81_FR_77215 81 FR 77001 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Appraisals for Higher-Priced Mortgage Loans

81 FR 77001 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Appraisals for Higher-Priced Mortgage Loans

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range77001-77002
FR Document2016-26683

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning renewal of its information collection titled, ``Appraisals for Higher-Priced Mortgage Loans.''

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Notices]
[Pages 77001-77002]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26683]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Comment Request; Appraisals for Higher-Priced Mortgage Loans

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to take this opportunity to comment on a continuing 
information collection as required by the Paperwork Reduction Act of 
1995 (PRA).
    In accordance with the requirements of the PRA, the OCC may not 
conduct or sponsor, and the respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number.
    The OCC is soliciting comment concerning renewal of its information 
collection titled, ``Appraisals for Higher-Priced Mortgage Loans.''

DATES: Comments must be submitted on or before January 3, 2017.

ADDRESSES:  Because paper mail in the Washington, DC area and at the 
OCC is subject to delay, commenters are encouraged to submit comments 
by email, if possible. Comments may be sent to: Legislative and 
Regulatory Activities Division, Office of the Comptroller of the 
Currency, Attention: 1557-0313, 400 7th Street SW., Suite 3E-218, mail 
stop 9W-11, Washington, DC 20219. In addition, comments may be sent by 
fax to (571) 465-4326 or by electronic mail to [email protected]. 
You may personally inspect and photocopy comments at the OCC, 400 7th 
Street SW., Washington, DC 20219. For security reasons, the OCC 
requires that visitors make an appointment to inspect comments. You may 
do so by calling (202) 649-6700 or, for persons who are deaf or hard of 
hearing, TTY, (202) 649-5597. Upon arrival, visitors will be required 
to present valid government-issued photo identification and submit to 
security screening in order to inspect and photocopy comments.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not include any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490 or, for persons who are deaf or hard of 
hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th Street 
SW., Suite 3E-218, mail stop 9W-11, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from the OMB for each collection of 
information that they conduct or sponsor. ``Collection of information'' 
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party. Section 
3506(c)(2)(A) of title 44 requires Federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the OCC is publishing notice 
of the proposed collection of information set forth in this document.
    This information collection relates to section 1471 of the Dodd-
Frank Act, which added a new section 129H to the Truth in Lending Act 
(TILA) establishing special appraisal requirements for ``higher-risk 
mortgages.'' For certain mortgages with an annual percentage rate that 
exceeds the average prime offer rate by a specified percentage, 
creditors must obtain an appraisal or appraisals meeting certain 
specified standards, provide applicants with a notification regarding 
the use of the appraisals, and give applicants a copy of the written 
appraisals used. The statute permits the OCC to issue a rule to include 
exemptions from these requirements.
    The information collection requirements are found in 12 CFR 
34.203(c)(1), (c)(2), (d), (e) and (f). This information is required to 
protect consumers and promote the safety and soundness of creditors 
making higher-priced mortgage loans (HPMLs) subject to 12 CFR part 34, 
subpart G. This information is used by creditors to evaluate real 
estate collateral securing HPMLs subject to 12 CFR 1026.35(c) and by 
consumers entering these transactions. The collections of information 
are mandatory for creditors making HPMLs subject to 12 CFR part 34, 
subpart G.
    Under 12 CFR 34.203(e) and (f), a creditor must, no later than the 
third business day after the creditor receives a consumer's application 
for an HPML, provide a disclosure to the consumer that informs the 
consumer of the purpose of the appraisal, that the creditor will 
provide the consumer with a copy of any appraisal, and that the 
consumer may choose to have a separate appraisal conducted at the 
expense of the consumer (Initial Appraisal Disclosure). If a loan is an 
HPML subject to 12 CFR 1026.35(c), then the creditor is required to 
obtain a written appraisal prepared by a certified or licensed 
appraiser who conducts a physical visit of the interior of the property 
that will secure the transaction (Written Appraisal) and provide a copy 
of the Written Appraisal to the consumer. Under 12 CFR 34.203(d)((1), a 
creditor is required to obtain an additional appraisal (Additional 
Written Appraisal) for an HPML that is subject to 12 CFR part 34, 
subpart G if: (1) The seller acquired the property securing the loan 90 
or fewer days prior to the date of the consumer's agreement to acquire 
the property and the resale price exceeds the seller's acquisition 
price by more than 10 percent; or (2) the seller acquired the property 
securing the loan 91 to 180 days prior to the date of the consumer's 
agreement to acquire the property and the resale price exceeds the 
seller's acquisition price by more than 20 percent.
    Under 12 CFR 34.203(d)(3) and (4), the Additional Written Appraisal 
must meet the requirements described in 12 CFR 34.203(c)(1) and also 
include an analysis of: (1) The difference between the price at which 
the seller acquired the property and the price the consumer agreed to 
pay; (2) changes in market conditions between the date the seller 
acquired the property and the date the consumer agreed to acquire the 
property; and (3) any improvements

