82_FR_57255 82 FR 57025 - Agency Information Collection Activities: Information Collection Revisions; Submission for OMB Review; Regulation C; Fair Housing Home Loan Data System Regulation

82 FR 57025 - Agency Information Collection Activities: Information Collection Revisions; Submission for OMB Review; Regulation C; Fair Housing Home Loan Data System Regulation

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 82, Issue 230 (December 1, 2017)

Page Range57025-57027
FR Document2017-25914

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 continuing information collections as required by the Paperwork Reduction Act of 1995 (PRA). An agency 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 revision of its information collections titled ``Regulation C'' and ``Fair Housing Home Loan Data System Regulation.'' The OCC also is giving notice that it has sent the collections to OMB for review.

Federal Register, Volume 82 Issue 230 (Friday, December 1, 2017)
[Federal Register Volume 82, Number 230 (Friday, December 1, 2017)]
[Notices]
[Pages 57025-57027]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25914]


=======================================================================
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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Revisions; Submission for OMB Review; Regulation C; Fair Housing Home 
Loan Data System Regulation

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 continuing information 
collections as required by the Paperwork Reduction Act of 1995 (PRA).
    An agency 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 revision of its 
information collections titled ``Regulation C'' and ``Fair Housing Home 
Loan Data System Regulation.'' The OCC also is giving notice that it 
has sent the collections to OMB for review.

DATES: Comments must be submitted on or before January 2, 2018.

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: 1557-0176; 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 hearing 
impaired, 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, 1557-0159; 1557-0176, 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 hearing 
impaired, 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 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. The OCC proposes 
to revise the following collections:

[[Page 57026]]

    Titles: Regulation C; Fair Housing Home Loan Data System 
Regulation.
    OMB Control Nos.: 1557-0176; 1557-0159. Type of Review: Regular 
review.
    Description: Regulation C,\1\ which implements the Home Mortgage 
Disclosure Act \2\ (HMDA) enacted in 1975, requires certain depository 
and non-depository institutions that make certain mortgage loans to 
collect, report, and disclose data about originations and purchases of 
mortgage loans, as well as loan applications that do not result in 
originations. HMDA generates loan data that can be used to: (1) Help 
determine whether financial institutions are serving the housing needs 
of their communities; (2) assist public officials in distributing 
public-sector investments so as to attract private investment to areas 
where it is needed; and (3) assist in identifying possible 
discriminatory lending patterns and enforcing anti-discrimination 
statutes.
---------------------------------------------------------------------------

    \1\ 12 CFR part 1003.
    \2\ 12 U.S.C. 2801-2811.
---------------------------------------------------------------------------

    The Dodd-Frank Wall Street Reform and Consumer Protection Act of 
2010 \3\ (the Dodd-Frank Act) transferred HMDA and its rulemaking 
authority from the Board of Governors of the Federal Reserve System 
(Board) to the Consumer Financial Protection Bureau (CFPB), and 
transferred supervisory and enforcement authority for HMDA for 
depository institutions over $10 billion in consolidated assets from 
the Board, Federal Deposit Insurance Corporation, OCC, and National 
Credit Union Administration to the CFPB.
---------------------------------------------------------------------------

    \3\ Public Law 111-203, July 21, 2010.
---------------------------------------------------------------------------

