83 FR 12843 - Agency Information Collection Activities: Information Collection Renewal; Comment Request; Appraisal Management Companies

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 83, Issue 57 (March 23, 2018)

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, ``Appraisal Management Companies.''

[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Pages 12843-12845]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05890]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Comment Request; Appraisal Management Companies

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, ``Appraisal Management Companies.''

DATES: You should submit written comments by May 22, 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. You may submit comments by any of the following 
methods:
     Email: [email protected].
     Mail: Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency, Attention: 1557-0324, 400 
7th Street SW, Suite 3E-218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
     Fax: (571) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0324'' in your comment. In general, the OCC will publish them on 
www.reginfo.gov without change, including any business or personal 
information that you provide, such as name and address information, 
email addresses, or phone numbers. 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.

[[Page 12844]]

    You may review comments and other related materials that pertain to 
this information collection beginning on the date of publication of the 
second notice for this collection \1\ by any of the following methods:
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    \1\ Following the close of the 60-Day comment period for this 
notice, the OCC will publish a notice for 30 days of comment for 
this collection.
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     Viewing Comments Electronically: Go to www.reginfo.gov. 
Click on the ``Information Collection Review'' tab. Underneath the 
``Currently under Review'' section heading, from the drop-down menu, 
select ``Department of Treasury'' and then click ``submit.'' This 
information collection can be located by searching by OMB control 
number ``1557-0324'' or ``Appraisal Management Companies.'' Upon 
finding the appropriate information collection, click on the related 
``ICR Reference Number.'' On the next screen, select ``View Supporting 
Statement and Other Documents'' and then click on the link to any 
comment listed at the bottom of the screen.
     For assistance in navigating www.reginfo.gov, please 
contact the Regulatory Information Service Center at (202) 482-7340.
     Viewing Comments Personally: You may personally inspect 
and photocopy comments at the OCC, 400 7th Street SW, Washington, DC. 
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.

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, 
Suite 3E-218, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from the OMB for each collection of 
information that they conduct or sponsor. ``Collection of information'' 
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party. Section 
3506(c)(2)(A) of title 44 requires Federal agencies to provide a 60-day 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of an existing 
collection of information, before submitting the collection to OMB for 
approval. To comply with this requirement, the OCC is publishing notice 
of the proposed collection of information set forth in this document.
    Title: Appraisal Management Companies.
    OMB Control No.: 1557-0324.
    Affected Public: Business or other for-profit.
    Type of Review: Regular review.
    Abstract: The OCC, Board of Governors of the Federal Reserve System 
(FRB), Federal Deposit Insurance Corporation (FDIC), National Credit 
Union Administration (NCUA), Consumer Financial Protection Bureau 
(Bureau), and Federal Housing Finance Agency (FHFA) (Agencies) have 
rules implementing the minimum requirements in section 1473 of the 
Dodd-Frank Wall Street Reform and Consumer Protection Act to be applied 
by States in the registration and supervision of appraisal management 
companies (AMCs). The Agencies have also implemented the requirement in 
section 1473 of the Dodd-Frank Act for States to report to the 
Appraisal Subcommittee of the Federal Financial Institutions 
Examination Council (FFIEC) the information required by the Appraisal 
Subcommittee (ASC) to administer the new national registry of appraisal 
management companies (AMC National Registry or Registry).

State Recordkeeping Requirements

    States seeking to register AMCs must have an AMC registration and 
supervision program. Section 34.213(a) requires each participating 
State to establish and maintain within its appraiser certifying and 
licensing agency a registration and supervision program with the legal 
authority and mechanisms to: (i) Review and approve or deny an 
application for initial registration; (ii) periodically review and 
renew, or deny renewal of, an AMC's registration; (iii) examine an 
AMC's books and records and require the submission of reports, 
information, and documents; (iv) verify an AMC's panel members' 
certifications or licenses; (v) investigate and assess potential law, 
regulation, or order violations; (vi) discipline, suspend, terminate, 
or deny registration renewals of, AMCs that violate laws, regulations, 
or orders; and (vii) report violations of appraisal-related laws, 
regulations, or orders, and disciplinary and enforcement actions to the 
ASC.
    Section 34.213(b) requires each participating State to impose 
requirements on AMCs not owned and controlled by an insured depository 
institution and regulated by a Federal financial institution's 
regulatory agency to: (i) Register with and be subject to supervision 
by a State appraiser certifying and licensing agency in each State in 
which the AMC operates; (ii) use only State-certified or State-licensed 
appraisers for Federally regulated transactions in conformity with any 
Federally regulated transaction regulations; (iii) establish and comply 
with processes and controls reasonably designed to ensure that the AMC, 
in engaging an appraiser, selects an appraiser who is independent of 
the transaction and who has the requisite education, expertise, and 
experience necessary to competently complete the appraisal assignment 
for the particular market and property type; (iv) direct the appraiser 
to perform the assignment in accordance with Uniform Standards of 
Professional Appraisal Practices (USPAP); and (v) establish and comply 
with processes and controls reasonably designed to ensure that the AMC 
conducts its appraisal management services in accordance with section 
129E(a)-(i) of the Truth in Lending Act.

State Reporting Burden

    Section 34.216 requires that each State electing to register AMCs 
for purposes of permitting AMCs to provide appraisal management 
services relating to covered transactions in the State must submit to 
the ASC the information required to be submitted under subpart H to 
part 34 and any additional information required by the ASC concerning 
AMCs.

AMC Reporting Requirements

    Section 34.215(c) requires that a Federally regulated AMC must 
report to the State or States in which it operates the information 
required to be submitted by the State pursuant to the ASC's policies, 
including: (i) Information regarding the determination of the AMC 
National Registry fee; and (ii) the information listed in Sec.  34.214.
    Section 34.214 provides that an AMC may not be registered by a 
State or included on the AMC National Registry if such company is 
owned, directly or indirectly, by any person who has had an appraiser 
license or certificate refused, denied, cancelled, surrendered in lieu 
of revocation, or revoked in any State. Each person that owns more than 
10 percent of an AMC shall submit to a background investigation carried 
out by the State appraiser certifying and licensing agency. While Sec.  
34.214 does not authorize States to conduct background investigations 
of Federally

[[Page 12845]]

regulated AMCs, it would allow a State to do so if the Federally 
regulated AMC chooses to register voluntarily with the State.

AMC Recordkeeping Requirements

    Section 34.212(b) provides that an appraiser in an AMC's network or 
panel is deemed to remain on the network or panel until: (i) The AMC 
sends a written notice to the appraiser removing the appraiser with an 
explanation; or (ii) receives a written notice from the appraiser 
asking to be removed or a notice of the death or incapacity of the 
appraiser. The AMC would retain these notices in its files.
    Estimated Number of Respondents: 200 AMCs; 55 States and 
Territories.
    Total Estimated Annual Burden: 421.
    Comments submitted in response to this notice will be summarized 
and included in the request for OMB approval. All comments will become 
a matter of public record. Comments are invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the information 
collection burden;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: March 15, 2018.
Karen Solomon,
Acting Senior Deputy Comptroller and Chief Counsel.
[FR Doc. 2018-05890 Filed 3-22-18; 8:45 am]
 BILLING CODE 4810-33-P