82 FR 25911 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Community Reinvestment Act Regulations
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency Federal Register Volume 82, Issue 106 (June 5, 2017)
Office of the Comptroller of the Currency
Federal Register Volume 82, Issue 106 (June 5, 2017)
| Page Range | 25911-25913 | |
| FR Document | 2017-11550 |
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)] [Notices] [Pages 25911-25913] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11550] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Information Collection Renewal; Comment Request; Community Reinvestment Act Regulations AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. ----------------------------------------------------------------------- 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 the renewal of its information collection titled ``Community Reinvestment Act Regulations.'' DATES: Comments must be submitted on or before August 4, 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: 1557-0160, 400 7th Street SW., Suite 3E-218, 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., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from 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 renewal 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 renewal of the collection of information set forth in this document. Title: Community Reinvestment Act Regulations. OMB Control No.: 1557-0160. Description: The Community Reinvestment Act (CRA) requires the federal banking agencies \1\ (Agencies) to assess the record of regulated financial institutions (institutions) in helping to meet the credit needs of their entire communities, including low- and [[Page 25912]] moderate-income neighborhoods, consistent with safe and sound operations. The CRA further requires the Agencies to take this record into account in evaluating applications for mergers, branches, and certain other corporate activities.\2\ The CRA statute requires the Agencies to issue regulations to carry out its purposes.\3\ --------------------------------------------------------------------------- \1\ OCC, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation. \2\ 12 U.S.C. 2903. \3\ 12 U.S.C. 2905. --------------------------------------------------------------------------- Each agency must provide written CRA performance evaluations (CRA PE) of the institutions they supervise. The CRA PEs are disclosed to the public. The public portion of each written CRA PE must present the agency's conclusions with respect to the CRA performance standards identified in its regulations; including the facts and data supporting those conclusions; and contain the institution's CRA rating and the basis for that rating. The reporting, recordkeeping, and disclosure requirements in the CRA regulations are necessary, as they provide the Agencies with the information they need to examine, assess, and assign ratings reflecting institutions' CRA performance and to prepare the public section of the CRA PE. The OCC's CRA regulation, 12 CFR 25, applies to national banks, including federal branches, as those are defined in 12 CFR 28, with federally insured deposits, except as provided in 12 CFR 25.11, (collectively, banks). Similarly, the OCC's CRA regulation, 12 CFR 195, applies to savings associations, except as provided in 12 CFR 195.11. Twelve CFR 25.25(b) and 195.25(b) provide that requests for designation as a wholesale or limited purpose bank or savings association must be made in writing with the OCC at least three months prior to the proposed effective date of the designation. Twelve CFR 25.27 and 195.27 provide for optional submission of strategic plans to the OCC for approval. If the requirements of 12 CFR 25.27(a) or 195.27(a), respectively, are met, institutions' records of helping to meet the credit needs of their assessment areas will be assessed under their approved strategic plans. Twelve CFR 25.42(a) and 195.42(a) require that large banks and savings associations \4\ shall collect and maintain certain small business/small farm loan data in a machine-readable form and report it annually pursuant to 12 CFR 25.42(b)(1) and 195.42(b)(1). --------------------------------------------------------------------------- \4\ Large banks and large savings associations are banks and savings associations that are not small banks or small savings associations defined in 12 CFR 25.12(u) or 195.12(u), respectively. --------------------------------------------------------------------------- Twelve CFR 25.42(b)(2) and 195.42(b)(2) require that large banks and savings associations report annually in machine readable form the aggregate number and aggregate amount of community development loans originated or purchased. Twelve CFR 25.42(b)(3) and 195.42(b)(3) require that large banks and savings associations, if subject to reporting under 12 CFR 1003 (Home Mortgage Disclosure (Regulation C)), must report the location of each home mortgage loan application, origination, or purchase outside the metropolitan statistical area(s) in which the bank or savings association has a home/branch office, and the location of each home mortgage loan application, origination, or purchase outside any metropolitan statistical area, in accordance with the requirements of Regulation C. Twelve CFR 25.42(c)(1) and 195.42(c)(1) provide that all banks and savings associations may collect and maintain in machine readable form certain data for consumer