82_FR_45475 82 FR 45288 - Agency Information Collection Activities; Proposed Collection; Comment Request

82 FR 45288 - Agency Information Collection Activities; Proposed Collection; Comment Request

FEDERAL TRADE COMMISSION

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45288-45290
FR Document2017-20846

The FTC intends to ask the Office of Management and Budget (``OMB'') to extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for information collection requirements contained in the Commission's Business Opportunity Rule (``Rule''). That clearance expires on January 31, 2018.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Notices]
[Pages 45288-45290]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20846]


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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 the Commission's Business Opportunity Rule 
(``Rule''). That clearance expires on January 31, 2018.

DATES: Comments must be submitted by November 27, 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 ``Business Opportunity 
Rule Paperwork Comment, FTC File No. P114408'' on your comment, and 
file your comment online at https://ftcpublic.commentworks.com/ftc/BusinessOpportunityRulePRA 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, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be addressed to Christine M. Todaro, Attorney, Division of 
Marketing Practices, Bureau of Consumer Protection, Federal Trade 
Commission, 600 Pennsylvania Avenue NW., CC-8528, Washington, DC 20580, 
(202) 326-3711.

SUPPLEMENTARY INFORMATION: Under the PRA, 44 U.S.C. 3501-3521, federal 
agencies must obtain approval from OMB for each collection of 
information they conduct or sponsor. ``Collection of information'' 
means agency requests or requirements that members of the public submit 
reports, keep records, or provide information to a third party. 44 
U.S.C. 3502(3); 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) 
of the PRA, the FTC is providing this opportunity for public comment 
before requesting that OMB extend the existing clearance for the 
information collection requirements contained in the Business 
Opportunity Rule, 16 CFR part 437 (OMB Control Number 3084-0142).
    The FTC invites comments on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    The Business Opportunity Rule requires business opportunity sellers 
to furnish to prospective purchasers a disclosure document that 
provides information relating to the seller, the seller's business, the 
nature of the proposed business opportunity, as well as additional 
information regarding any claims about actual or potential sales, 
income, or profits for a prospective business opportunity purchaser. 
The seller must also preserve information that forms a reasonable basis 
for such claims. These disclosure and recordkeeping requirements are 
subject to the PRA.
    The Rule is designed to ensure that prospective purchasers of a 
business opportunity receive information that will help them evaluate 
the opportunity that is presented to them. Sellers must disclose five 
key items of information in a simple, one-page document:
     The seller's identifying information;
     whether the seller makes a claim about the purchaser's 
likely earnings (and, if the seller checks the ``yes'' box, the seller 
must provide information supporting any such claims);
     whether the seller, its affiliates or key personnel have 
been involved in certain legal actions (and, if yes, the seller must 
provide a separate list of those actions);
     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
     a list of persons who bought the business opportunity 
within the previous three years.
    Misrepresentations and omissions are prohibited under the Rule, and 
for sales conducted in languages other than English, all disclosures 
must be provided in the language in which the sale is conducted.

PRA Burden Analysis

    Subject to public comment to shed further light, the FTC retains 
its respondent population estimates from its prior OMB clearance for 
the information collection requirements

[[Page 45289]]

under the Rule.\1\ Thus, FTC staff estimates there are approximately 
3,050 business opportunity sellers covered by the Rule, including 
vending machine, rack display, work-at-home, and other opportunity 
sellers. Staff also estimates that approximately 10% of the 3,050 
business opportunity sellers covered by the Rule reflects an equal 
amount of new and departing business entrants (thus, for simplicity, 
staff assumes that, for a given year, there are 2,745 existing business 
opportunity sellers plus 305 new entrants to the field). Additionally, 
staff estimates that approximately 165 of business opportunity sellers 
market business opportunities in Spanish (in addition to English) and 
approximately 95 sellers market in languages other than English or 
Spanish \2\ (in addition to English).
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    \1\ 79 FR 73074 (Dec. 9, 2014).
    \2\ To estimate how many of the 3,050 sellers market business 
opportunities in languages other than English, FTC staff relies upon 
2015 United States Census Bureau (``Census'') data. http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_12_1YR_S1601&prodType=table. Calculations 
based upon this data reveal that approximately 5.4% of the United 
States population speaks Spanish at home and speaks English less 
than ``very well.'' Calculations based upon that same survey reveal 
that approximately 3.1% of the United States population speaks a 
language other than Spanish or English at home and speak English 
less than ``very well.'' Staff thus projected that 5.4% of all 
entities selling business opportunities market in Spanish and 3.1% 
of all entities selling business opportunities market in languages 
other than English or Spanish.
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A. Estimated Hours Burden