[[Page 77002]]

made to the property between the date the seller acquired the property 
and the date on which the consumer agreed to acquire the property. 
Under 12 CFR 34.203(f), a creditor is required to provide a copy of any 
Additional Written Appraisal to the consumer.
    Affected Public: Businesses or other for-profit.
    Burden Estimates:
    Estimated Number of Respondents: 1,399.
    Estimated Total Annual Burden: 19,946 hours.
    Frequency of Response: On occasion.
    Comments: Comments submitted in response to this notice will be 
summarized and included in the request for OMB approval. All comments 
will become a matter of public record. Comments are invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the information 
collection burden;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: October 31, 2016.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2016-26683 Filed 11-3-16; 8:45 am]
 BILLING CODE 4810-33-P



                                                                                 Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices                                             77001

                                                    approximately two times per year or as                  You may personally inspect and                        appraisals used. The statute permits the
                                                    necessary. Subcommittees may be                         photocopy comments at the OCC, 400                    OCC to issue a rule to include
                                                    formed to address specific                              7th Street SW., Washington, DC 20219.                 exemptions from these requirements.
                                                    transportation equity issues.                           For security reasons, the OCC requires                   The information collection
                                                       The Committee will make                              that visitors make an appointment to                  requirements are found in 12 CFR
                                                    recommendations that provide timely,                    inspect comments. You may do so by                    34.203(c)(1), (c)(2), (d), (e) and (f). This
                                                    comprehensive, inclusive advice to the                  calling (202) 649–6700 or, for persons                information is required to protect
                                                    Secretary on transportation opportunity                 who are deaf or hard of hearing, TTY,                 consumers and promote the safety and
                                                    public policy issues that advance the                   (202) 649–5597. Upon arrival, visitors                soundness of creditors making higher-
                                                    principles of providing opportunity and                 will be required to present valid                     priced mortgage loans (HPMLs) subject
                                                    access to everyone.                                     government-issued photo identification                to 12 CFR part 34, subpart G. This
                                                                                                            and submit to security screening in                   information is used by creditors to
                                                      Issued in Washington, DC, on October 27,
                                                    2016.                                                   order to inspect and photocopy                        evaluate real estate collateral securing
                                                                                                            comments.                                             HPMLs subject to 12 CFR 1026.35(c)
                                                    Blair C. Anderson,
                                                                                                               All comments received, including                   and by consumers entering these
                                                    Under Secretary of Transportation for Policy.                                                                 transactions. The collections of
                                                                                                            attachments and other supporting
                                                    [FR Doc. 2016–26674 Filed 11–3–16; 8:45 am]                                                                   information are mandatory for creditors
                                                                                                            materials, are part of the public record
                                                    BILLING CODE 4910–9X–P
                                                                                                            and subject to public disclosure. Do not              making HPMLs subject to 12 CFR part
                                                                                                            include any information in your                       34, subpart G.
                                                                                                            comment or supporting materials that                     Under 12 CFR 34.203(e) and (f), a
                                                    DEPARTMENT OF THE TREASURY                              you consider confidential or                          creditor must, no later than the third
                                                                                                            inappropriate for public disclosure.                  business day after the creditor receives
                                                    Office of the Comptroller of the                                                                              a consumer’s application for an HPML,
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    Currency                                                                                                      provide a disclosure to the consumer
                                                                                                            Shaquita Merritt, OCC Clearance
                                                                                                                                                                  that informs the consumer of the
                                                    Agency Information Collection                           Officer, (202) 649–5490 or, for persons
                                                                                                                                                                  purpose of the appraisal, that the
                                                    Activities: Information Collection                      who are deaf or hard of hearing, TTY,
                                                                                                                                                                  creditor will provide the consumer with
                                                    Renewal; Comment Request;                               (202) 649–5597, Legislative and
                                                                                                                                                                  a copy of any appraisal, and that the
                                                    Appraisals for Higher-Priced Mortgage                   Regulatory Activities Division, Office of
                                                                                                                                                                  consumer may choose to have a separate
                                                    Loans                                                   the Comptroller of the Currency, 400 7th
                                                                                                                                                                  appraisal conducted at the expense of
                                                                                                            Street SW., Suite 3E–218, mail stop 9W–
                                                    AGENCY: Office of the Comptroller of the                                                                      the consumer (Initial Appraisal