loans originated or purchased by a bank or savings association for consideration under the lending test. Under 12 CFR 25.42(c)(2) and 195.42(c)(2), all banks and saving associations may include other information concerning their lending performance, including additional loan distribution data. Twelve CFR 25.42(d) and 195.42(d) provide that banks and savings associations that elect to have the OCC consider loans by an affiliate, for purposes of the lending or community development test or an approved strategic plan, shall collect, maintain, and report the data that the bank or savings association would have collected, maintained, and reported pursuant to 12 CFR 25.42(a)-(c) or 195.42(a)-(c), respectively, had the loans been originated or purchased by the bank or savings association. For home mortgage loans, the bank or savings association must also be prepared to identify the home mortgage loans reported under HMDA by the affiliate. Twelve 12 CFR 25.42(e) and 195.42(e) provide that banks and savings associations that elect to have the OCC consider community development loans by a consortium or a third party, for purposes of the lending or community development tests or an approved strategic plan, must report for those loans the data that the bank or savings association would have reported under 12 CFR 25.42(b)(2) or 195.42(b)(2), respectively, had the loans been originated or purchased by the bank or savings association. Twelve CFR 25.42(g) and 195.42(g) require that banks and savings associations, except those that were a small bank or small savings association \5\ during the prior calendar year, collect and report to the OCC a list for each assessment area showing the geographies within the area. --------------------------------------------------------------------------- \5\ See 12 CFR 25.12(u) and 195.12(u), respectively. --------------------------------------------------------------------------- Twelve CFR 25.43 and 195.43 generally require that all banks and savings associations maintain a public file that contains: All written comments and responses; a copy of the public section of the bank's or savings association's most recent CRA performance evaluation; a list of the bank's or savings association's branches; a list of the branches opened or closed; a list of services offered; and a map of each assessment area delineated by the bank or savings association under 12 CFR 25.41 or 195.41, respectively. Certain banks and savings associations must include: A copy of their approved strategic plan and a description of the current efforts to improve their performance in helping to meet the credit needs of its entire community. Certain large banks and savings associations must include in their public files (for prior two years): Consumer loan data; CRA Disclosure Statements; and Home Mortgage Disclosure Act (HMDA) Disclosure Statements. Small banks and savings associations must include their loan-to-deposit ratio for each quarter of the prior calendar year and, at their option, additional data on its loan-to-deposit ratio. Type of Review: Regular review. Affected Public: Businesses or other for-profit. Frequency of Response: On occasion. Estimated Number of Respondents: 1,234. Estimated Total Annual Burden: 113,351 hours. 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 burden of the information collection; (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 [[Page 25913]] 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: May 30, 2017. Karen Solomon, Deputy Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2017-11550 Filed 6-2-17; 8:45 am] BILLING CODE 4810-33-P
![Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices 25911
incorrect plant code information. Lastly, decision on this petition only applies to 3E–218, Washington, DC 20219. In
Cooper Tire receives some registration the subject tires that Cooper no longer addition, comments may be sent by fax
cards through Computerized controlled at the time it determined that to (571) 465–4326 or by electronic mail
Information and Management Services, the noncompliance existed. However, to prainfo@occ.treas.gov. You may
Inc. (‘‘CIMS’’), a third-party vendor that any decision on this petition does not personally inspect and photocopy
collects and provides tire registration relieve equipment distributors and comments at the OCC, 400 7th Street
cards to a number of manufacturers, dealers of the prohibitions on the sale, SW., Washington, DC 20219. For
including Cooper Tire. CIMS has been offer for sale, or introduction or delivery security reasons, the OCC requires that
made aware of the plant code error. for introduction into interstate visitors make an appointment to inspect
CIMS has informed Cooper Tire that commerce of the noncompliant tires comments. You may do so by calling
they will provide all registration cards under their control after Cooper notified (202) 649–6700 or, for persons who are
to Cooper Tire that have a Cooper Tire them that the subject noncompliance deaf or hard of hearing, TTY, (202) 649–
plant code listed. existed. 5597. Upon arrival, visitors will be
c) In the event Cooper Tire has to required to present valid government-
Authority: (49 U.S.C. 30118, 30120:
conduct a safety related recall in delegations of authority at 49 CFR 1.95 and issued photo identification and submit
connection with the 484 subject tires, 501.8) to security screening in order to inspect
Cooper Tire will include TINs UT Yl and photocopy comments.