    The burden estimates for compliance will vary depending on the 
particular business opportunity seller's prior experience with the 
Rule. Commission staff estimates that the projected 2,745 existing 
business opportunity sellers will require no more than approximately 
two hours to update the disclosure document [5,490 total hours]. Staff 
further projects that the estimated 305 new business opportunity 
sellers will require no more than approximately five hours to develop 
the disclosure document [1,525 total hours]. Both existing and new 
business opportunity sellers will require approximately one hour to 
file and store records [3,050 total hours], for a cumulative total of 
10,065 hours [5,490 hours + 1,525 hours + 3,050 hours] per year to meet 
the Rule's disclosure and recordkeeping requirements.

B. Estimated Labor Cost

    Labor costs are determined by applying applicable wage rates to 
associated burden hours. Commission staff assumes that an attorney 
likely would prepare or update the disclosure document at an estimated 
hourly rate of $250. Accordingly, staff estimates that cumulative labor 
costs are $2,516,250 [10,065 hours x $250 per hour].

C. Estimated Non-Labor Costs

1. Printing and Mailing of the Disclosure Document
    Business opportunity sellers must also incur costs to print and 
distribute the single-page disclosure document, plus any attachments. 
These costs vary based upon the length of the attachments and the 
number of copies produced to meet the expected demand. Commission staff 
estimates that 3,050 business opportunity sellers will print and mail 
approximately 1,000 disclosure documents per year at a cost of $1.00 
per document, for a total cost of $3,050,000. Conceivably, many 
business opportunity sellers will elect to furnish disclosures 
electronically; thus, the total cost could be much less.

2. Translating the Required Disclosures Into a Language Other Than 
English

    The Rule requires that sellers update their disclosures. The costs 
associated with translating the disclosures will vary depending upon a 
business opportunity seller's prior experience with the Rule and the 
language the seller uses to market the opportunity. For example, 
existing and new business opportunity sellers marketing in Spanish will 
not incur costs to translate the disclosure document as Appendices A 
and B to the Rule provide, respectively, illustrations of the requisite 
disclosure documents in English and Spanish. Existing sellers, 
regardless of the non-English language used to present disclosures, may 
incur translation costs to update the document. New entrants that 
market business opportunities in languages other than English or 
Spanish (in addition to an assumed use of disclosure documents in 
English) will incur translation costs to translate Appendix A from 
English and to enter equivalent responses in these other languages.
    As stated above, using assumptions informed by Census data (see 
footnote 2), FTC staff estimates that 165 sellers market business 
opportunities in Spanish and an additional 95 sellers market in 
languages other than English or Spanish. This includes an estimated 10 
new entrants in the latter sub-category (based on the assumption that 
10% yearly of a given group consists of new entrants with an equal 
offset for departing business entities). Those new entrants will incur 
initial translation costs to draft a disclosure document consistent 
with Appendix A to the Rule.
    There are 485 words in Appendix A to the Rule. Therefore, the total 
cost burden to translate the disclosure document for the 10 new 
business opportunity sellers marketing in a language other than English 
or Spanish will be approximately $849 [10 sellers x (17.5 cents \3\ per 
word x 485 words)].
---------------------------------------------------------------------------

