorney rate of $250 4 yields the                      mailing costs. Staff estimates that the                or confidential information. In
                                                  following annual totals: $7,500 (30                     remaining 20% of covered franchisors                   particular, your comment should not
                                                  hours × $250) per new franchisor (or,                   (500) will transmit 50% of their 100                   include any sensitive personal
                                                  $1,875,000, cumulatively, for 250 new                   disclosure documents electronically, at                information, such as your or anyone
                                                  franchisors) and $750 (3 hours × $250)                  $5 per electronic disclosure. Thus, these              else’s Social Security number; date of
                                                  per established franchisor (or,                         franchisors will each incur $2,000 in                  birth; driver’s license number or other
                                                  $1,687,500, cumulatively, for 2,250                     distribution costs (($250 for electronic               state identification number, or foreign
                                                  established franchisors).                               disclosure [$5 for electronic disclosure               country equivalent; passport number;
                                                     The FTC additionally anticipates that                × 50 disclosure documents]) + ($1,750                  financial account number; or credit or
                                                  recordkeeping under the Rule will be                    for printing and mailing [$35 for                      debit card number. You are also solely
                                                  performed by clerical staff at                          printing and mailing × 50 disclosure                   responsible for making sure that your
                                                  approximately $15 per hour.5 Thus,                      documents])).                                          comment does not include any sensitive
                                                  2,500 hours of recordkeeping burden                        Accordingly, the cumulative annual                  health information, such as medical
                                                  per year for all covered franchisors will               non-labor costs for the Rule is                        records or other individually
                                                                                                          approximately $8,000,000 (($3,500                      identifiable health information. In
                                                    4 Commission staff believes this is a reasonable      printing and mailing costs × 2,000                     addition, your comment should not
                                                  proxy for mean hourly attorney rates for franchisor     franchisors = $7,000,000) + ($250                      include any ‘‘trade secret or any
                                                  consultation on compliance with the Rule’s              electronic distribution costs + $1,750                 commercial or financial information
                                                  disclosure and recordkeepings requirements.
                                                    5 Based on mean hourly wages for file clerks
                                                                                                          printing and mailing costs) × 500                      which . . . is privileged or
                                                  found in ‘‘Occupational Employment and Wages—           franchisors = $1,000,000)).                            confidential’’—as provided by Section
                                                  May 2016,’’ U.S. Department of Labor, released             Request for Comment: You can file a                 6(f) of the FTC Act, 15 U.S.C. 46(f), and
                                                  March 31, 2017, Table 1, available at https://          comment online or on paper. For the                    FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
                                                  www.bls.gov/news.release/ocwage.nr0.htm. In             FTC to consider your comment, we                       including in particular competitively
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                                                  contrast to labor costing above for attorneys, see
                                                  note 4 supra and accompanying text, FTC staff has
                                                                                                          must receive it on or before August 7,                 sensitive information such as costs,
                                                  drawn upon BLS wage data for file clerks because        2017. Write ‘‘Franchise Rule, PRA                      sales statistics, inventories, formulas,
                                                  staff believes it presents a representative proxy for   Comment, FTC File No. P094400’’ on                     patterns, devices, manufacturing
                                                  recordkeeping tasks under the Rule. The mean            your comment. Your comment—                            processes, or customer names.