                                                                                                            11, Washington, DC 20219.                             Disclosure). If a loan is an HPML subject
                                                    Currency (OCC), Treasury.                               SUPPLEMENTARY INFORMATION: Under the                  to 12 CFR 1026.35(c), then the creditor
                                                    ACTION: Notice and request for comment.                 PRA (44 U.S.C. 3501–3520), Federal                    is required to obtain a written appraisal
                                                                                                            agencies must obtain approval from the                prepared by a certified or licensed
                                                    SUMMARY:   The OCC, as part of its                      OMB for each collection of information
                                                    continuing effort to reduce paperwork                                                                         appraiser who conducts a physical visit
                                                                                                            that they conduct or sponsor.                         of the interior of the property that will
                                                    and respondent burden, invites the                      ‘‘Collection of information’’ is defined
                                                    general public and other Federal                                                                              secure the transaction (Written
                                                                                                            in 44 U.S.C. 3502(3) and 5 CFR                        Appraisal) and provide a copy of the
                                                    agencies to take this opportunity to                    1320.3(c) to include agency requests or
                                                    comment on a continuing information                                                                           Written Appraisal to the consumer.
                                                                                                            requirements that members of the public               Under 12 CFR 34.203(d)((1), a creditor
                                                    collection as required by the Paperwork                 submit reports, keep records, or provide
                                                    Reduction Act of 1995 (PRA).                                                                                  is required to obtain an additional
                                                                                                            information to a third party. Section                 appraisal (Additional Written
                                                      In accordance with the requirements                   3506(c)(2)(A) of title 44 requires Federal
                                                    of the PRA, the OCC may not conduct                                                                           Appraisal) for an HPML that is subject
                                                                                                            agencies to provide a 60-day notice in                to 12 CFR part 34, subpart G if: (1) The
                                                    or sponsor, and the respondent is not                   the Federal Register concerning each
                                                    required to respond to, an information                                                                        seller acquired the property securing the
                                                                                                            proposed collection of information,                   loan 90 or fewer days prior to the date
                                                    collection unless it displays a currently               including each proposed extension of an
                                                    valid Office of Management and Budget                                                                         of the consumer’s agreement to acquire
                                                                                                            existing collection of information,                   the property and the resale price
                                                    (OMB) control number.                                   before submitting the collection to OMB
                                                      The OCC is soliciting comment                                                                               exceeds the seller’s acquisition price by
                                                                                                            for approval. To comply with this                     more than 10 percent; or (2) the seller
                                                    concerning renewal of its information                   requirement, the OCC is publishing                    acquired the property securing the loan
                                                    collection titled, ‘‘Appraisals for Higher-             notice of the proposed collection of                  91 to 180 days prior to the date of the
                                                    Priced Mortgage Loans.’’                                information set forth in this document.               consumer’s agreement to acquire the
                                                    DATES: Comments must be submitted on                       This information collection relates to             property and the resale price exceeds
                                                    or before January 3, 2017.                              section 1471 of the Dodd-Frank Act,                   the seller’s acquisition price by more
                                                    ADDRESSES: Because paper mail in the                    which added a new section 129H to the                 than 20 percent.
                                                    Washington, DC area and at the OCC is                   Truth in Lending Act (TILA)                              Under 12 CFR 34.203(d)(3) and (4),
                                                    subject to delay, commenters are                        establishing special appraisal                        the Additional Written Appraisal must
                                                    encouraged to submit comments by                        requirements for ‘‘higher-risk                        meet the requirements described in 12
                                                    email, if possible. Comments may be                     mortgages.’’ For certain mortgages with               CFR 34.203(c)(1) and also include an
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                                                    sent to: Legislative and Regulatory                     an annual percentage rate that exceeds                analysis of: (1) The difference between
                                                    Activities Division, Office of the                      the average prime offer rate by a                     the price at which the seller acquired
                                                    Comptroller of the Currency, Attention:                 specified percentage, creditors must                  the property and the price the consumer
                                                    1557–0313, 400 7th Street SW., Suite                    obtain an appraisal or appraisals                     agreed to pay; (2) changes in market
                                                    3E–218, mail stop 9W–11, Washington,                    meeting certain specified standards,                  conditions between the date the seller
                                                    DC 20219. In addition, comments may                     provide applicants with a notification                acquired the property and the date the
                                                    be sent by fax to (571) 465–4326 or by                  regarding the use of the appraisals, and              consumer agreed to acquire the
                                                    electronic mail to prainfo@occ.treas.gov.               give applicants a copy of the written                 property; and (3) any improvements