    \3\ Staff estimates that it will cost approximately 17.5 cents 
to translate each word into the language the sellers use to market 
the opportunities.
---------------------------------------------------------------------------

    For purposes of this PRA analysis, staff assumes that both new and 
existing business opportunity sellers marketing business opportunities 
in languages other than English [260 sellers]: (1) Are marketing in 
both English and another language; (2) are not incorporating any 
existing materials into their disclosure document; (3) have been the 
subject of civil or criminal legal actions; (4) are making earnings 
claims; (5) have a refund or cancellation policy; and (6) because of 
all of the above assumptions, require approximately 250 words 
(approximately one standard, double-spaced page) to translate their 
updates, in the case of existing business opportunity sellers, or 
supply and translate their initial disclosures, in the case of new 
business opportunity sellers. Therefore, the total cost to translate 
the updates or to translate from English the initial disclosures is 
approximately $11,375 [260 sellers x (17.5 cents per word x 250 
words)].
    Thus, cumulative estimated non-labor costs are $3,062,224 
($3,050,000 + $849 + $11,375).

Request for Comment

    You can file a comment online or on paper. For the FTC to consider 
your comment, we must receive it on or before November 27, 2017. Write 
``Business Opportunity Rule Paperwork Comment, FTC File No. P114408'' 
on your comment. Your comment--including your name and your state--will 
be placed on the public record of this proceeding, including, to the 
extent practicable, on the public Commission Web site, at http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the 
Commission tries to remove individuals' home contact information from 
comments before placing them on the Commission Web site.
    Postal mail addressed to the Commission is subject to delay due to 
heightened security screening. As a result, we encourage you to submit 
your comments online, or to send them to the Commission by courier or 
overnight service. To make sure that the

[[Page 45290]]

Commission considers your online comment, you must file it at https://ftcpublic.commentworks.com/ftc/BusinessOpportunityRulePRA_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 ``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, 
Washington, DC 20024. If possible, 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, 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.
    The FTC Act and other laws that the Commission administers permit 
the collection of public comments to consider and use in this 
proceeding as appropriate. The Commission will consider all timely and 
responsive public comments that it receives on or before November 27, 
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. 2017-20846 Filed 9-27-17; 8:45 am]
 BILLING CODE 6750-01-P



     45288                    Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices

     pursuant to the Home Owners’ Loan Act                   three years the current Paperwork                     the methodology and assumptions used;
     (12 U.S.C. 1461 et seq.) (HOLA),                        Reduction Act (‘‘PRA’’) clearance for                 (3) ways to enhance the quality, utility,
     Regulation LL (12 CFR part 238), and                    information collection requirements                   and clarity of the information to be
     Regulation MM (12 CFR part 239), and                    contained in the Commission’s Business                collected; and (4) ways to minimize the
     all other applicable statutes and                       Opportunity Rule (‘‘Rule’’). That                     burden of the collection of information
     regulations to become a savings and                     clearance expires on January 31, 2018.                on those who are to respond, including
     loan holding company and/or to acquire                  DATES: Comments must be submitted by                  through the use of appropriate
     the assets or the ownership of, control                 November 27, 2017.                                    automated, electronic, mechanical, or
     of, or the power to vote shares of a                    ADDRESSES: Interested parties may file a              other technological collection
     savings association and nonbanking                      comment online or on paper, by                        techniques or other forms of information
     companies owned by the savings and                      following the instructions in the                     technology, e.g., permitting electronic
     loan holding company, including the                     Request for Comment part of the                       submission of responses.
     companies listed below.                                 SUPPLEMENTARY INFORMATION section                        The Business Opportunity Rule
        The applications listed below, as well               below. Write ‘‘Business Opportunity                   requires business opportunity sellers to
     as other related filings required by the                Rule Paperwork Comment, FTC File No.                  furnish to prospective purchasers a
     Board, are available for immediate                      P114408’’ on your comment, and file                   disclosure document that provides
     inspection at the Federal Reserve Bank                  your comment online at https://                       information relating to the seller, the
     indicated. The application also will be                 ftcpublic.commentworks.com/ftc/                       seller’s business, the nature of the
     available for inspection at the offices of              BusinessOpportunityRulePRA by                         proposed business opportunity, as well
     the Board of Governors. Interested                      following the instructions on the web-                as additional information regarding any
     persons may express their views in                      based form. If you prefer to file your                claims about actual or potential sales,
     writing on the standards enumerated in                  comment on paper, mail your comment                   income, or profits for a prospective
     the HOLA (12 U.S.C. 1467a(e)). If the                   to the following address: Federal Trade               business opportunity purchaser. The
     proposal also involves the acquisition of               Commission, Office of the Secretary,                  seller must also preserve information
     a nonbanking company, the review also                   600 Pennsylvania Avenue NW., Suite                    that forms a reasonable basis for such
     includes whether the acquisition of the                 CC–5610 (Annex J), Washington, DC                     claims. These disclosure and
     nonbanking company complies with the                    20580, or deliver your comment to the                 recordkeeping requirements are subject
     standards in section 10(c)(4)(B) of the                 following address: Federal Trade                      to the PRA.
     HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless                 Commission, Office of the Secretary,                     The Rule is designed to ensure that
     otherwise noted, nonbanking activities                  Constitution Center, 400 7th Street SW.,              prospective purchasers of a business
     will be conducted throughout the                        5th Floor, Suite 5610, Washington, DC                 opportunity receive information that
     United States.                                          20024.                                                will help them evaluate the opportunity
        Unless otherwise noted, comments                     FOR FURTHER INFORMATION CONTACT:                      that is presented to them. Sellers must
     regarding each of these applications                    Requests for additional information                   disclose five key items of information in
     must be received at the Reserve Bank                    should be addressed to Christine M.                   a simple, one-page document:
     indicated or the offices of the Board of
     Governors not later than October 23,
                                                             Todaro, Attorney, Division of Marketing                  • The seller’s identifying information;
                                                             Practices, Bureau of Consumer                            • whether the seller makes a claim
     2017.                                                   Protection, Federal Trade Commission,
        A. Federal Reserve Bank of Cleveland                                                                       about the purchaser’s likely earnings
                                                             600 Pennsylvania Avenue NW., CC–                      (and, if the seller checks the ‘‘yes’’ box,
     (Nadine Wallman, Vice President) 1455
                                                             8528, Washington, DC 20580, (202) 326–                the seller must provide information
     East Sixth Street, Cleveland, Ohio
                                                             3711.                                                 supporting any such claims);
     44101–2566. Comments can also be sent
                                                             SUPPLEMENTARY INFORMATION: Under the                     • whether the seller, its affiliates or
     electronically to
     Comments.applications@clev.frb.org:                     PRA, 44 U.S.C. 3501–3521, federal                     key personnel have been involved in
        1. First Mutual Holding Co.,                         agencies must obtain approval from                    certain legal actions (and, if yes, the
     Lakewood, Ohio; to acquire Doolin                       OMB for each collection of information                seller must provide a separate list of
     Security Savings Bank, FSB, New                         they conduct or sponsor. ‘‘Collection of              those actions);
                                                             information’’ means agency requests or
     Martinsville, West Virginia.                                                                                     • whether the seller has a
                                                             requirements that members of the public
       Board of Governors of the Federal Reserve                                                                   cancellation or refund policy (and, if
                                                             submit reports, keep records, or provide
     System, September 25, 2017.                                                                                   yes, the seller must provide a separate
                                                             information to a third party. 44 U.S.C.
     Yao-Chin Chao,                                                                                                document stating the material terms of
                                                             3502(3); 5 CFR 1320.3(c). As required by
     Assistant Secretary of the Board.                                                                             such policies); and
                                                             section 3506(c)(2)(A) of the PRA, the
     [FR Doc. 2017–20811 Filed 9–27–17; 8:45 am]             FTC is providing this opportunity for                    • a list of persons who bought the
     BILLING CODE P                                          public comment before requesting that                 business opportunity within the
                                                             OMB extend the existing clearance for                 previous three years.
                                                             the information collection requirements                  Misrepresentations and omissions are
     FEDERAL TRADE COMMISSION                                contained in the Business Opportunity                 prohibited under the Rule, and for sales
                                                             Rule, 16 CFR part 437 (OMB Control                    conducted in languages other than
     Agency Information Collection                           Number 3084–0142).                                    English, all disclosures must be
     Activities; Proposed Collection;                           The FTC invites comments on: (1)                   provided in the language in which the
     Comment Request                                         Whether the proposed collection of                    sale is conducted.
     AGENCY:   Federal Trade Commission                      information is necessary for the proper               PRA Burden Analysis
     (‘‘FTC’’ or ‘‘Commission’’).                            performance of the functions of the
                                                             agency, including whether the                            Subject to public comment to shed
     ACTION: Notice.
                                                             information will have practical utility;              further light, the FTC retains its
     SUMMARY:   The FTC intends to ask the                   (2) the accuracy of the agency’s estimate             respondent population estimates from
     Office of Management and Budget                         of the burden of the proposed collection              its prior OMB clearance for the
     (‘‘OMB’’) to extend for an additional                   of information, including the validity of             information collection requirements