    The CFPB published a final rule on October 28, 2015 that expanded 
the data collected and reported under HMDA, as implemented by 
Regulation C, and published a final rule on September 13, 2017, with 
additional corrections and clarifications (final rules). The final 
rules also modified the types of lenders and loans covered under 
Regulation C. First, for data collected in 2017, and reported in 2018, 
the rule simply reduces the number of institutions covered under 
Regulation C because only depositories originating more than 25 closed 
end loans must report. Then, starting January 1, 2018, an institution 
will collect expanded data under HMDA if it either originates 25 or 
more closed-end mortgage loans or 500 or more open-end lines of credit 
secured by a dwelling in each of the two preceding years, in addition 
to meeting other criteria. These institutions will begin reporting the 
expanded HMDA data in 2019. Starting in 2020, an institution will 
collect data on open-end lines of credit if it originates more than 100 
open-end lines of credit secured by a dwelling in each of the two 
preceding years (and report that open-end lines of credit data 
beginning in 2021). An institution also will collect and report covered 
loans and applications quarterly if it received a total of at least 
60,000 covered loans and applications in the preceding calendar year. A 
covered institution must report a covered loan if it has met the loan 
origination volume threshold for that loan category (open-end or 
closed-end); an institution that is not required to report data may 
voluntarily do so subject to the limitations enumerated in 12 CFR 
1002.5(b).
    In addition, the types of loans covered under Regulation C will 
change under the final rules beginning in 2018. Covered institutions 
will be required to collect and report any mortgage loan secured by a 
dwelling, including open-end lines of credit, regardless of the loan's 
purpose. Dwelling-secured loans that are made principally for a 
commercial or business purpose, as well as agricultural-purpose loans 
and other specified loans will be excluded.
    HMDA requires covered institutions to collect, record, report, and 
disclose information about their mortgage lending activity. Currently, 
Regulation C requires a covered institution to collect and report data 
about:
     Each application or loan, including the application date; 
the action taken and the date of that action; the loan amount; the loan 
type (for example, government guaranteed or not) and purpose (for 
example, home purchase); and, if the loan is sold, the type of 
purchaser;
     Each applicant or borrower, including ethnicity, race, 
sex, and income; and
     Each property, including location and occupancy status.
    Beginning in 2018, the final rules will require collection of 
additional data, which covered institutions will report in 2019:
     Additional information about the applicant or borrower, 
such as age and credit score;
     Information about the loan pricing, such as the borrower's 
total cost to obtain a mortgage, temporary introductory rates, and 
borrower-paid origination charges;
     Information about loan features, such as the loan term, 
prepayment penalties, or non-amortizing features (such as interest only 
or balloon payments); and
     Additional information about property securing the loan, 
such as property value and property type.
    In addition, existing requirements, including the requirements for 
collection and reporting of information regarding an applicant's or 
borrower's ethnicity, race and sex are being amended.
    The Fair Housing Act \4\ prohibits discrimination in the financing 
of housing on the basis of race, color, religion, sex, national origin, 
familial status, or handicap. The Equal Credit Opportunity Act \5\ 
(ECOA) 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 \6\ (CCPA). 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.
---------------------------------------------------------------------------

    \4\ 42 U.S.C. 3605.
    \5\ 15 U.S.C. 1691 et seq.
    \6\ 15 U.S.C. 1601 et seq.
---------------------------------------------------------------------------

    The OCC uses the data collected pursuant to part 27 to determine 
whether an institution treated applicants consistently and made credit 
decisions commensurate with the applicants' qualifications and in 
compliance with the ECOA and the Fair Housing Act.
    The information collection requirements in part 27 are as follows:
     12 CFR 27.3(a) requires national banks that are required 
to collect data on home loans under Regulation C \7\ to present the 
data in accordance with the HMDA-LAR instructions. Section 27.3(a) also 
lists exceptions to the HMDA-LAR recordkeeping requirements. Federal 
savings associations are also required to report this information to 
the OCC pursuant to 12 CFR 128.6 and Regulation C.
---------------------------------------------------------------------------

    \7\ This regulation has been transferred to the CFPB (12 CFR 
part 1003).
---------------------------------------------------------------------------

     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

[[Page 57027]]

Disclosure Act (12 U.S.C. 2801 et seq.) and Regulation C 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 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 that do not use a vendor 
or other software to prepare their HMDA data for submission, still need 
to use 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 that do not use a vendor or other 
software to prepare their HMDA data for submission.
    Affected Public: Businesses or other for-profit.
    Burden Estimates:
    Regulation C:

    2017:
    Estimated Number of Respondents: 702.
    Estimated Annual Burden: 3,384,342 hours.

    2018:
    Estimated Number of Respondents: 702.
    Estimated Annual Burden: 959,232 hours.