FXJ 1017 to 1117 and UP Yl FXJ 1017 Jeffrey M. Giuseppe, All comments received, including
to 1117 in its recall universe, so that Director, Office of Vehicle Safety Compliance. attachments and other supporting
there will be no issues with regard to [FR Doc. 2017–11526 Filed 6–2–17; 8:45 am] materials, are part of the public record
identifying the recall population. BILLING CODE 4910–59–P and subject to public disclosure. Do not
Should Cooper Tire receive any affected include any information in your
tires in its service facilities for comment or supporting materials that
adjustments, the service technician will DEPARTMENT OF THE TREASURY you consider confidential or
record the proper TIN number to inappropriate for public disclosure.
accurately record the data. Office of the Comptroller of the FOR FURTHER INFORMATION CONTACT:
d) Cooper Tire has taken steps over Currency Shaquita Merritt, OCC Clearance
the last year to add additional checks in Officer, (202) 649–5490 or, for persons
its processes to prevent TIN errors. One Agency Information Collection who are deaf or hard of hearing, TTY,
of those checks includes implementing Activities: Information Collection (202) 649–5597, Legislative and
software that only allows for the plant Renewal; Comment Request; Regulatory Activities Division, Office of
to choose the plant code from a drop Community Reinvestment Act the Comptroller of the Currency, 400 7th
down menu that includes only its Regulations Street SW., Washington, DC 20219.
specific plant code. In this instance, SUPPLEMENTARY INFORMATION: Under the
however, the molds were transferred AGENCY: Office of the Comptroller of the
Currency (OCC), Treasury. PRA (44 U.S.C. 3501–3520), federal
from one Cooper Tire facility (Findlay) agencies must obtain approval from
to another (Texarkana). The Texarkana ACTION: Notice and request for comment.
OMB for each collection of information
employee responsible for preparing the SUMMARY: The OCC, as part of its that they conduct or sponsor.
mold for use in the Texarkana facility continuing effort to reduce paperwork ‘‘Collection of information’’ is defined
only modified the mold on one side and and respondent burden, invites the in 44 U.S.C. 3502(3) and 5 CFR
the error went undetected. The mold general public and other federal 1320.3(c) to include agency requests or
containing the error was in production agencies to take this opportunity to requirements that members of the public
from March 6th through March 15th and comment on a continuing information submit reports, keep records, or provide
when the error was detected on March collection as required by the Paperwork information to a third party. Section
30th, the plug error was corrected in the 3506(c)(2)(A) of title 44 requires federal
Reduction Act of 1995 (PRA).
mold to prevent future issues. In accordance with the requirements agencies to provide a 60-day notice in
Responsible Cooper Tire personnel will of the PRA, the OCC may not conduct the Federal Register concerning each
receive additional training on these or sponsor, and the respondent is not proposed collection of information,
processes. required to respond to, an information including each proposed renewal of an
Cooper concluded by expressing the existing collection of information,
collection unless it displays a currently
belief that the subject noncompliance is before submitting the collection to OMB
valid Office of Management and Budget
inconsequential as it relates to motor for approval. To comply with this
(OMB) control number.
vehicle safety, and that its petition to be requirement, the OCC is publishing
The OCC is soliciting comment
exempted from providing notification of notice of the renewal of the collection
concerning the renewal of its
the noncompliance, as required by 49 of information set forth in this
information collection titled
U.S.C. 30118, and a remedy for the document.
