82_FR_26023 82 FR 25917 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Fair Housing Home Loan Data System Regulation

82 FR 25917 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Fair Housing Home Loan Data System Regulation

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range25917-25918
FR Document2017-11545

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 ``Fair Housing Home Loan Data System Regulation.''

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017) 
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25917-25918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11545]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Comment Request; Fair Housing Home Loan Data System Regulation

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 the renewal of its 
information collection titled ``Fair Housing Home Loan Data System 
Regulation.''

DATES: Comments must be received 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: 1557-0159, 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 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.
    The OCC is proposing to extend OMB approval of the following 
information collection:
    Title: Fair Housing Home Loan Data System Regulation.
    OMB Control No.: 1557-0159.
    Description: The Fair Housing Act (42 U.S.C. 3605) prohibits 
discrimination in the financing of housing on the basis of race, color, 
religion, sex, or national origin. The Equal Credit Opportunity Act 
(ECOA) (15 U.S.C. 1691 et seq.) prohibits discrimination in any aspect 
of a credit transaction on the basis of race, color, religion, national 
origin, sex, marital status, age, receipt of income from public 
assistance, or exercise of any right under the Consumer Credit 
Protection Act (CCPA) (15 U.S.C. 1601 et seq.). The OCC is responsible 
for ensuring that national banks and federal savings associations 
comply with those laws. This information collection is needed to 
promote compliance and for the OCC to fulfill its statutory 
responsibilities.
    The OCC uses the data to determine whether an institution treated 
applicants consistently and made credit decisions commensurate with the 
applicants' qualifications and in compliance with ECOA and CCPA.
    The information collection requirements are as follows:
     12 CFR 27.3(a) requires national banks that are required 
to collect data on home loans under 12 CFR part 203 \1\ to present the 
data on Form FR HMDA-LAR,\2\ or in automated format in accordance with 
the HMDA-LAR instructions, and to include one additional item (the 
reason for denial) on the HMDA-LAR. Section 27.3(a) also lists 
exceptions to the HMDA-LAR recordkeeping requirements. Federal savings 
associations report this information to the OCC pursuant to 12

[[Page 25918]]

CFR 128.6 and the CFPB's Regulation C, 12 CFR part 1003.
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    \1\ This regulation has been transferred to the Consumer 
Financial Protection Bureau (CFPB) (12 CFR part 1003).
    \2\ Loan Application Register, http://www.ffiec.gov/hmda/pdf/hmdalar2011.pdf.
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     12 CFR 27.3(b) lists the information national banks shall 
attempt to obtain from an applicant as part of a home loan application 
and sets forth the information that banks must disclose to an 
applicant.
     12 CFR 27.3(c) sets forth additional information national 
banks must maintain in the loan file.
     12 CFR 27.4 states that the OCC may require a national 
bank to maintain a Fair Housing Inquiry/Application Log found in 
Appendix III to part 27 if there is reason to believe that the bank is 
engaging in discriminatory practices or if analysis of the data 
compiled by the bank under the Home Mortgage Disclosure Act (12 U.S.C. 
2801 et seq.) and 12 CFR part 203 indicates a pattern of significant 
variation in the number of home loans between census tracts with 
similar incomes and home ownership levels differentiated only by race 
or national origin. Section 27.4(a)(2) also requires a log if 
complaints filed with the Comptroller or letters in the Community 
Reinvestment Act file are found to be substantive in nature, indicating 
that the bank's home lending practices are, or may be, discriminatory.
     12 CFR 27.5 requires a national bank to maintain the 
information required by Sec.  27.3 for 25 months after the bank 
notifies the applicant of action taken on an application or after 
withdrawal of an application.
     12 CFR 27.7 requires a national bank to submit the 
information required by Sec. Sec.  27.3(a) and 27.4 to the OCC upon its 
request prior to a scheduled examination using the Monthly Home Loan 
Activity Format form in Appendix I to part 27 and the Home Loan Data 
Form in Appendix IV to part 27. Section 27.7(c)(3) states that a bank 
with fewer than 75 home loan applications in the preceding year will 
not be required to submit such forms unless the home loan activity is 
concentrated in the few months preceding the request for data, 
indicating the likelihood of increased activity over the subsequent 
year or there is cause to believe that a bank is not in compliance with 
the fair housing laws based on prior examinations and/or complaints, 
among other factors.
     Sec.  27.7(d) provides that if there is cause to believe 
that a bank is in noncompliance with fair housing laws, the Comptroller 
may require submission of additional Home Loan Data Submission Forms. 
The Comptroller may also require submission of the information 
maintained under Sec.  27.3(a) and Home Loan Data Submission Forms at 
more frequent intervals.
    OCC-regulated institutions now have access to a CFPB-developed web-
based data submission and edit-check system (the HMDA Platform) that 
may be used to process HMDA data. Some institutions, typically those 
with small volumes of reported loans or those who do not use a vendor 
or other software to prepare their HMDA data for submission, will still 
need a software solution for integrating HMDA data from paper records 
or electronic systems. Therefore, the CFPB created a prototype ``LAR 
Formatting Tool'' which will allow financial institutions with small 
volumes of reported loans, or those who do not use a vendor or other 
software to prepare their HMDA data for submission, to enter HMDA data 
and to create a pipe delimited text file to upload to the HMDA 
Platform. The institution can then proceed through the interactive Web 
pages of the HMDA Platform to process HMDA data.
    Type of Review: Regular.
    Affected Public: Businesses or other for-profit.
    Frequency of Response: On occasion.
    Estimated Number of Respondents: 1,927.
    Estimated Total Annual Burden: 31,704 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 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. 2017-11545 Filed 6-2-17; 8:45 am]
 BILLING CODE 4810-33-P

Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices 25917 supplementary leverage ratios on the general public and other federal 1320.3(c) to include agency requests or applicable regulatory reports. These agencies to take this opportunity to requirements that members of the public disclosures enhance the transparency comment on a continuing information submit reports, keep records, or provide and consistency of reporting collection as required by the Paperwork information to a third party. Section requirements for the supplementary Reduction Act of 1995 (PRA). 3506(c)(2)(A) of title 44 requires federal leverage ratio by all internationally In accordance with the requirements agencies to provide a 60-day notice in active organizations. of the PRA, the OCC may not conduct the Federal Register concerning each Type of Review: Regular review. or sponsor, and the respondent is not proposed collection of information, Affected Public: National banks and required to respond to, an information including each renewal of an existing federal savings associations that are collection unless it displays a currently collection of information, before subject to the OCC’s advanced valid Office of Management and Budget submitting the collection to OMB for approaches risk-based capital rules. (OMB) control number. approval. To comply with this Frequency of Response: Quarterly. The OCC is soliciting comment requirement, the OCC is publishing Estimated Number of Respondents: concerning the renewal of its notice of the renewal of the collection 15. information collection titled ‘‘Fair of information set forth in this Total estimated Annual Burden: 300 Housing Home Loan Data System document. hours. Regulation.’’ The OCC is proposing to extend OMB Comments submitted in response to DATES: Comments must be received on approval of the following information this notice will be summarized and or before August 4, 2017. collection: included in the request for OMB ADDRESSES: Because paper mail in the Title: Fair Housing Home Loan Data approval. All comments will become a Washington, DC area and at the OCC is System Regulation. matter of public record. Comments are subject to delay, commenters are OMB Control No.: 1557–0159. invited on: encouraged to submit comments by Description: The Fair Housing Act (42 (a) Whether the collection of email, if possible. Comments may be U.S.C. 3605) prohibits discrimination in information is necessary for the proper sent to: Legislative and Regulatory the financing of housing on the basis of performance of the functions of the Activities Division, Office of the race, color, religion, sex, or national OCC, including whether the information Comptroller of the Currency, Attention: origin. The Equal Credit Opportunity has practical utility; 1557–0159, 400 7th Street SW., Suite Act (ECOA) (15 U.S.C. 1691 et seq.) (b) The accuracy of the OCC’s 3E–218, Washington, DC 20219. In prohibits discrimination in any aspect estimate of the information collection addition, comments may be sent by fax of a credit transaction on the basis of burden; to (571) 465–4326 or by electronic mail race, color, religion, national origin, sex, (c) Ways to enhance the quality, to prainfo@occ.treas.gov. You may marital status, age, receipt of income utility, and clarity of the information to personally inspect and photocopy from public assistance, or exercise of be collected; comments at the OCC, 400 7th Street any right