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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Rules and Regulations
primary reason for retaining these provisions and examples is that the rule addresses the relationship between covered motor vehicle dealers and their affiliates, which may not be motor vehicle dealers. The obligations and exceptions set forth by the rule are inextricably linked to a consumers relationship and actions in relation to all affiliates, both motor vehicle dealers and non-motor vehicle dealers. In order for the rule to apply meaningfully, it must address both types of entities, even those not directly covered by the rule.
This will not create any conflict with the CFPBs corresponding rule, as the Commissions Affiliate Marketing Rule and the CFPBs rule are substantially similar and impose the same obligations and exceptions on entities they cover.
IV. Paperwork Reduction Act The Affiliate Marketing Rule contains information collection requirements as defined by 5 CFR 1320.3c, the definitional provision within the Office of Management and Budget OMB
regulations that implement the Paperwork Reduction Act PRA. 44
U.S.C. 3501 et seq. OMB has approved the rules existing information collection requirements through February 28, 2023 OMB Control No.
30840131. Under the existing clearance, the FTC has attributed to itself the estimated burden regarding all motor vehicle dealers and shares equally the remaining estimated PRA
burden with the CFPB for other persons for which both agencies have enforcement authority.
The Final Rule amends 16 CFR part 680. The amendments do not modify or add to information collection requirements previously approved by OMB. The amendments make no substantive changes to the rule, other than to clarify that the scope of the rule is limited to motor vehicle dealers. The rules OMB clearance already reflects that scope. Therefore, the Commission does not believe the amendments substantially or materially modify any collections of information as defined by the PRA.
V. Regulatory Flexibility Act The Regulatory Flexibility Act RFA, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires an agency to either provide an Initial Regulatory Flexibility Analysis IRFA with a proposed rule, or certify that the proposed rule will not have a significant impact on a substantial number of small entities.13 The Commission published 13 5

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an Initial Regulatory Flexibility Analysis in order to inquire into the impact of the proposed rule on small entities.14 The Commission received no responsive comments.
The Commission does not believe these amendments have the threshold impact on small entities. The amendments effectuate changes to the Dodd-Frank Act and will not impose costs on small motor vehicle dealers because the amendments are for clarification purposes and will not result in any increased burden on any motor vehicle dealer. Thus, a small entity that complies with current law need not take any different or additional action under the Final Rule. Therefore, the Commission certifies that amending the Affiliate Marketing Rule will not have a significant economic impact on a substantial number of small businesses.
Although the Commission certifies under the RFA that the Final Rule will not have a significant impact on a substantial number of small entities, and hereby provides notice of that certification to the Small Business Administration, the Commission nonetheless has determined publishing a final regulatory flexibility analysis FRFA is appropriate to ensure the impact of the rule is fully addressed.
Therefore, the Commission has prepared the following analysis:
A. Need for and Objectives of the Final Rule To address the Dodd-Frank Acts changes to the Commissions rulemaking authority, the amendments clarify that the rule applies only to motor vehicle dealers.
B. Significant Issues Raised in Public Comments in Response to the IRFA
The Commission did not receive any comments that addressed the burden on small entities. In addition, the Commission did not receive any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA.
C. Estimate of Number of Small Entities to Which the Final Rule Will Apply The Commission anticipates many covered motor vehicle dealers may qualify as small businesses according to the applicable SBA size standards. As explained in the IRFA, however, determining a precise estimate of the number of small entities is not readily feasible. No commenters addressed this issue. Nonetheless, as discussed above, these amendments do not add any 14 85

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additional burdens on any covered small businesses.
D. Projected Reporting, Recordkeeping, and Other Compliance Requirements, Including Classes of Covered Small Entities and Professional Skills Needed To Comply The amendments impose no new reporting, recordkeeping, or other compliance requirements.
E. Description of Steps Taken To Minimize Significant Economic Impact, if any, on Small Entities, Including Alternatives The Commission did not propose any specific small entity exemption or other significant alternatives because the amendments will not increase reporting requirements and will not impose any new requirements or compliance costs.
VI. Other Matters Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
List of Subjects in 16 CFR Part 680
Consumer protection, Credit, Trade practices.
For the reasons stated above, the Federal Trade Commission amends part 680 of title 16 of the Code of Federal Regulations as follows:
PART 680AFFILIATE MARKETING
1. Revise the authority citation for part 680 to read as follows:

Authority: 12 U.S.C. 5519d; 15 U.S.C.
1681s3; 15 U.S.C. 1681s3 note.

2. In 680.1, revise paragraph b to read as follows:

680.1

Purpose and scope.

b Scope. This part applies to any motor vehicle dealer as defined in 680.3 that uses information from its affiliates for the purpose of marketing solicitations, or provides information to its affiliates for that purpose.
3. In 680.3, redesignate paragraphs i through l as paragraphs j through m and add a new paragraph i to read as follows:
680.3

Definitions.

i Motor vehicle dealer. The term motor vehicle dealer means any person excluded from Consumer Financial Protection Bureau jurisdiction as described in 12 U.S.C. 5519.

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