Revised Proposed Business Opportunity Rule

OMB Control No: 3084-0148	ICR Reference No: 200801-3084-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: FTC	Agency Tracking No:
Title: Revised Proposed Business Opportunity Rule
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: Comment filed on proposed rule	Conclusion Date: 06/10/2008
Retrieve Notice of Action (NOA)	Date Received in OIRA: 03/26/2008
Terms of Clearance: Associated with a rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The Federal Trade Commission is publishing a revised NPR for the Business Opportunity Rule ("Rule") proposing that the Rule, currently in interim status, be more narrowly tailored to address fraud perpetrated by traditional business opportunity sellers. The initially proposed Business Opportunity Rule advanced with the original NPR would have expanded the scope of business opportunity promoters subject to regulation, such as vending machines and rack display opportunities, to include work-at-home and multilevel marketing programs. The Rule amendments would eliminate multi-level marketing companies from the scope of coverage, as well as other companies that were inadvertently included in the Rule. In addition, the proposed amended rule would further streamline the disclosure obligations imposed by the existing interim rule.

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Authorizing Statute(s): US Code: 15 USC et seq. 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:
3084-AB04	Proposed rulemaking	73 FR 16110	03/26/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name All business opportunity sellers under FTC jurisdiction Work-at-home bus. opportunity sellers Vending machine, rack display, and related bus. opportunity sellers

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: See the Abstract above.

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Annual Cost to Federal Government: $250,000

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]? 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

Agency Contact: Monica Vaca 202 326-2245 [email protected]

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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: 03/26/2008

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