Agency Information Collection Activities; Proposed Collection; Comment Request
| Published date | 07 April 2020 |
| Citation | 85 FR 19479 |
| Record Number | 2020-07269 |
| Section | Notices |
| Court | Federal Trade Commission |
Federal Register, Volume 85 Issue 67 (Tuesday, April 7, 2020)
[Federal Register Volume 85, Number 67 (Tuesday, April 7, 2020)]
[Notices]
[Pages 19479-19481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07269]
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FEDERAL TRADE COMMISSION
Agency Information Collection Activities; Proposed Collection;
Comment Request
AGENCY: Federal Trade Commission.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995
(``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is
seeking public comment on its proposal to extend for an additional
three years the Office of Management and Budget clearance for
information collection requirements in its Trade Regulation Rule on
Disclosure Requirements and Prohibitions Concerning Franchising
(``Franchise Rule'' or ``Rule''). That clearance expires on October 31,
2020.
DATES: Comments must be submitted by June 8, 2020.
ADDRESSES: Interested parties may file a comment online or on paper, by
following the instructions in the Request for Comment part of the
SUPPLEMENTARY INFORMATION section below. Write ``Franchise Rule, PRA
Comment, FTC File No. P094400'' on your comment and file your comment
online at https://www.regulations.gov, by following the instructions on
the web-based form. If you prefer to file your comment on paper, mail
your comment to the following address: Federal Trade Commission, Office
of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex J),
Washington, DC 20580, or deliver your comment to the following address:
Federal Trade Commission, Office of the Secretary, Constitution Center,
400 7th Street SW, 5th Floor, Suite 5610 (Annex J), Washington, DC
20024.
FOR FURTHER INFORMATION CONTACT: Christine M. Todaro, Attorney,
Division of Marketing Practices, Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania Avenue
[[Page 19480]]
NW, Room 8607, Washington, DC 20580, (202) 326-3711, [email protected].
SUPPLEMENTARY INFORMATION:
Title of Collection: Franchise Rule, 16 CFR part 436.
OMB Control Number: 3084-0107.
Type of Review: Extension without change of currently approved
collection.
Affected Public: Private Sector: Businesses and other for-profit
entities.
Estimated Annual Burden Hours: 16,750.
Estimated Annual Labor Costs: $3,603,125.
Estimated Annual Non-Labor Costs: $7,250,000.
Abstract: The Franchise Rule ensures that consumers who are
considering a franchise investment have access to the material
information they need to make an informed investment decision and
compare different franchise offerings. The Rule requires franchisors to
furnish prospective purchasers with a Franchise Disclosure Document
(``FDD'') that provides information relating to the franchisor, its
business, the nature of the proposed franchise, and any representations
by the franchisor about financial performance regarding actual or
potential sales, income, or profits made to a prospective franchise
purchaser. The Rule also requires that franchisors maintain records to
facilitate enforcement of the Rule.\1\ The franchisor must preserve
materially different copies of its FDD for 3 years, as well as
information that provides a reasonable basis for any financial
performance representation it elects to make.
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\1\ The Rule was amended in 2007 to conform its disclosure
requirements with the disclosure format accepted by 15 states that
have franchise registration or disclosure laws. See 72 FR 15444
(Mar. 30, 2007). The amended Rule has significantly minimized any
compliance burden beyond what is required by state law.
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Estimated Annual Hours Burden: 16,750.
Based on information from state regulatory authorities and relevant
trade journals, staff estimates that there are approximately 2,500
sellers of franchises covered by the Rule, with approximately 10% of
that total reflecting an equal amount of new and departing business
entrants.\2\ Staff estimates that the average annual disclosure burden
for established franchisors to update existing disclosure documents
will be three hours per seller for a total of 6,750 hours (2,250
franchisors x 3 hours). For new franchisors, staff estimates that
preparation of disclosure documents by new sellers of franchise
opportunities will require approximately 30 hours for a total of 7,500
hours (250 new franchisors x 30 hours).