    2019:
    Estimated Number of Respondents: 702.
    Estimated Annual Burden: 959,232 hours.
    Fair Housing Home Loan Data System Regulation:
    Estimated Number of Respondents: 956.
    Estimated Annual Burden: 19,864 hours.
    Frequency of Response: On occasion.
    Comments: The OCC issued a notice for 60 days of comment regarding 
these collections on September 26, 2017, 82 FR 44873. No comments were 
received. Comments continue to be invited on:
    (a) Whether the collections of information are 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 estimates 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: November 28, 2017.
Karen Solomon,
Acting Senior Deputy Comptroller and Chief Counsel, Office of the 
Comptroller of the Currency.
[FR Doc. 2017-25914 Filed 11-30-17; 8:45 am]
 BILLING CODE 4810-33-P



                                                                             Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices                                          57025

                                                SUMMARY:    The Secretary of                            criteria given in § 388.4 of MARAD’s                  Home Loan Data System Regulation.’’
                                                Transportation, as represented by the                   regulations at 46 CFR part 388.                       The OCC also is giving notice that it has
                                                Maritime Administration (MARAD), is                                                                           sent the collections to OMB for review.
                                                                                                        Privacy Act
                                                authorized to grant waivers of the U.S.-                                                                      DATES: Comments must be submitted on
                                                build requirement of the coastwise laws                    In accordance with 5 U.S.C. 553(c),                or before January 2, 2018.
                                                under certain circumstances. A request                  DOT/MARAD solicits comments from                      ADDRESSES: Because paper mail in the
                                                for such a waiver has been received by                  the public to better inform its                       Washington, DC area and at the OCC is
                                                MARAD. The vessel, and a brief                          rulemaking process. DOT/MARAD posts                   subject to delay, commenters are
                                                description of the proposed service, is                 these comments, without edit, to                      encouraged to submit comments by
                                                listed below.                                           www.regulations.gov, as described in                  email, if possible. Comments may be
                                                DATES: Submit comments on or before                     the system of records notice, DOT/ALL–                sent to: Legislative and Regulatory
                                                January 2, 2018.                                        14 FDMS, accessible through                           Activities Division, Office of the
                                                                                                        www.dot.gov/privacy. In order to                      Comptroller of the Currency, Attention:
                                                ADDRESSES: Comments should refer to
                                                                                                        facilitate comment tracking and                       1557–0176; 1557–0159, 400 7th Street
                                                docket number MARAD–2017–0186.
                                                                                                        response, we encourage commenters to                  SW., Suite 3E–218, Washington, DC
                                                Written comments may be submitted by
                                                                                                        provide their name, or the name of their              20219. In addition, comments may be
                                                hand or by mail to the Docket Clerk,
                                                                                                        organization; however, submission of                  sent by fax to (571) 465–4326 or by
                                                U.S. Department of Transportation,
                                                                                                        names is completely optional. Whether                 electronic mail to prainfo@occ.treas.gov.
                                                Docket Operations, M–30, West
                                                                                                        or not commenters identify themselves,                You may personally inspect and
                                                Building Ground Floor, Room W12–140,
                                                                                                        all timely comments will be fully                     photocopy comments at the OCC, 400
                                                1200 New Jersey Avenue SE.,
                                                                                                        considered. If you wish to provide                    7th Street SW., Washington, DC 20219.
                                                Washington, DC 20590. You may also
                                                                                                        comments containing proprietary or                    For security reasons, the OCC requires
                                                send comments electronically via the
                                                                                                        confidential information, please contact              that visitors make an appointment to
                                                Internet at http://www.regulations.gov.
                                                                                                        the agency for alternate submission                   inspect comments. You may do so by
                                                All comments will become part of this
                                                                                                        instructions.                                         calling (202) 649–6700 or, for persons
                                                docket and will be available for
                                                inspection and copying at the above                       Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,         who are deaf or hearing impaired, TTY,
