83_FR_22776 83 FR 22681 - Proposed Collection; Comment Request

83 FR 22681 - Proposed Collection; Comment Request

FEDERAL HOUSING FINANCE AGENCY

Federal Register Volume 83, Issue 95 (May 16, 2018)

Page Range22681-22684
FR Document2018-10430

In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA or the Agency) is seeking public comments concerning an information collection known as ``Minimum Requirements for Appraisal Management Companies,'' which has been assigned control number 2590-0013 by the Office of Management and Budget (OMB). FHFA intends to submit the information collection to OMB for review and approval of a three-year extension of the control number, which is due to expire on July 31, 2018.

Federal Register, Volume 83 Issue 95 (Wednesday, May 16, 2018)
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22681-22684]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10430]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2018-N-05]


Proposed Collection; Comment Request

AGENCY: Federal Housing Finance Agency.

ACTION: 60-Day notice of submission of information collection for 
approval from Office of Management and Budget.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995 (PRA), the Federal Housing Finance Agency (FHFA or the 
Agency) is seeking public comments concerning an information collection 
known as ``Minimum Requirements for Appraisal Management Companies,'' 
which has been assigned control number 2590-0013 by the Office of 
Management and Budget (OMB). FHFA intends to submit the information 
collection to OMB for review and approval of a three-year extension of 
the control number, which is due to expire on July 31, 2018.

[[Page 22682]]


DATES: Interested persons may submit comments on or before July 16, 
2018.

ADDRESSES: Submit comments to FHFA, identified by ``Proposed 
Collection; Comment Request: `Minimum Requirements for Appraisal 
Management Companies, (No. 2018-N-05)' '' by any of the following 
methods:
     Agency Website: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. If you submit your 
comment to the Federal eRulemaking Portal, please also send it by email 
to FHFA at [email protected] to ensure timely receipt by the agency.
     Mail/Hand Delivery: Federal Housing Finance Agency, Eighth 
Floor, 400 Seventh Street SW, Washington, DC 20219, ATTENTION: Proposed 
Collection; Comment Request: ``Minimum Requirements for Appraisal 
Management Companies, (No. 2018-N-05)''.
    We will post all public comments we receive without change, 
including any personal information you provide, such as your name and 
address, email address, and telephone number, on the FHFA website at 
http://www.fhfa.gov. In addition, copies of all comments received will 
be available for examination by the public on business days between the 
hours of 10 a.m. and 3 p.m., at the Federal Housing Finance Agency, 
Eighth Floor, 400 Seventh Street SW, Washington, DC 20219. To make an 
appointment to inspect comments, please call the Office of General 
Counsel at (202) 649-3804.

FOR FURTHER INFORMATION CONTACT: Robert Witt, Senior Policy Analyst, 
Office of Housing and Regulatory Policy, by email at 
[email protected] or by telephone at (202) 649-3128; or Eric 
Raudenbush, Associate General Counsel, [email protected], (202) 
649-3084 (these are not toll-free numbers); Federal Housing Finance 
Agency, 400 Seventh Street SW, Washington, DC 20219. The 
Telecommunications Device for the Hearing Impaired is (800) 877-8339.

SUPPLEMENTARY INFORMATION: FHFA is seeking comments on its upcoming 
request to OMB to renew the PRA clearance for the following collection 
of information:
    Title: Minimum requirements for appraisal management companies.
    OMB Number: 2590-0013.
    Affected Public: Participating States and State-registered 
Appraisal Management Companies.