‘‘Community Reinvestment Act
noncompliance, as required by 49 Title: Community Reinvestment Act
Regulations.’’
U.S.C. 30120, should be granted. Regulations.
NHTSA notes that the statutory DATES: Comments must be submitted on
OMB Control No.: 1557–0160.
provisions (49 U.S.C. 30118(d) and or before August 4, 2017. Description: The Community
asabaliauskas on DSKBBXCHB2PROD with NOTICES
30120(h)) that permit manufacturers to ADDRESSES: Because paper mail in the Reinvestment Act (CRA) requires the
file petitions for a determination of Washington, DC area and at the OCC is federal banking agencies 1 (Agencies) to
inconsequentiality allow NHTSA to subject to delay, commenters are assess the record of regulated financial
exempt manufacturers only from the encouraged to submit comments by institutions (institutions) in helping to
duties found in sections 30118 and email, if possible. Comments may be meet the credit needs of their entire
30120, respectively, to notify owners, sent to: Legislative and Regulatory communities, including low- and
purchasers, and dealers of a defect or Activities Division, Office of the
noncompliance and to remedy the Comptroller of the Currency, Attention: 1 OCC, Board of Governors of the Federal Reserve
defect or noncompliance. Therefore, any 1557–0160, 400 7th Street SW., Suite System, and Federal Deposit Insurance Corporation.
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![Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices 25913
through the use of automated collection visitors make an appointment to inspect amount of an institution’s investment in
techniques or other forms of information comments. You may do so by calling its own capital or the capital of
technology; and (202) 649–6700 or, for persons who are unconsolidated financial institutions
(e) Estimates of capital or start-up deaf or hard of hearing, TTY, (202) 649– held through the index security with
costs and costs of operation, 5597. Upon arrival, visitors will be prior approval by the OCC.
maintenance, and purchase of services required to present valid government- Section 3.35(b)(3)(i)(A) requires, for a
to provide information. issued photo identification and submit cleared transaction with a qualified
Dated: May 30, 2017. to security screening in order to inspect central counterparty (QCCP), that a
Karen Solomon, and photocopy comments. client bank apply a risk weight of two
All comments received, including percent, provided that the collateral
Deputy Chief Counsel, Office of the
Comptroller of the Currency. attachments and other supporting posted by the bank to the QCCP is
materials, are part of the public record subject to certain arrangements and the
[FR Doc. 2017–11550 Filed 6–2–17; 8:45 am]
and subject to public disclosure. Do not client bank has conducted a sufficient
BILLING CODE 4810–33–P
include any information in your legal review (and maintains sufficient
comment or supporting materials that written documentation of the legal
you consider confidential or review) to conclude with a well-
DEPARTMENT OF THE TREASURY
inappropriate for public disclosure. founded basis that the arrangements, in
Office of the Comptroller of the Additionally, please send a copy of the event of a legal challenge, would be
Currency your comments by mail to: OCC Desk found to be legal, valid, binding, and
Officer, 1557–0318, U.S. Office of enforceable under the law of the
Agency Information Collection Management and Budget, 725 17th relevant jurisdictions.
Activities: Information Collection Street NW., #10235, Washington, DC Section 3.37(c)(4)(i)(E), regarding
Renewal; Submission for OMB Review; 20503 or by email to oira submission@ collateralized transactions, requires that
Capital Adequacy Standards omb.eop.gov. an institution have policies and
procedures in place describing how it
AGENCY: Office of the Comptroller of the FOR FURTHER INFORMATION CONTACT:
determines the period of significant
Currency (OCC), Treasury. Shaquita Merritt, OCC Clearance financial stress used to calculate its own
ACTION: Notice and request for comment. Officer, (202) 649–5490 or, for persons internal estimates for haircuts and be
who are deaf or hard of hearing, TTY, able to provide empirical support for the
SUMMARY: The OCC, as part of its (202) 649–5597, Legislative and period used.