                                                address between 10:00 a.m. and 5:00                     46 U.S.C. 12121.                                      (202) 649–5597. Upon arrival, visitors
                                                p.m., Monday through Friday, except                       By Order of the Maritime Administrator.             will be required to present valid
                                                federal holidays. An electronic version                   Dated: November 28, 2017.                           government-issued photo identification
                                                of this document and all documents                                                                            and submit to security screening in
                                                                                                        T. Mitchell Hudson, Jr.,
                                                entered into this docket is available at                                                                      order to inspect and photocopy
                                                                                                        Secretary, Maritime Administration.
                                                http://www.regulations.gov.                                                                                   comments.
                                                                                                        [FR Doc. 2017–25883 Filed 11–30–17; 8:45 am]             All comments received, including
                                                FOR FURTHER INFORMATION CONTACT:                        BILLING CODE 4910–81–P                                attachments and other supporting
                                                Bianca Carr, U.S. Department of                                                                               materials, are part of the public record
                                                Transportation, Maritime                                                                                      and subject to public disclosure. Do not
                                                Administration, 1200 New Jersey                         DEPARTMENT OF THE TREASURY                            include any information in your
                                                Avenue SE., Room W23–453,                                                                                     comment or supporting materials that
                                                Washington, DC 20590. Telephone 202–                    Office of the Comptroller of the                      you consider confidential or
                                                366–9309, Email Bianca.carr@dot.gov.                    Currency                                              inappropriate for public disclosure.
                                                SUPPLEMENTARY INFORMATION: As                                                                                    Additionally, please send a copy of
                                                described by the applicant the intended                 Agency Information Collection                         your comments by mail to: OCC Desk
                                                service of the vessel SEA PIRATE is:                    Activities: Information Collection                    Officer, 1557–0159; 1557–0176, U.S.
                                                —Intended Commercial Use of Vessel:                     Revisions; Submission for OMB                         Office of Management and Budget, 725
                                                   ‘‘Public and private day charters and                Review; Regulation C; Fair Housing                    17th Street NW., #10235, Washington,
                                                   overnight charters’’                                 Home Loan Data System Regulation                      DC 20503 or by email to oira_
                                                —Geographic Region: ‘‘Washington                        AGENCY:  Office of the Comptroller of the             submission@omb.eop.gov.
                                                   State, Oregon, California ’’                         Currency (OCC), Treasury. ACTION:                     FOR FURTHER INFORMATION CONTACT:
                                                   The complete application is given in                 Notice and request for comment.                       Shaquita Merritt, OCC Clearance
                                                DOT docket MARAD–2017–0186 at                           SUMMARY: The OCC, as part of its                      Officer, (202) 649–5490 or, for persons
                                                http://www.regulations.gov. Interested                  continuing effort to reduce paperwork                 who are deaf or hearing impaired, TTY,
                                                parties may comment on the effect this                  and respondent burden, invites the                    (202) 649–5597, Legislative and
                                                action may have on U.S. vessel builders                 general public and other Federal                      Regulatory Activities Division, Office of
                                                or businesses in the U.S. that use U.S.-                agencies to take this opportunity to                  the Comptroller of the Currency, 400 7th
                                                flag vessels. If MARAD determines, in                   comment on continuing information                     Street SW., Washington, DC 20219.
                                                accordance with 46 U.S.C. 12121 and                     collections as required by the                        SUPPLEMENTARY INFORMATION: Under the
                                                MARAD’s regulations at 46 CFR part                      Paperwork Reduction Act of 1995                       PRA (44 U.S.C. 3501–3520), Federal
                                                388, that the issuance of the waiver will               (PRA).                                                agencies must obtain approval from the
                                                have an unduly adverse effect on a U.S.-                   An agency may not conduct or                       OMB for each collection of information
                                                vessel builder or a business that uses                  sponsor, and the respondent is not                    that they conduct or sponsor.
                                                U.S.-flag vessels in that business, a                   required to respond to, an information                ‘‘Collection of information’’ is defined
sradovich on DSK3GMQ082PROD with NOTICES




