Disclosure Requirements Concerning Business Opportunities

Forms and Documents

Document Name	Status
Franchise Rule SS 8'25'05.pdf Supporting Statement A	2008-05-13
Franchise & Business Opportunity Rules '08 83-C for 3084-0107.pdf Supplementary Document	2008-05-13

IC Document Collections

IC ID	Document Title	Status
184892	Business Opportunity Sellers (Established Entities)	New
184891	Business Opportunity Sellers (New Entrants)	New

ICR Details

OMB Control No: 3084-0142	ICR Reference No: 200805-3084-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: FTC	Agency Tracking No:
Title: Disclosure Requirements Concerning Business Opportunities
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/23/2008
	Date Received in OIRA: 05/13/2008
Terms of Clearance: This is only a transfer from an existing ICR approval (3084-0107). FTC would like to create a new OMB control number.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2008	10/31/2008
Responses	250,000	0	0
Time Burden (Hours)	16,750	0	0
Cost Burden (Dollars)	3,887,500	0	0

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Abstract: The Federal Trade Commission amended the Franchise Rule on January 23, 2007, separating it into two parts, 16 C.F.R. Parts 436 and 437. Part 436 is the amended Franchise Rule, which covers the sale of business format franchises, and which we seek to retain under OMB Control #3084-0107. Part 437, to which the instant ICR relates, covers the sale of non-franchise business opportunities. To more appropriately reflect their distinct, separate status and for clearer PRA administration, we seek to transfer into a newly assigned control number the inventoried totals strictly applicable to Part 437.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	70 FR 28937	05/19/2005
30-day Notice:	Federal Register Citation:	Citation Date:
	70 FR 51817	08/31/2005
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Business Opportunity Sellers (New Entrants)
Business Opportunity Sellers (Established Entities)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	250,000	0	0	250,000	0	0
Annual Time Burden (Hours)	16,750	0	0	16,750	0	0
Annual Cost Burden (Dollars)	3,887,500	0	0	3,887,500	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The currently approved analysis and Paperwork Reduction Act (“PRA”) estimates under OMB Control No. 3084-0197, to date covering both franchisors and business opportunity sellers, has OMB clearance expiring October 31, 2008. It reflects our analyses from our 2005 pursuit of clearance and 2007 adjustments (related documents attached). That clearance, however, encompasses a portion of disclosure requirements codified under a separate rule for sellers of non-franchise business opportunities. To more appropriately reflect their distinct, separate status and for clearer PRA administration, we seek to transfer into a newly assigned control number the inventoried totals strictly applicable to sellers of non-franchise business opportunities.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/13/2008

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