VerDate Sep<11>2014   18:44 Sep 27, 2017   Jkt 241001   PO 00000   Frm 00033   Fmt 4703   Sfmt 4703   E:\FR\FM\28SEN1.SGM   28SEN1


                                Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices                                                  45289

     under the Rule.1 Thus, FTC staff                         document at an estimated hourly rate of              costs to draft a disclosure document
     estimates there are approximately 3,050                  $250. Accordingly, staff estimates that              consistent with Appendix A to the Rule.
     business opportunity sellers covered by                  cumulative labor costs are $2,516,250                   There are 485 words in Appendix A
     the Rule, including vending machine,                     [10,065 hours × $250 per hour].                      to the Rule. Therefore, the total cost
     rack display, work-at-home, and other                                                                         burden to translate the disclosure
     opportunity sellers. Staff also estimates                C. Estimated Non-Labor Costs                         document for the 10 new business
     that approximately 10% of the 3,050                      1. Printing and Mailing of the Disclosure            opportunity sellers marketing in a
     business opportunity sellers covered by                  Document                                             language other than English or Spanish
     the Rule reflects an equal amount of                                                                          will be approximately $849 [10 sellers ×
     new and departing business entrants                         Business opportunity sellers must                 (17.5 cents 3 per word × 485 words)].
     (thus, for simplicity, staff assumes that,               also incur costs to print and distribute                For purposes of this PRA analysis,
     for a given year, there are 2,745 existing               the single-page disclosure document,                 staff assumes that both new and existing
     business opportunity sellers plus 305                    plus any attachments. These costs vary               business opportunity sellers marketing
     new entrants to the field). Additionally,                based upon the length of the                         business opportunities in languages
     staff estimates that approximately 165 of                attachments and the number of copies                 other than English [260 sellers]: (1) Are
     business opportunity sellers market                      produced to meet the expected demand.                marketing in both English and another
     business opportunities in Spanish (in                    Commission staff estimates that 3,050                language; (2) are not incorporating any
     addition to English) and approximately                   business opportunity sellers will print              existing materials into their disclosure
     95 sellers market in languages other                     and mail approximately 1,000                         document; (3) have been the subject of
     than English or Spanish 2 (in addition to                disclosure documents per year at a cost              civil or criminal legal actions; (4) are
     English).                                                of $1.00 per document, for a total cost              making earnings claims; (5) have a
                                                              of $3,050,000. Conceivably, many                     refund or cancellation policy; and (6)
     A. Estimated Hours Burden                                business opportunity sellers will elect to           because of all of the above assumptions,
       The burden estimates for compliance                    furnish disclosures electronically; thus,            require approximately 250 words
     will vary depending on the particular                    the total cost could be much less.                   (approximately one standard, double-
     business opportunity seller’s prior                                                                           spaced page) to translate their updates,
     experience with the Rule. Commission                     2. Translating the Required Disclosures
                                                              Into a Language Other Than English                   in the case of existing business
     staff estimates that the projected 2,745                                                                      opportunity sellers, or supply and
     existing business opportunity sellers                       The Rule requires that sellers update             translate their initial disclosures, in the
     will require no more than                                their disclosures. The costs associated              case of new business opportunity
     approximately two hours to update the                    with translating the disclosures will                sellers. Therefore, the total cost to
     disclosure document [5,490 total hours].                 vary depending upon a business                       translate the updates or to translate from
     Staff further projects that the estimated                opportunity seller’s prior experience                English the initial disclosures is
     305 new business opportunity sellers                     with the Rule and the language the                   approximately $11,375 [260 sellers ×
     will require no more than                                seller uses to market the opportunity.               (17.5 cents per word × 250 words)].
     approximately five hours to develop the                  For example, existing and new business                  Thus, cumulative estimated non-labor
     disclosure document [1,525 total hours].                 opportunity sellers marketing in                     costs are $3,062,224 ($3,050,000 + $849
     Both existing and new business                           Spanish will not incur costs to translate            + $11,375).
