82 FR 42011 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Community Reinvestment Act Regulations

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 82, Issue 170 (September 5, 2017)

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.'' The OCC also is giving notice that it has sent the collection to OMB for review.

[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Pages 42011-42013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18654]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Community Reinvestment Act 
Regulations

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 ``Community Reinvestment Act 
Regulations.'' The OCC also is giving notice that it has sent the 
collection to OMB for review.

DATES: Comments must be submitted on or before October 5, 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

[[Page 42012]]

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.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0160, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503 or by email to 
[email protected].

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.
    The OCC is requesting that OMB extend its approval of the following 
collection:
    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 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\
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    \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.
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    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.
    12 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.
    12 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.
    12 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).
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    \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.
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    12 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.
    12 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.
    12 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.
    12 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.
    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

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originated or purchased by the bank or savings association.
    12 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.
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    \5\ See 12 CFR 25.12(u) and 195.12(u), respectively.
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    12 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.
    The OCC issued a notice for 60 days of comment regarding this 
collection on June 5, 2017, 82 FR 25911. One comment was received from 
an institution.
    The commenter focused its comments on 12 CFR 25.43 and 195.43, 
which require that all banks and savings associations maintain a public 
file. The commenter believed that removing the requirements for a copy 
of the public section of the most recent CRA evaluation and CRA and 
Home Mortgage Disclosure Act (HMDA) Disclosure Statements would enhance 
the quality, utility, and clarity of the information to be collected 
and minimize the burden of the collection on respondents. The commenter 
stated that CRA Performance Evaluations are readily available through 
the Web sites of the respective regulators completing the evaluations 
and CRA and HMDA Disclosure Statements (often thousands of pages) are 
available to both regulators and consumers through the Federal 
Financial Institutions Examination Council's (FFIEC) Web site. The 
commenter supported the remaining Public File requirements.
    In response to these comments, the OCC notes that the Federal 
banking agencies have opined that a bank or savings association may 
keep all or a part of CRA public file information, including the public 
section of its CRA evaluation and CRA and HMDA Disclosure Statements, 
on an intranet or the Internet provided that all of the required 
information set forth in 12 CFR 25.43 is made available in either in 
paper or electronic form. See Community Reinvestment Act; Interagency 
Questions and Answers Regarding Community Reinvestment; Guidance Sec.  
___.43(c)--2 (81 FR 48555, July 25, 2016). By making CRA public file 
items available via an intranet or the Internet, a bank or savings 
association can decrease the volume of paper maintained in a public 
file, which should help increase the clarity of information that a bank 
or savings association elects to maintain in a paper-based public file 
and decrease information collection burden.
    Comments continue to be 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: August 28, 2017.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2017-18654 Filed 9-1-17; 8:45 am]
BILLING CODE 4810-33-P