                                                  hourly wage rate for ‘‘lawyers’’ within this BLS
                                                  table, however, is just $67.25, which staff believes
                                                                                                          including your name and your state—                       Comments containing material for
                                                  greatly understates the hourly cost for lawyer          will be placed on the public record of                 which confidential treatment is
                                                  consultation tied to the Rule.                          this proceeding, including, to the extent              requested must be filed in paper form,


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                                                                                  Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices                                           26105

                                                  must be clearly labeled ‘‘Confidential,’’               FOR FURTHER INFORMATION CONTACT:      (to              • 8:00–9:00 a.m., CDT—Tribal Caucus
                                                  and must comply with FTC Rule 4.9(c).                   obtain a roster of members, agenda or                       (Open only to elected tribal leaders
                                                  In particular, the written request for                  minutes of the non-confidential portions                    and by invitation)
                                                  confidential treatment that accompanies                 of this meeting.)                                      • 9:00 a.m.–5:00 p.m., CDT—TAC
                                                  the comment must include the factual                    Mrs. Bonnie Campbell, Committee                             Meeting (Open to the public)
                                                  and legal basis for the request, and must                  Management Officer, Office of                          August 9, 2017
                                                  identify the specific portions of the                      Extramural Research Education and                   • 8:00–9:00 a.m., EDT—Tribal Caucus
                                                  comment to be withheld from the public                     Priority Populations, AHRQ, 5600                         (Open only to elected tribal leaders
                                                  record. See FTC Rule 4.9(c). Your                          Fishers Lane, Rockville, Maryland                        and by invitation)
                                                  comment will be kept confidential only                     20857, Telephone (301) 427–1554.                    • 9:00 a.m.–3:00 p.m., CDT—TAC
                                                  if the General Counsel grants your                                                                                  Meeting (Open to the public)
                                                                                                          SUPPLEMENTARY INFORMATION: This
                                                  request in accordance with the law and
                                                                                                          meeting will be closed to the public in                • 3:00–5:00 p.m., CDT—Tribal
                                                  the public interest. Once your comment                                                                              Consultation Session (Open to the
                                                                                                          accordance with 5 U.S.C. App. 2 section
                                                  has been posted on the public FTC Web                                                                               public).
                                                                                                          10(d), 5 U.S.C. 552b(c)(4), and 5 U.S.C.
                                                  site—as legally required by FTC Rule                                                                              Please note that the TAC reserves the
                                                                                                          552b(c)(6). In accordance with section
                                                  4.9(b)—we cannot redact or remove                                                                              right to call a tribal caucus at any time
                                                                                                          10 (a)(2) of the Federal Advisory
                                                  your comment from the FTC Web site,                                                                            during the public portions of the TAC
                                                                                                          Committee Act (5 U.S.C. App. 2), AHRQ
                                                  unless you submit a confidentiality                                                                            meeting, and those who are not elected
                                                  request that meets the requirements for                 announces the meeting of the scientific
                                                                                                          peer review group listed above, which is               tribal leaders will be asked to step out
                                                  such treatment under FTC Rule 4.9(c),                                                                          of the meeting room during any ad hoc
                                                  and the General Counsel grants that                     a subcommittee of AHRQ’s Health
                                                                                                          Services Research Initial Review Group                 caucus periods.
                                                  request.                                                                                                          Place: The CDC/ATSDR TAC Meeting
                                                     Visit the FTC Web site to read this                  Committee. This subcommittee meeting
                                                                                                          will be closed to the public in                        and Biannual Tribal Consultation
                                                  Notice. The FTC Act and other laws that
                                                                                                          accordance with the provisions set forth               Session will be held at the Artesian
                                                  the Commission administers permit the
                                                                                                          in 5 U.S.C. App. 2 section 10(d), 5                    Hotel, 1001 W. 1st Street, Sulphur, OK
                                                  collection of public comments to
                                                                                                          U.S.C. 552b(c)(4), and 5 U.S.C.                        73086.
                                                  consider and use in this proceeding as
                                                                                                          552b(c)(6) The grant applications and                     Status: The meeting and consultation
                                                  appropriate. The Commission will
                                                                                                          the discussions could disclose                         session are in-person only and open to
                                                  consider all timely and responsive
                                                  public comments that it receives on or                  confidential trade secrets or commercial               the public except during tribal caucus as
                                                  before August 7, 2017. For information                  property such as patentable material,                  described in the time and date section.
                                                  on the Commission’s privacy policy,                     and personal information concerning                    Attendees must pre-register for the TAC
                                                  including routine uses permitted by the                 individuals associated with the grant                  meeting and/or Tribal Consultation
                                                  Privacy Act, see https://www.ftc.gov/                   applications, the disclosure of which                  Session by 5:00 p.m. (EDT) on Friday,
                                                  site-information/privacy-policy.                        would constitute a clearly unwarranted                 July 7, 2017, at the following link:
                                                                                                          invasion of personal privacy.                          www.cdc.gov/tribal/meetings.html.