     opportunity sellers will require                         the disclosure document as Appendices
     approximately one hour to file and store                                                                      Request for Comment
                                                              A and B to the Rule provide,
     records [3,050 total hours], for a                                                                               You can file a comment online or on
                                                              respectively, illustrations of the
     cumulative total of 10,065 hours [5,490                                                                       paper. For the FTC to consider your
                                                              requisite disclosure documents in
     hours + 1,525 hours + 3,050 hours] per                                                                        comment, we must receive it on or
                                                              English and Spanish. Existing sellers,
     year to meet the Rule’s disclosure and                                                                        before November 27, 2017. Write
                                                              regardless of the non-English language
     recordkeeping requirements.                                                                                   ‘‘Business Opportunity Rule Paperwork
                                                              used to present disclosures, may incur
     B. Estimated Labor Cost                                  translation costs to update the                      Comment, FTC File No. P114408’’ on
                                                              document. New entrants that market                   your comment. Your comment—
       Labor costs are determined by
                                                              business opportunities in languages                  including your name and your state—
     applying applicable wage rates to
                                                              other than English or Spanish (in                    will be placed on the public record of
     associated burden hours. Commission
                                                              addition to an assumed use of                        this proceeding, including, to the extent
     staff assumes that an attorney likely
                                                              disclosure documents in English) will                practicable, on the public Commission
     would prepare or update the disclosure
                                                              incur translation costs to translate                 Web site, at http://www.ftc.gov/os/
       1 79  FR 73074 (Dec. 9, 2014).                         Appendix A from English and to enter                 publiccomments.shtm. As a matter of
       2 To  estimate how many of the 3,050 sellers           equivalent responses in these other                  discretion, the Commission tries to
     market business opportunities in languages other         languages.                                           remove individuals’ home contact
     than English, FTC staff relies upon 2015 United                                                               information from comments before
     States Census Bureau (‘‘Census’’) data. http://             As stated above, using assumptions
                                                                                                                   placing them on the Commission Web
     factfinder2.census.gov/faces/tableservices/jsf/          informed by Census data (see footnote
     pages/productview.xhtml?pid=ACS_12_1YR_                                                                       site.
                                                              2), FTC staff estimates that 165 sellers
     S1601&prodType=table. Calculations based upon                                                                    Postal mail addressed to the
                                                              market business opportunities in
     this data reveal that approximately 5.4% of the                                                               Commission is subject to delay due to
     United States population speaks Spanish at home          Spanish and an additional 95 sellers
                                                                                                                   heightened security screening. As a
     and speaks English less than ‘‘very well.’’              market in languages other than English
     Calculations based upon that same survey reveal                                                               result, we encourage you to submit your
                                                              or Spanish. This includes an estimated
     that approximately 3.1% of the United States                                                                  comments online, or to send them to the
     population speaks a language other than Spanish or       10 new entrants in the latter sub-
                                                                                                                   Commission by courier or overnight
     English at home and speak English less than ‘‘very       category (based on the assumption that
     well.’’ Staff thus projected that 5.4% of all entities
                                                                                                                   service. To make sure that the
                                                              10% yearly of a given group consists of
     selling business opportunities market in Spanish
     and 3.1% of all entities selling business
                                                              new entrants with an equal offset for                  3 Staff estimates that it will cost approximately