                                                waiver will not be granted. Comments                    collection unless it displays a currently             in 44 U.S.C. 3502(3) and 5 CFR
                                                should refer to the docket number of                    valid Office of Management and Budget                 1320.3(c) to include agency requests or
                                                this notice and the vessel name in order                (OMB) control number.                                 requirements that members of the public
                                                for MARAD to properly consider the                         The OCC is soliciting comment                      submit reports, keep records, or provide
                                                comments. Comments should also state                    concerning the revision of its                        information to a third party. The OCC
                                                the commenter’s interest in the waiver                  information collections titled                        proposes to revise the following
                                                application, and address the waiver                     ‘‘Regulation C’’ and ‘‘Fair Housing                   collections:


                                           VerDate Sep<11>2014   16:44 Nov 30, 2017   Jkt 244001   PO 00000   Frm 00085   Fmt 4703   Sfmt 4703   E:\FR\FM\01DEN1.SGM   01DEN1


                                                57026                        Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices

                                                   Titles: Regulation C; Fair Housing                   open-end lines of credit secured by a                    In addition, existing requirements,
                                                Home Loan Data System Regulation.                       dwelling in each of the two preceding                 including the requirements for
                                                   OMB Control Nos.: 1557–0176; 1557–                   years (and report that open-end lines of              collection and reporting of information
                                                0159. Type of Review: Regular review.                   credit data beginning in 2021). An                    regarding an applicant’s or borrower’s
                                                   Description: Regulation C,1 which                    institution also will collect and report              ethnicity, race and sex are being
                                                implements the Home Mortgage                            covered loans and applications                        amended.
                                                Disclosure Act 2 (HMDA) enacted in                      quarterly if it received a total of at least             The Fair Housing Act 4 prohibits
                                                1975, requires certain depository and                   60,000 covered loans and applications                 discrimination in the financing of
                                                non-depository institutions that make                   in the preceding calendar year. A                     housing on the basis of race, color,
                                                certain mortgage loans to collect, report,              covered institution must report a                     religion, sex, national origin, familial
                                                and disclose data about originations and                covered loan if it has met the loan                   status, or handicap. The Equal Credit
                                                purchases of mortgage loans, as well as                 origination volume threshold for that                 Opportunity Act 5 (ECOA) prohibits
                                                loan applications that do not result in                 loan category (open-end or closed-end);               discrimination in any aspect of a credit
                                                originations. HMDA generates loan data                  an institution that is not required to                transaction on the basis of race, color,
                                                that can be used to: (1) Help determine                 report data may voluntarily do so                     religion, national origin, sex, marital
                                                whether financial institutions are                      subject to the limitations enumerated in              status, age, receipt of income from
                                                serving the housing needs of their                      12 CFR 1002.5(b).                                     public assistance, or exercise of any
                                                communities; (2) assist public officials                  In addition, the types of loans covered             right under the Consumer Credit
                                                in distributing public-sector                           under Regulation C will change under                  Protection Act 6 (CCPA). The OCC is
                                                investments so as to attract private                    the final rules beginning in 2018.                    responsible for ensuring that national
                                                investment to areas where it is needed;                 Covered institutions will be required to              banks and federal savings associations
                                                and (3) assist in identifying possible                  collect and report any mortgage loan                  comply with those laws. This
                                                discriminatory lending patterns and                     secured by a dwelling, including open-                information collection is needed to
                                                enforcing anti-discrimination statutes.                 end lines of credit, regardless of the                promote compliance and for the OCC to
                                                   The Dodd-Frank Wall Street Reform                                                                          fulfill its statutory responsibilities.
                                                                                                        loan’s purpose. Dwelling-secured loans
                                                and Consumer Protection Act of 2010 3                                                                            The OCC uses the data collected
                                                                                                        that are made principally for a
                                                (the Dodd-Frank Act) transferred HMDA                                                                         pursuant to part 27 to determine
                                                                                                        commercial or business purpose, as well
                                                and its rulemaking authority from the                                                                         whether an institution treated
                                                                                                        as agricultural-purpose loans and other
                                                Board of Governors of the Federal                                                                             applicants consistently and made credit
                                                                                                        specified loans will be excluded.
                                                Reserve System (Board) to the Consumer                                                                        decisions commensurate with the
                                                                                                          HMDA requires covered institutions
                                                Financial Protection Bureau (CFPB), and                                                                       applicants’ qualifications and in
                                                                                                        to collect, record, report, and disclose
                                                transferred supervisory and enforcement                                                                       compliance with the ECOA and the Fair
                                                                                                        information about their mortgage
                                                authority for HMDA for depository                                                                             Housing Act.