under the Consumer Credit (d) Ways to minimize the burden of SW., Washington, DC 20219. For Protection Act (CCPA) (15 U.S.C. 1601 the collection on respondents, including security reasons, the OCC requires that et seq.). The OCC is responsible for through the use of automated collection visitors make an appointment to inspect ensuring that national banks and federal techniques or other forms of information comments. You may do so by calling savings associations comply with those technology; and (202) 649–6700 or, for persons who are laws. This information collection is (e) Estimates of capital or start-up deaf or hard of hearing, TTY, (202) 649– needed to promote compliance and for costs and costs of operation, 5597. Upon arrival, visitors will be the OCC to fulfill its statutory maintenance, and purchase of services required to present valid government- responsibilities. to provide information. issued photo identification and submit The OCC uses the data to determine Dated: May 30, 2017. to security screening in order to inspect whether an institution treated Karen Solomon, and photocopy comments. applicants consistently and made credit Deputy Chief Counsel, Office of the All comments received, including decisions commensurate with the Comptroller of the Currency. attachments and other supporting applicants’ qualifications and in [FR Doc. 2017–11546 Filed 6–2–17; 8:45 am] materials, are part of the public record compliance with ECOA and CCPA. BILLING CODE 4810–33–P and subject to public disclosure. Do not The information collection include any information in your requirements are as follows: comment or supporting materials that • 12 CFR 27.3(a) requires national DEPARTMENT OF THE TREASURY you consider confidential or banks that are required to collect data inappropriate for public disclosure. on home loans under 12 CFR part 203 1 Office of the Comptroller of the FOR FURTHER INFORMATION CONTACT: to present the data on Form FR HMDA– Currency Shaquita Merritt, OCC Clearance LAR,2 or in automated format in Officer, (202) 649–5490 or, for persons accordance with the HMDA–LAR Agency Information Collection who are deaf or hard of hearing, TTY, instructions, and to include one Activities: Information Collection (202) 649–5597, Legislative and additional item (the reason for denial) Renewal; Comment Request; Fair Regulatory Activities Division, Office of on the HMDA–LAR. Section 27.3(a) also Housing Home Loan Data System the Comptroller of the Currency, 400 7th lists exceptions to the HMDA–LAR asabaliauskas on DSKBBXCHB2PROD with NOTICES Regulation Street SW., Washington, DC 20219. recordkeeping requirements. Federal AGENCY: Office of the Comptroller of the SUPPLEMENTARY INFORMATION: Under the savings associations report this Currency (OCC), Treasury. PRA (44 U.S.C. 3501–3520), federal information to the OCC pursuant to 12 ACTION: Notice and request for comment. agencies must obtain approval from 1 This regulation has been transferred to the OMB for each collection of information Consumer Financial Protection Bureau (CFPB) (12 SUMMARY: The OCC, as part of its that they conduct or sponsor. CFR part 1003). continuing effort to reduce paperwork ‘‘Collection of information’’ is defined 2 Loan Application Register, http://www.ffiec.gov/ and respondent burden, invites the in 44 U.S.C. 3502(3) and 5 CFR hmda/pdf/hmdalar2011.pdf. VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 E:\FR\FM\05JNN1.SGM 05JNN1