     opportunities market in languages other than             departing business entities). Those new              17.5 cents to translate each word into the language
     English or Spanish.                                      entrants will incur initial translation              the sellers use to market the opportunities.



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     45290                    Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Notices

     Commission considers your online                        and legal basis for the request, and must             measures used to evaluate progress in
     comment, you must file it at https://                   identify the specific portions of the                 improving the quality of child care
     ftcpublic.commentworks.com/ftc/                         comment to be withheld from the public                programs and services. The QPR
     BusinessOpportunityRulePRA_by                           record. See FTC Rule 4.9(c). Your                     replaces the Quality Performance Report
     following the instructions on the web-                  comment will be kept confidential only                that was previously an appendix to the
     based form. When this Notice appears at                 if the General Counsel grants your                    CCDF Plan. The QPR increased
     http://www.regulations.gov/#!home, you                  request in accordance with the law and                transparency on quality spending and
     also may file a comment through that                    the public interest. Once your comment                will continue to gather detailed
     Web site.                                               has been posted on the public FTC Web                 information on how States and
        If you file your comment on paper,                   site—as legally required by FTC Rule                  Territories are spending their quality
     write ‘‘Business Opportunity Rule                       4.9(b)—we cannot redact or remove                     funds, as well as more specific data
     Paperwork Comment, FTC File No.                         your comment from the FTC Web site,                   points to reflect the requirements in the
     P114408’’ on your comment and on the                    unless you submit a confidentiality                   CCDBG Act and the CCDF final rule.
     envelope, and mail it to the following                  request that meets the requirements for                  In the QPR, Lead Agencies are asked
     address: Federal Trade Commission,                      such treatment under FTC Rule 4.9(c),                 about the State’s or Territory’s progress
     Office of the Secretary, 600                            and the General Counsel grants that                   in meeting its goals as reported in the
     Pennsylvania Avenue NW., Suite CC–                      request.                                              CCDF Plan, and provide available data
     5610 (Annex J), Washington, DC 20580,                      The FTC Act and other laws that the
                                                                                                                   on the results of those activities.
     or deliver your comment to the                          Commission administers permit the
                                                                                                                   Specifically, this report will: (1) Ensure
     following address: Federal Trade                        collection of public comments to
                                                                                                                   accountability for the use of CCDF
     Commission, Office of the Secretary,                    consider and use in this proceeding as
                                                                                                                   quality funds, including a set-aside for
     Constitution Center, 400 7th Street SW.,                appropriate. The Commission will
                                                                                                                   quality infant and toddler care that
     5th Floor, Suite 5610, Washington, DC                   consider all timely and responsive
                                                                                                                   begins in FY 2017; (2) track progress
     20024. If possible, submit your paper                   public comments that it receives on or
                                                             before November 27, 2017. For                         toward meeting State- and Territory-set
     comment to the Commission by courier                                                                          indicators and benchmarks for
     or overnight service.                                   information on the Commission’s
                                                             privacy policy, including routine uses                improvement of child care quality per
        Because your comment will be placed                                                                        what they described in their CCDF
     on the publicly accessible FTC Web site                 permitted by the Privacy Act, see
                                                             https://www.ftc.gov/site-information/                 Plans; (3) summarize how the Lead
     at https://www.ftc.gov/, you are solely                                                                       Agency is building a progression of
     responsible for making sure that your                   privacy-policy.
                                                                                                                   professional development for child care
     comment does not include any sensitive                  David C. Shonka,                                      providers as envisioned in the CCDBG
     or confidential information. In                         Acting General Counsel.                               Act of 2014 and CCDF final rule; and (4)
