View Information Collection Request (ICR) Package
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Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3084-0142
ICR Reference No:
201112-3084-013
Status:
Historical Active
Previous ICR Reference No:
201112-3084-001
Agency/Subagency:
FTC
Agency Tracking No:
Title:
Disclosure Requirements Concerning Business Opportunities
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
02/02/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/13/2011
Terms of Clearance:
The approval for this information collection will go into effect March 1, 2012; with the current requirements still being in effect until Feb 29, 2012.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2015
36 Months From Approved
03/31/2012
Responses
3,163,773
0
250,000
Time Burden (Hours)
10,533
0
16,750
Cost Burden (Dollars)
3,068,843
0
3,887,500
Abstract:
The Federal Trade Commission is adopting final amendments to its Trade Regulation Rule entitled "Disclosure Requirements and Prohibitions Concerning Business Opportunities" ("Business Opportunity Rule"). Among other things, the Business Opportunity Rule has been amended to broaden its scope to cover business opportunity sellers not covered by the interim Business Opportunity Rule, such as sellers of work-at-home opportunities, and to streamline and simplify the disclosures that sellers must provide to prospective purchasers.
Authorizing Statute(s):
US Code:
15 USC 41-58
Name of Law: Federal Trade Commission Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
3084-AB04
Final or interim final rulemaking
76 FR 76816
12/08/2011
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
6
IC Title
Form No.
Form Name
Business Opportunity Sellers (Established Entities)
Business Opportunity Sellers (New Entrants)
Business Opportunity Sellers' Printing and Mailing Costs
Costs of Bus. Opp. Sellers Mktg in non-English to Translate the Required Disclosures
Costs to Draft Disclosure Document in a Language Other Than English or Spanish
Disclosures By Vending Machine, Rack Display, and Related Bus. Opportunity Sellers
Disclosures by Work-At-Home Business Opportunity Sellers
Recordkeeping for Business Opportunity Sellers
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
3,163,773
250,000
0
-250,000
3,163,773
0
Annual Time Burden (Hours)
10,533
16,750
0
-16,750
10,533
0
Annual Cost Burden (Dollars)
3,068,843
3,887,500
0
-3,887,500
3,068,843
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The final rule amendments streamline the required disclosures (from over twenty to five) in the disclosure document that business opportunity sellers give to prospective buyers, permit business opportunity sellers to comply with the Rule using existing materials, and permit the use of electronic signatures and electronic recordkeeping. The amendments expand the Rule's coverage to encompass work-at-home opportunity sellers. The amendments add the requirement that sellers must provide the disclosure document and other required disclosures to potential purchasers in the same language the seller uses to market the business opportunity.
Annual Cost to Federal Government:
$309,000
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]?
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?
Uncollected
Agency Contact:
Christine Todaro 202 326-3711 ctodaro@ftc.gov
Common Form ICR:
No
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:
12/13/2011
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