25918 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices CFR 128.6 and the CFPB’s Regulation C, Form in Appendix IV to part 27. Section institution can then proceed through the 12 CFR part 1003. 27.7(c)(3) states that a bank with fewer interactive Web pages of the HMDA • 12 CFR 27.3(b) lists the information than 75 home loan applications in the Platform to process HMDA data. national banks shall attempt to obtain preceding year will not be required to Type of Review: Regular. from an applicant as part of a home loan submit such forms unless the home loan Affected Public: Businesses or other application and sets forth the activity is concentrated in the few for-profit. information that banks must disclose to months preceding the request for data, Frequency of Response: On occasion. an applicant. indicating the likelihood of increased Estimated Number of Respondents: • 12 CFR 27.3(c) sets forth additional activity over the subsequent year or 1,927. information national banks must there is cause to believe that a bank is Estimated Total Annual Burden: maintain in the loan file. not in compliance with the fair housing • 12 CFR 27.4 states that the OCC 31,704 hours. laws based on prior examinations and/ Comments submitted in response to may require a national bank to maintain or complaints, among other factors. a Fair Housing Inquiry/Application Log this notice will be summarized and • § 27.7(d) provides that if there is included in the request for OMB found in Appendix III to part 27 if there cause to believe that a bank is in approval. All comments will become a is reason to believe that the bank is noncompliance with fair housing laws, matter of public record. Comments are engaging in discriminatory practices or the Comptroller may require submission invited on: if analysis of the data compiled by the of additional Home Loan Data (a) Whether the collection of bank under the Home Mortgage Submission Forms. The Comptroller information is necessary for the proper Disclosure Act (12 U.S.C. 2801 et seq.) may also require submission of the performance of the functions of the and 12 CFR part 203 indicates a pattern information maintained under § 27.3(a) OCC, including whether the information of significant variation in the number of and Home Loan Data Submission Forms has practical utility; home loans between census tracts with similar incomes and home ownership at more frequent intervals. (b) The accuracy of the OCC’s levels differentiated only by race or OCC-regulated institutions now have estimate of the burden of the national origin. Section 27.4(a)(2) also access to a CFPB-developed web-based information collection; requires a log if complaints filed with data submission and edit-check system (c) Ways to enhance the quality, the Comptroller or letters in the (the HMDA Platform) that may be used utility, and clarity of the information to Community Reinvestment Act file are to process HMDA data. Some be collected; found to be substantive in nature, institutions, typically those with small (d) Ways to minimize the burden of indicating that the bank’s home lending volumes of reported loans or those who the collection on respondents, including practices are, or may be, discriminatory. do not use a vendor or other software to through the use of automated collection • 12 CFR 27.5 requires a national prepare their HMDA data for techniques or other forms of information bank to maintain the information submission, will still need a software technology; and required by § 27.3 for 25 months after solution for integrating HMDA data (e) Estimates of capital or start-up the bank notifies the applicant of action from paper records or electronic costs and costs of operation, taken on an application or after systems. Therefore, the CFPB created a maintenance, and purchase of services withdrawal of an application. prototype ‘‘LAR Formatting Tool’’ to provide information. • 12 CFR 27.7 requires a national which will allow financial institutions bank to submit the information required with small volumes of reported loans, or Dated: May 30, 2017. by §§ 27.3(a) and 27.4 to the OCC upon those who do not use a vendor or other Karen Solomon, its request prior to a scheduled software to prepare their HMDA data for Deputy Chief Counsel, Office of the examination using the Monthly Home submission, to enter HMDA data and to Comptroller of the Currency. Loan Activity Format form in Appendix create a pipe delimited text file to [FR Doc. 2017–11545 Filed 6–2–17; 8:45 am] I to part 27 and the Home Loan Data upload to the HMDA Platform. The BILLING CODE 4810–33–P asabaliauskas on DSKBBXCHB2PROD with NOTICES VerDate Sep<11>2014 17:31 Jun 02, 2017 Jkt 241001 PO 00000 Frm 00164 Fmt 4703 Sfmt 9990 E:\FR\FM\05JNN1.SGM 05JNN1


Document Created: 2018-11-14 10:00:50
Document Modified: 2018-11-14 10:00:50
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 received on or before August 4, 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., Washington, DC 20219.
FR Citation82 FR 25917 
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