                                                                                                        lending activity. Currently, Regulation C
                                                institutions over $10 billion in                                                                                 The information collection
                                                                                                        requires a covered institution to collect
                                                consolidated assets from the Board,                                                                           requirements in part 27 are as follows:
                                                                                                        and report data about:
                                                Federal Deposit Insurance Corporation,                                                                           • 12 CFR 27.3(a) requires national
                                                                                                          • Each application or loan, including
                                                OCC, and National Credit Union                                                                                banks that are required to collect data
                                                                                                        the application date; the action taken
                                                Administration to the CFPB.                                                                                   on home loans under Regulation C 7 to
                                                   The CFPB published a final rule on                   and the date of that action; the loan
                                                                                                        amount; the loan type (for example,                   present the data in accordance with the
                                                October 28, 2015 that expanded the data                                                                       HMDA–LAR instructions. Section
                                                collected and reported under HMDA, as                   government guaranteed or not) and
                                                                                                        purpose (for example, home purchase);                 27.3(a) also lists exceptions to the
                                                implemented by Regulation C, and                                                                              HMDA–LAR recordkeeping
                                                published a final rule on September 13,                 and, if the loan is sold, the type of
                                                                                                        purchaser;                                            requirements. Federal savings
                                                2017, with additional corrections and
                                                clarifications (final rules). The final                   • Each applicant or borrower,                       associations are also required to report
                                                                                                        including ethnicity, race, sex, and                   this information to the OCC pursuant to
                                                rules also modified the types of lenders                                                                      12 CFR 128.6 and Regulation C.
                                                and loans covered under Regulation C.                   income; and
                                                                                                          • Each property, including location                    • 12 CFR 27.3(b) lists the information
                                                First, for data collected in 2017, and                                                                        national banks shall attempt to obtain
                                                reported in 2018, the rule simply                       and occupancy status.
                                                                                                          Beginning in 2018, the final rules will             from an applicant as part of a home loan
                                                reduces the number of institutions                                                                            application and sets forth the
                                                covered under Regulation C because                      require collection of additional data,
                                                                                                        which covered institutions will report                information that banks must disclose to
                                                only depositories originating more than                                                                       an applicant.
                                                25 closed end loans must report. Then,                  in 2019:
                                                                                                          • Additional information about the                     • 12 CFR 27.3(c) sets forth additional
                                                starting January 1, 2018, an institution                                                                      information national banks must
                                                will collect expanded data under HMDA                   applicant or borrower, such as age and
                                                                                                        credit score;                                         maintain in the loan file.
                                                if it either originates 25 or more closed-                                                                       • 12 CFR 27.4 states that the OCC
                                                end mortgage loans or 500 or more                         • Information about the loan pricing,
                                                                                                        such as the borrower’s total cost to                  may require a national bank to maintain
                                                open-end lines of credit secured by a                                                                         a Fair Housing Inquiry/Application Log
                                                dwelling in each of the two preceding                   obtain a mortgage, temporary
                                                                                                        introductory rates, and borrower-paid                 found in Appendix III to part 27 if there
                                                years, in addition to meeting other                                                                           is reason to believe that the bank is
                                                criteria. These institutions will begin                 origination charges;
                                                                                                          • Information about loan features,                  engaging in discriminatory practices or
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                                                reporting the expanded HMDA data in                                                                           if analysis of the data compiled by the
                                                2019. Starting in 2020, an institution                  such as the loan term, prepayment
                                                                                                        penalties, or non-amortizing features                 bank under the Home Mortgage
                                                will collect data on open-end lines of
                                                credit if it originates more than 100                   (such as interest only or balloon                       4 42 U.S.C. 3605.
                                                                                                        payments); and                                          5 15 U.S.C. 1691 et seq.
                                                  1 12CFR part 1003.                                      • Additional information about                        6 15 U.S.C. 1601 et seq.
                                                  2 12U.S.C. 2801–2811.                                 property securing the loan, such as                     7 This regulation has been transferred to the CFPB
                                                  3 Public Law 111–203, July 21, 2010.                  property value and property type.                     (12 CFR part 1003).



