Disclosure Requirements Concerning Franchising

Forms and Documents

Document Name	Status
Justification .pdf Justification for No Material/Nonsubstantive Change	2023-12-11
Supporting Statement_Franchise PRA_2023_July 10 2023.pdf Supporting Statement A	2023-12-11

IC Document Collections

IC ID	Document Title	Status
46494	Franchise Rule Disclosure and Recordkeeping For Established Entities	Unchanged
32310	Franchise Rule Disclosure and Recordkeeping For New Entrants	Unchanged
186822	Capital/Non-Labor Cost for Electronic Distribution of Disclosure Documents	Unchanged
186821	Capital/Non-Labor Cost for Printing and Mailing Disclosure Documents	Unchanged

ICR Details

OMB Control No: 3084-0107	ICR Reference No: 202312-3084-002
Status: Received in OIRA	Previous ICR Reference No: 202302-3084-003
Agency/Subagency: FTC	Agency Tracking No:
Title: Disclosure Requirements Concerning Franchising
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/11/2023

	Requested	Previously Approved
Expiration Date	08/31/2026	08/31/2026
Responses	404,000	404,000
Time Burden (Hours)	22,480	22,480
Cost Burden (Dollars)	4,800,000	4,800,000

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Abstract: The Federal Trade Commission ("FTC") seeks renewed clearance for the the information collection requirements in its Disclosure Requirements Concerning Franchising ("Franchise Rule"). The Franchise Rule requires franchisors and franchise brokers to furnish a disclosure document to prospective franchisees prior to sale. Prospective franchisees use this information to become better informed about their potential investment and to verify representations made by a franchisor.

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Authorizing Statute(s): US Code: 15 USC 41-58 Name of Law: Federal Trade Commission Act
  

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:
	88 FR 6727	02/01/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 45214	07/14/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Capital/Non-Labor Cost for Electronic Distribution of Disclosure Documents
Capital/Non-Labor Cost for Printing and Mailing Disclosure Documents
Franchise Rule Disclosure and Recordkeeping For Established Entities
Franchise Rule Disclosure and Recordkeeping For New Entrants

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ICR Summary of Burden

	Total Request	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	404,000	404,000	0	0	0	0
Annual Time Burden (Hours)	22,480	22,480	0	0	0	0
Annual Cost Burden (Dollars)	4,800,000	4,800,000	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: There are no program changes. The differences in burden estimates from the prior clearance reflect (1) an increase in the number of covered entities, (2) an increase in labor costs associated with the preparation or updating of required disclosure documents, (3) an increase in printing and mailing costs, and (4) an overall decrease in non-labor costs as franchisors increasingly distribute the required disclosure documents by electronic means.

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Annual Cost to Federal Government: $120,000

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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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: 12/11/2023

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