continuing effort to reduce paperwork Regulatory Activities Division, Office of Section 3.41(b), which sets forth
and respondent burden, invites the the Comptroller of the Currency, 400 7th operational requirements for
general public and other federal Street SW., Washington, DC 20219. securitization exposures, allows an
agencies to take this opportunity to SUPPLEMENTARY INFORMATION: Under the institution to recognize for risk-based
comment on a continuing information PRA (44 U.S.C. 3501–3520), federal capital purposes, in the case of synthetic
collection as required by the Paperwork agencies must obtain approval from securitizations, a credit risk mitigant to
Reduction Act of 1995 (PRA). OMB for each collection of information hedge underlying exposures if certain
In accordance with the requirements that they conduct or sponsor. conditions are met. Section 3.41(b)(3)
of the PRA, the OCC may not conduct ‘‘Collection of information’’ is defined includes a requirement that the
or sponsor, and the respondent is not in 44 U.S.C. 3502(3) and 5 CFR institution obtain a well-reasoned
required to respond to, an information 1320.3(c) to include agency requests or opinion from legal counsel that
collection unless it displays a currently requirements that members of the public confirms the enforceability of the credit
valid Office of Management and Budget submit reports, keep records, or provide risk mitigant in all relevant
(OMB) control number. information to a third party. The OCC is jurisdictions.
The OCC is soliciting comment asking that OMB extend its approval of Section 3.41(c)(2)(i) requires that an
concerning the renewal of its the following collection: institution demonstrate its
information collection titled ‘‘Capital Title: Capital Adequacy Standards. comprehensive understanding of a
Adequacy Standards.’’ The OCC also is OMB Control No.: 1557–0318. securitization exposure by conducting
giving notice that it has submitted the Frequency of Response: On occasion. and documenting an analysis of the risk
collection to OMB for review. Affected Public: Business or other for- characteristics of each securitization
DATES: Comments must be submitted on profit. exposure prior to its acquisition, taking
or before July 5, 2017. into account a number of specified
ADDRESSES: Because paper mail in the
Section-by-Section-Analysis
considerations.
Washington, DC area and at the OCC is Twelve CFR part 3 sets forth the In the case where an institution
subject to delay, commenters are OCC’s minimum capital requirements provides non-contractual support to a
encouraged to submit comments by and overall capital adequacy standards securitization, § 3.42(e)(2) requires the
email, if possible. Comments may be for national banks and federal savings institution to publicly disclose that it
sent to: Legislative and Regulatory associations (institutions). has provided implicit support to a
Activities Division, Office of the Section 3.3(c) allows for the securitization and the risk-based capital
Comptroller of the Currency, Attention: recognition of netting across multiple impact to the bank of providing such
asabaliauskas on DSKBBXCHB2PROD with NOTICES
1557–0318, 400 7th Street SW., Suite types of transactions or agreements if an implicit support.
3E–218, Washington, DC 20219. In institution obtains a written legal Section 3.62 sets forth disclosure
addition, comments may be sent by fax opinion verifying the validity and requirements related to the capital
to (571) 465–4326 or by electronic mail enforceability of the agreement under requirements of an institution. These
to prainfo@occ.treas.gov. You may certain circumstances and maintains requirements apply to an institution
personally inspect and photocopy sufficient written documentation of this with total consolidated assets of $50
comments at the OCC, 400 7th Street legal review. billion or more that is not a
SW., Washington, DC 20219. For Section 3.22(h)(2)(iii)(A) permits the consolidated subsidiary of an entity that
security reasons, the OCC requires that use of a conservative estimate of the is itself subject to Basel III disclosures.
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Document Created: 2018-11-14 10:00:27
Document Modified: 2018-11-14 10:00:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comment. | |
| Dates | Comments must be submitted on or before August 4, 2017. | |
| 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., Washington, DC 20219. | |
| FR Citation | 82 FR 25911 |
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