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                                                                             Federal Register / Vol. 82, No. 230 / Friday, December 1, 2017 / Notices                                                57027

                                                Disclosure Act (12 U.S.C. 2801 et seq.)                   Affected Public: Businesses or other                DEPARTMENT OF THE TREASURY
                                                and Regulation C indicates a pattern of                 for-profit.
                                                significant variation in the number of                    Burden Estimates:                                   United States Mint
                                                home loans between census tracts with
                                                similar incomes and home ownership                        Regulation C:                                       Renewal of Currently Approved
                                                levels differentiated only by race or                     2017:                                               Information Collection: Comment
                                                national origin. Section 27.4(a)(2) also                                                                      Request for Customer Satisfaction and
                                                                                                          Estimated Number of Respondents:
                                                requires a log if complaints filed with                                                                       Opinion Surveys, and Focus Group
                                                the Comptroller or letters in the                       702.
                                                                                                                                                              Interviews
                                                Community Reinvestment Act file are                       Estimated Annual Burden: 3,384,342
                                                found to be substantive in nature,                      hours.                                                AGENCY:    United States Mint, Treasury.
                                                indicating that the bank’s home lending
                                                                                                          2018:                                               ACTION: Notice and request for
                                                practices are, or may be, discriminatory.
                                                                                                                                                              comments; extension of comment
                                                   • 12 CFR 27.5 requires a national                      Estimated Number of Respondents:
                                                                                                                                                              period.
                                                bank to maintain the information                        702.
                                                required by § 27.3 for 25 months after                    Estimated Annual Burden: 959,232
                                                the bank notifies the applicant of action                                                                     SUMMARY:  This document extends the
                                                                                                        hours.                                                comment period for a notice and request
                                                taken on an application or after
                                                withdrawal of an application.                             2019:                                               for comments that was published in the
                                                   • 12 CFR 27.7 requires a national                                                                          Federal Register on Monday, November
                                                                                                          Estimated Number of Respondents:                    6, 2017. The notice and request for
                                                bank to submit the information required                 702.
                                                by §§ 27.3(a) and 27.4 to the OCC upon                                                                        comments relates to the Paperwork
                                                its request prior to a scheduled                          Estimated Annual Burden: 959,232                    Reduction Act of 1995, Public Law 104–
                                                examination using the Monthly Home                      hours.                                                13 (44 U.S.C. 3506(c)(2)(A)).
                                                Loan Activity Format form in Appendix                     Fair Housing Home Loan Data System                  DATES: The comment period for the
                                                I to part 27 and the Home Loan Data                     Regulation:                                           notice and request for comments
                                                Form in Appendix IV to part 27. Section                   Estimated Number of Respondents:                    published on Monday, November 6,
                                                27.7(c)(3) states that a bank with fewer                956.                                                  2017, (82 FR 51472, FR Doc. 2017–
                                                than 75 home loan applications in the                                                                         24087), is extended. Comments must be
                                                preceding year will not be required to                    Estimated Annual Burden: 19,864
                                                                                                        hours.                                                received on or before Friday, January 5,
                                                submit such forms unless the home loan
                                                                                                                                                              2018.
                                                activity is concentrated in the few                       Frequency of Response: On occasion.
                                                months preceding the request for data,                    Comments: The OCC issued a notice                   ADDRESSES:    Direct all written comments
                                                indicating the likelihood of increased                                                                        to Mary Ann Scharbrough, Records
                                                                                                        for 60 days of comment regarding these
                                                activity over the subsequent year, or                                                                         Officer, Office of the Director, United
                                                                                                        collections on September 26, 2017, 82