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\2\ This number 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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Covered franchisors also may need to maintain an alternative
version of the FDD for use in non-registration states, which may differ
from FDDs used in registration states. Staff estimates that this
recordkeeping obligation would require approximately one hour per year.
This results in an additional burden of 2,500 hours (2,500 franchisors
x 1 hour). Under the Rule, a franchisor is also required to retain
copies of receipts of disclosure documents, as well as materially
different versions of its disclosure documents. Such recordkeeping
requirements, however, are consistent with, or less burdensome than,
those imposed by the states that have franchise registration and
disclosure laws. Accordingly, staff believes that incremental
recordkeeping burden, if any, would be de minimis.
Estimated Annual Labor Costs: $3,603,125.
Labor costs are derived by applying estimated hourly cost figures
to the burden hours described above. FTC staff anticipates that an
attorney will prepare required disclosure documents at an estimated
hourly attorney rate of $250.\3\ For established franchisors, estimates
the following annual labor costs: $750 per established franchisor (3
hours x $250) for a total annual cost burden of $1,687,500 ($750 x
2,250 established franchisors). For new franchisors, this yields an
annual cost of $7,500 per new franchisor (30 hours x $250) for a total
annual cost burden of $1,875,000 for new franchisors ($7,500 x 250 new
franchisors).
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\3\ Commission staff believes this is a reasonable estimate for
mean hourly attorney rates for franchisor consultation on compliance
with the Rule's disclosure and recordkeeping requirements.
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The FTC additionally anticipates that recordkeeping under the Rule
will be performed by clerical staff at approximately $16.25 per
hour.\4\ Thus, 2,500 hours of recordkeeping burden per year for all
covered franchisors will amount to a total annual labor cost of
$40,625.
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\4\ Based on mean hourly wages for file clerks found in Table 1.
``National employment and wage data from the Occupational Employment
Statistics survey by occupation, May 2018,'' at https://www.bls.gov/news.release/ocwage.t01.htm.
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Estimated Annual Non-Labor Costs: $7,250,000.
In developing cost estimates 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 franchisors generally.
FTC staff estimates that the non-labor burden incurred by
franchisors differs based on the length of the disclosure document, the
number produced, and the method of distribution employed by
franchisors. Staff estimates that the estimated 2,500 sellers of
franchise opportunities distribute approximately 100 disclosure
documents each annually for a total of 250,000 disclosure documents.
Staff estimates that 80% of these disclosure documents are distributed
in hard copy format at a cost of $35 each for printing and mailing
costs. This results in a total estimated $7,000,000 in non-labor costs
printing and mailing disclosure documents (200,000 x $35). Staff
estimates that the remaining 20% of disclosure documents (50,000) are
distributed electronically, at a cost of $5 per electronic disclosure.
This yields a total non-labor cost burden associated with the
electronic distribution of disclosure documents of $250,000 (50,000 x
$5).
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).
Request for Comment
Pursuant to Section 3506(c)(2)(A) of the PRA, 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.
[[Page 19481]]
You can file a comment online or on paper. For the Commission to
consider your comment, we must receive it on or before June 8, 2020.
Write ``Franchise Rule, PRA Comment, FTC File No. P094400'' on your
comment. 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 through the https://www.regulations.gov website by following the instructions on the web-
based form provided. Your comment, including your name and your state--
will be placed on the public record of this proceeding, including the
https://www.regulations.gov website.
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 public record, 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 https://www.regulations.gov--as legally required by FTC
Rule 4.9(b)--we cannot redact or remove your comment from https://www.regulations.gov, 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 June 8, 2020.
For information on the Commission's privacy policy, including routine
uses permitted by the Privacy Act, see https://www.ftc.gov/site-information/privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2020-07269 Filed 4-6-20; 8:45 am]
BILLING CODE 6750-01-P
