FACT Act Affiliate Marketing Rule

Forms and Documents

Document Name	Status
Justification Statement for Reducing Previously Cleared FTC Burden Estimate_mtd.pdf Justification for No Material/Nonsubstantive Change	2011-12-09

IC Document Collections

IC ID	Document Title	Status
32357	Non-GLBA entities under the FACT Act Affiliate Marketing Rule	Modified
183071	GLBA entities under the FACT Act Affiliate Marketing Rule	Modified

ICR Details

OMB Control No: 3084-0131	ICR Reference No: 201112-3084-010
Status: Historical Active	Previous ICR Reference No: 201011-3084-001
Agency/Subagency: FTC	Agency Tracking No:
Title: FACT Act Affiliate Marketing Rule
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/03/2012
	Date Received in OIRA: 12/09/2011
Terms of Clearance: Federal Trade Commission ("FTC") is reducing burden estimates/changes based on the shared enforcement jurisdiction for this rule with the Consumer Financial Protection Board ("CFPB") under the Dodd-Frank Act. CFPB has incorporated into its recently submitted burden estimates.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2013	12/31/2013	12/31/2013
Responses	112,782	0	223,706
Time Burden (Hours)	526,316	0	1,043,961
Cost Burden (Dollars)	0	0	0

---

Abstract: Because the Federal Trade Commission ("FTC") has shared enforcement jurisdiction for this rule with the Consumer Financial Protection Board ("CFPB") under the Dodd-Frank Act, the CFPB has incorporated into its recently submitted burden estimates for this rule, net of an estimate covering motor vehicle dealers (which the FTC is fully assuming within its own burden estimates), half of the residual portion of the FTC's pre-existing, cleared burden hour estimate for this rule. OMB granted emergency clearance to the CFPB for its recent request. The FTC is submitting this ICR adjustment to reduce its own current burden totals accordingly.

---

Authorizing Statute(s): Statute at Large: 117 Stat. 1952 Name of Statute: Fair and Accurate Credit Transactions Act
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 203 1029 Name of Law: Dodd-Frank Wall Street Reform and Consumer Protection Act

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 43526	07/26/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 70675	11/18/2010
Did the Agency receive public comments on this ICR? No

---

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

IC Title	Form No.	Form Name
GLBA entities under the FACT Act Affiliate Marketing Rule
Non-GLBA entities under the FACT Act Affiliate Marketing Rule

---

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	112,782	223,706	-110,924	0	0	0
Annual Time Burden (Hours)	526,316	1,043,961	-517,645	0	0	0
Annual Cost Burden (Dollars)	0	0	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: In recognition of the Dodd-Frank Act amendments, this requested adjustment would reduce proportionately the FTC's previously cleared burden estimate to correlate with the FTC's shared, overlapping enforcement jurisdiction with the CFPB for this rule while also while also recognizing continued PRA estimated burden for residual rulemaking authority that the FTC retains.

---

Annual Cost to Federal Government: $178,857

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]? Yes

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

Is this ICR related to the Pandemic Response? Uncollected

---

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: 12/09/2011

---