                                                there is cause to believe that a bank is                                                                      States Mint, 801 9th Street NW.,
                                                                                                        FR 44873. No comments were received.
                                                not in compliance with the fair housing                                                                       Washington, DC 20220; (202) 384–5805
                                                laws based on prior examinations and/                   Comments continue to be invited on:
                                                                                                                                                              (this is not a toll-free number)
                                                or complaints, among other factors.                       (a) Whether the collections of                      mary.scharbrough@usmint.treas.gov.
                                                   • § 27.7(d) provides that if there is                information are necessary for the proper
                                                cause to believe that a bank is in                      performance of the functions of the                   FOR FURTHER INFORMATION CONTACT:
                                                noncompliance with fair housing laws,                   OCC, including whether the information                Mary Ann Scharbrough, Records
                                                the Comptroller may require submission                  has practical utility;                                Officer, Office of the Director, United
                                                of additional Home Loan Data                                                                                  States Mint, 801 9th Street NW.,
                                                                                                          (b) The accuracy of the OCC’s                       Washington, DC 20220; (202) 384–5805
                                                Submission Forms. The Comptroller                       estimates of the information collection
                                                may also require submission of the                                                                            (this is not a toll-free number)
                                                                                                        burden;                                               mary.scharbrough@usmint.treas.gov.
                                                information maintained under § 27.3(a)
                                                and Home Loan Data Submission Forms                       (c) Ways to enhance the quality,
                                                                                                        utility, and clarity of the information to            SUPPLEMENTARY INFORMATION:    A notice
                                                at more frequent intervals.                                                                                   and request for comments that appeared
                                                   OCC-regulated institutions have                      be collected;
                                                                                                                                                              in the Federal Register on Monday,
                                                access to a CFPB-developed web-based                      (d) Ways to minimize the burden of                  November 6, 2017, (FR Doc. 2017–
                                                data submission and edit-check system                   the collection on respondents, including              24087) announced that written
                                                (the HMDA Platform) that may be used                    through the use of automated collection               comments are to be received by
                                                to process HMDA data. Some                              techniques or other forms of information              November 30, 2017. To provide the
                                                institutions, typically those with small                technology; and                                       public with a sufficient opportunity to
                                                volumes of reported loans or those that
                                                                                                          (e) Estimates of capital or start-up                submit comments, the due date to
                                                do not use a vendor or other software to
                                                prepare their HMDA data for                             costs and costs of operation,                         receive written comments has been
                                                submission, still need to use a software                maintenance, and purchase of services                 extended. Comments must be received
                                                solution for integrating HMDA data                      to provide information.                               on or before Friday, January 5, 2018.
                                                from paper records or electronic
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                                                                                                          Dated: November 28, 2017.                             Authority: Pursuant to 31 U.S.C. 5111,
                                                systems. Therefore, the CFPB created a                  Karen Solomon,                                        5112, 5135, 5136, and 31 CFR part 92.
                                                prototype ‘‘LAR Formatting Tool’’                       Acting Senior Deputy Comptroller and Chief              Dated: November 27, 2017.
                                                which will allow financial institutions                 Counsel, Office of the Comptroller of the             David Motl,
                                                with small volumes of reported loans, or                Currency.
                                                those that do not use a vendor or other                                                                       Acting Deputy Director, United States Mint.
                                                                                                        [FR Doc. 2017–25914 Filed 11–30–17; 8:45 am]
                                                software to prepare their HMDA data for                                                                       [FR Doc. 2017–26027 Filed 11–30–17; 8:45 am]
                                                                                                        BILLING CODE 4810–33–P
                                                submission.                                                                                                   BILLING CODE 4810–37–P




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Document Created: 2018-10-25 10:45:20
Document Modified: 2018-10-25 10:45:20
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 2, 2018.
ContactShaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hearing impaired, 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 57025 

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