Regulation S-AM: Limitations on Affilate Marketing

Forms and Documents

Document Name	Status
2007 Supporting Statement for Reg S-AM renewal.doc Supporting Statement A	2010-08-04

IC Document Collections

IC ID	Document Title	Status
35472	Regulation S-AM: Limitations on Affilate Marketing	Modified

ICR Details

OMB Control No: 3235-0609	ICR Reference No: 201008-3235-006
Status: Historical Active	Previous ICR Reference No: 200407-3235-016
Agency/Subagency: SEC	Agency Tracking No: 270-548
Title: Regulation S-AM: Limitations on Affilate Marketing
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/30/2010
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/31/2010
	Date Received in OIRA: 08/05/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2011	6 Months From Approved
Responses	4,074	0	0
Time Burden (Hours)	11,543	0	0
Cost Burden (Dollars)	2,000	0	0

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Abstract: Regulation S-AM implements Section 214 of the Fair and Accurate Credit Transactions Act of 2003 and requires that, before a company may use certain financial information about a consumer that it receives from an affiliate to make marketing solicitations to that consumer, the consumer must be provided notice and an opportunity to opt out of receiving such solicitations.

Emergency Justfication: The OMB control number received a pre-approval for a revision relating to a proposed rule in November 16, 2007. Due to an error, the pre-approval was not converted to final approval status once the related final rule was published in the Federal Register on August 11, 2009, as a result the number went historically inactive. We are requesting to have the number reinstated. Once the number is reinstated we intended to request a rule revision to update the burden numbers.

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Authorizing Statute(s): US Code: 15 USC 78q, 78q-1, 78w, 78mm Name of Law: Sections 17, 17A, 23, and 36 of the Securities Exchange Act of 1934
   US Code: 15 USC 80a-30(a), 80a-37, 80b-4 Name of Law: Section 31 and 38 of the Investment Company Act of 1940, and sections 204 and 211 of the Investment
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3235-AJ24	Final or interim final rulemaking	74 FR 40398	08/11/2009

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Regulation S-AM: Limitations on Affilate Marketing

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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	4,074	0	0	0	0	4,074
Annual Time Burden (Hours)	11,543	0	0	0	0	11,543
Annual Cost Burden (Dollars)	2,000	0	0	0	0	2,000

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:

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Annual Cost to Federal Government: $0

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]? Uncollected

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

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: 08/05/2010

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