     particular, your comment should not                     [FR Doc. 2017–20846 Filed 9–27–17; 8:45 am]           inform federal technical assistance
     include any sensitive personal                          BILLING CODE 6750–01–P                                efforts and decisions regarding strategic
     information, such as your or anyone                                                                           use of quality funds.
     else’s Social Security number; date of
                                                                                                                      The Office of Child Care (OCC) has
     birth; driver’s license number or other
                                                             DEPARTMENT OF HEALTH AND                              given thoughtful consideration to the
     state identification number, or foreign
                                                             HUMAN SERVICES                                        comments received during the 60-day
     country equivalent; passport number;
                                                                                                                   Public Comment Period and has revised
     financial account number; or credit or                  Administration for Children and                       the QPR to better align with the new
     debit card number. You are also solely                  Families                                              program requirements made under the
     responsible for making sure that your
                                                             [OMB No.: 0970—NEW]                                   CCDBG Act of 2014 and the final rule.
     comment does not include any sensitive
                                                                                                                   The revised document also contains
     health information, such as medical
                                                             Submission for OMB Review;                            additional guidance and clarification
     records or other individually
                                                             Comment Request; Child Care and                       where appropriate in order to improve
     identifiable health information. In
                                                             Development Fund Quality Progress                     the quality of information that is being
     addition, your comment should not
                                                             Report                                                collected. Note: A correction was also
     include any ‘‘trade secret or any
                                                                                                                   made to the burden hours. This 30-day
     commercial or financial information                        Description: Lead Agencies are
                                                                                                                   Public Comment Period provides an
     which . . . is privileged or                            required to spend a certain percent of
                                                                                                                   opportunity for the public to submit
     confidential’’—as provided by Section                   their Child Care and Development Fund
                                                                                                                   comments to the Office of Management
     6(f) of the FTC Act, 15 U.S.C. 46(f), and               (CCDF) awards on activities to improve
                                                                                                                   and Budget (OMB).
     FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—                 the quality of child care. Lead Agencies
     including in particular competitively                   are also required to invest in at least one              Copies of the proposed collection may
     sensitive information such as costs,                    of 10 allowable quality activities                    be obtained by writing to the
     sales statistics, inventories, formulas,                included in the Child Care and                        Administration for Children and
     patterns, devices, manufacturing                        Development Block Grant (CCDBG) Act                   Families, Office of Administration,
     processes, or customer names.                           of 2014. In order to ensure that States               Office of Information Services, 370
        Comments containing material for                     and Territories are meeting these                     L’Enfant Promenade SW., Washington,
     which confidential treatment is                         requirements, the CCDBG Act and the                   DC 20447, Attn: ACF Reports Clearance
     requested must be filed in paper form,                  CCDF final rule require Lead Agencies                 Officer. All requests should be
     must be clearly labeled ‘‘Confidential,’’               to submit an annual report, identified as             identified by the title of the information
     and must comply with FTC Rule 4.9(c).                   the Quality Progress Report in the CCDF               collection. Email address:
     In particular, the written request for                  final rule. The report must describe how              infocollection@acf.hhs.gov.
     confidential treatment that accompanies                 quality funds were expended, including                   Respondents: State and Territory
     the comment must include the factual                    what types of activities were funded and              CCDF Lead Agencies (56).




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Document Created: 2017-09-28 01:33:11
Document Modified: 2017-09-28 01:33:11
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 November 27, 2017.
ContactRequests for additional information
FR Citation82 FR 45288 

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