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                                                    77002                        Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Notices

                                                    made to the property between the date                   techniques or other forms of information              DATES: OFAC’s action described in this
                                                    the seller acquired the property and the                technology; and                                       notice was effective on November 1,
                                                    date on which the consumer agreed to                      (e) Estimates of capital or start-up                2016.
                                                    acquire the property. Under 12 CFR                      costs and costs of operation,
                                                    34.203(f), a creditor is required to                    maintenance, and purchase of services                 FOR FURTHER INFORMATION CONTACT:
                                                    provide a copy of any Additional                        to provide information.                               Associate Director for Global Targeting,
                                                    Written Appraisal to the consumer.                        Dated: October 31, 2016.                            tel.: 202/622–2420, Assistant Director
                                                      Affected Public: Businesses or other                  Karen Solomon,                                        for Sanctions Compliance & Evaluation,
                                                    for-profit.                                                                                                   tel.: 202/622–2490, Assistant Director
                                                                                                            Deputy Chief Counsel, Office of the
                                                      Burden Estimates:                                                                                           for Licensing, tel.: 202/622–2480, Office
                                                                                                            Comptroller of the Currency.
                                                      Estimated Number of Respondents:                                                                            of Foreign Assets Control, or Chief
                                                    1,399.                                                  [FR Doc. 2016–26683 Filed 11–3–16; 8:45 am]
                                                                                                                                                                  Counsel (Foreign Assets Control), tel.:
                                                      Estimated Total Annual Burden:                        BILLING CODE 4810–33–P
                                                                                                                                                                  202/622–2410, Office of the General
                                                    19,946 hours.
                                                                                                                                                                  Counsel, Department of the Treasury
                                                      Frequency of Response: On occasion.
                                                      Comments: Comments submitted in                       DEPARTMENT OF THE TREASURY                            (not toll free numbers).
                                                    response to this notice will be                                                                               SUPPLEMENTARY INFORMATION:
                                                    summarized and included in the request                  Office of Foreign Assets Control
                                                    for OMB approval. All comments will                                                                           Electronic Availability
                                                                                                            Sanctions Action Pursuant to
                                                    become a matter of public record.                       Executive Order 13224                                   The SDN List and additional
                                                    Comments are invited on:
                                                      (a) Whether the collection of                         AGENCY:  Office of Foreign Assets                     information concerning OFAC sanctions
                                                    information is necessary for the proper                 Control, Treasury.                                    programs are available from OFAC’s
                                                    performance of the functions of the                     ACTION: Notice.
                                                                                                                                                                  Web site (www.treas.gov/ofac).
                                                    OCC, including whether the information                                                                        Notice of OFAC Action
                                                    has practical utility;                                  SUMMARY:   The Treasury Department’s
                                                      (b) The accuracy of the OCC’s                         Office of Foreign Assets Control (OFAC)                 On November 1, 2016, OFAC blocked
                                                    estimate of the information collection                  is publishing the names of 2 individuals              the property and interests in property of
                                                    burden;                                                 and 1 entity whose property and                       the following 2 individuals and 1 entity
                                                      (c) Ways to enhance the quality,                      interests in property are blocked                     pursuant to E.O. 13224, ‘‘Blocking
                                                    utility, and clarity of the information to              pursuant to Executive Order 13224 of                  Property and Prohibiting Transactions
                                                    be collected;                                           September 23, 2001, ‘‘Blocking Property               With Persons Who Commit, Threaten To
                                                      (d) Ways to minimize the burden of                    and Prohibiting Transactions With                     Commit, or Support Terrorism’’:
                                                    the collection on respondents, including                Persons Who Commit, Threaten To
                                                    through the use of automated collection                 Commit, or Support Terrorism.’’                       Individuals
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Document Created: 2018-02-14 08:26:17
Document Modified: 2018-02-14 08:26:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comment.
DatesComments must be submitted on or before January 3, 2017.
ContactShaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Suite 3E-218, mail stop 9W-11, Washington, DC 20219.
FR Citation81 FR 77001 

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