                                                  David C. Shonka,                                           Agenda items for these meetings are                    Purpose: The purpose of the TAC and
                                                  Acting General Counsel.                                 subject to change as priorities dictate.               consultation meetings is to advance
                                                  [FR Doc. 2017–11600 Filed 6–5–17; 8:45 am]                                                                     CDC/ATSDR support for and
                                                                                                          Sharon B. Arnold,                                      collaboration with American Indian and
                                                  BILLING CODE 6750–01–P
                                                                                                          Deputy Director.                                       Alaska Native (AI/AN) tribes and to
                                                                                                          [FR Doc. 2017–11587 Filed 6–5–17; 8:45 am]             improve the health of AI/AN tribes by
                                                  DEPARTMENT OF HEALTH AND                                BILLING CODE 4160–90–P                                 pursuing goals that include assisting in
                                                  HUMAN SERVICES                                                                                                 eliminating the health disparities faced
                                                                                                                                                                 by AI/AN tribes; ensuring that access to
                                                  Agency for Healthcare Research and                      DEPARTMENT OF HEALTH AND                               critical health and human services and
                                                  Quality                                                 HUMAN SERVICES                                         public health services is maximized to
                                                                                                                                                                 advance or enhance the social, physical,
                                                  Notice of Meeting                                       Centers for Disease Control and                        and economic status of AI/ANs; and
                                                                                                          Prevention                                             promoting health equity for all Indian
                                                  AGENCY: Agency for Healthcare Research
                                                  and Quality (AHRQ), HHS.                                Office for State, Tribal, Local and                    people and communities. To advance
                                                  ACTION: Notice of one AHRQ                              Territorial Support (OSTLTS)                           these goals, CDC/ATSDR conducts
                                                  Subcommittee Meeting by Telephone                                                                              government-to-government
                                                  Conference.                                                In accordance with Presidential                     consultations with elected tribal
                                                                                                          Executive Order No. 13175, November                    officials or their authorized
                                                  SUMMARY:   The subcommittee listed                      6, 2000, and the Presidential                          representatives. Consultation is an
                                                  below is part of AHRQ’s Health Services                 Memorandum of November 5, 2009, and                    enhanced form of communication that
                                                  Research Initial Review Group                           September 23, 2004, Consultation and                   emphasizes trust, respect, and shared
                                                  Committee. Grant applications are to be                 Coordination with Indian Tribal                        responsibility. It is an open and free
                                                  reviewed and discussed at this meeting.                 Governments, CDC/Agency for Toxic                      exchange of information and opinion
                                                    Name of Subcommittee: Health Care                     Substances and Disease Registry                        among parties that leads to mutual
                                                  Research Training 2.                                    (ATSDR), announces the following                       understanding.
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                                                  DATES: July 13, 2017 (Open from 1:00                    meeting and Tribal Consultation                           Matters for Discussion: This TAC
                                                  p.m. to 1:30 a.m. and closed for                        Session:                                               Meeting and Biannual Tribal
                                                  remainder of the meeting).                                 Name: CDC/ATSDR Tribal Advisory                     Consultation Session will provide
                                                    Place: Agency for Healthcare Research                 Committee (TAC) Meeting and 17th                       opportunities for tribal leaders to speak
                                                  and Quality, 5600 Fishers Lane,                         Biannual Tribal Consultation Session.                  openly about the public health issues
                                                  Conference Room TBD, Rockville, MD                         Dates And Times:                                    affecting their tribes. These meetings
                                                  20857.                                                     August 8, 2017                                      will include discussions about tribal


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Document Created: 2017-06-06 06:21:38
Document Modified: 2017-06-06 06:21:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted by August 7, 2017.
ContactRequests for additional information
FR Citation82 FR 26103 

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