A. Need for and Use of the Information Collection

    In 2015, FHFA, the Federal Deposit Insurance Corporation (FDIC), 
the Office of the Comptroller of the Currency (OCC), and the Board of 
Governors of the Federal Reserve System (Board) (collectively, the 
Agencies) jointly issued regulations \1\ to implement minimum statutory 
requirements to be applied by States in the registration and 
supervision of appraisal management companies (AMCs).\2\ These minimum 
requirements apply to States that have elected to establish an 
appraiser certifying and licensing agency with authority to register 
and supervise AMCs (participating States).\3\
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    \1\ The National Credit Union Administration and the Bureau of 
Consumer Financial Protection also participated in the joint 
rulemaking but, by agreement, the responsibility for clearance under 
the PRA of information collections contained in the joint 
regulations is shared only by the FDIC, OCC, Board, and FHFA.
    \2\ See 12 U.S.C. 3353(a). An AMC is an entity that serves as an 
intermediary for, and provides certain services to, appraisers and 
lenders.
    \3\ 12 U.S.C. 3346.
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    The regulations also implement the statutory requirement that 
States report to the Appraisal Subcommittee (ASC) of the Federal 
Financial Institutions Examination Council (FFIEC) the information 
required by the ASC to administer the national registry of AMCs (AMC 
National Registry or Registry).\4\ When fully established, the AMC 
National Registry will include AMCs that are either: (1) Subsidiaries 
owned and controlled by an insured depository institution (as defined 
in 12 U.S.C. 1813) and regulated by either the FDIC, OCC, or Board 
(federally regulated AMCs); \5\ or (2) registered with, and subject to 
supervision of, a State appraiser certifying and licensing agency.
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    \4\ See 12 U.S.C. 3353(e).
    \5\ See 12 CFR 1222.21(k) (defining ``Federally regulated 
AMC'').
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    FHFA's AMC regulation, located at Subpart B of 12 CFR part 1222, is 
substantively identical to the AMC regulations of the FDIC, OCC, and 
Board and contains the recordkeeping and reporting requirements 
described below.

1. State Reporting Requirements (IC #1)

    The regulation 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 submit to the 
ASC the information regarding such AMCs required to be submitted by ASC 
regulations or guidance concerning AMCs that operate in the State.\6\
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    \6\ See 12 CFR 1222.26.
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2. State Recordkeeping Requirements (IC #2)

    States seeking to register AMCs must have an AMC registration and 
supervision program. The regulation 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 violations of laws, 
regulations, or orders; (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.\7\
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    \7\ See 12 CFR 1222.23(a).
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    The regulation requires each participating state to impose 
requirements on AMCs that are not federally regulated (non-federally 
regulated AMCs) 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 the Uniform Standards of 
Professional Appraisal Practice; and (v) establish and comply with 
processes and controls reasonably designed to ensure that the AMC 
conducts its appraisal management services in accordance with sections 
129E(a) through (i) of the Truth-in-Lending Act.\8\
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    \8\ See 12 CFR 1222.23(b). Sections 129E(a) through (i) of the 
Truth-in-Lending Act are located at 15 U.S.C. 1639e(a)-(i).
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3. AMC Reporting Requirements (IC #3)

    The regulation provides that an AMC may not be registered by a 
state or included on the AMC National Registry

[[Page 22683]]

if the 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 for a 
substantive cause.\9\ The regulation also provides that an AMC may not 
be registered by a state if any person that owns 10 percent or more of 
the AMC fails to submit to a background investigation carried out by 
the state appraiser certifying and licensing agency.\10\ Thus, each AMC 
registering with a state must provide information to the state on 
compliance with those ownership restrictions. Further, the regulation 
requires that a federally regulated AMC 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 policies regarding the 
determination of the AMC National Registry fee, and information 
regarding compliance with the ownership restrictions described 
above.\11\
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    \9\ See 12 CFR 1222.24(a), .25(b).
    \10\ See 12 CFR 1222.24(b).
    \11\ See 12 CFR 1222.25(c).
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4. AMC Recordkeeping Requirements (IC #4)

    An entity meets the definition of an AMC that is subject to the 
requirements of the AMC regulation if, among other things, it oversees 
an appraiser panel of more than 15 state-certified or state-licensed 
appraisers in a state, or 25 or more state-certified or state-licensed 
appraisers in two or more states, within a given 12-month period.\12\ 
For purposes of determining whether a company qualifies as an AMC under 
that definition, the regulation 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.\13\ The AMC would retain these notices in its files.
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    \12\ See 12 CFR 1222.21(c)(iii).
    \13\ See 12 CFR 1222.22(b).
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B. Burden Estimate

    There is no change in the methodology or substance of this 
information collection. For the information collections described 
above, the general methodology is to compute the industry wide burden 
hours for participating states and AMCs and then assign a share of the 
burden hours to each of the Agencies for each information collection.
    As noted above, each of the Agencies' AMC regulations contains 
reporting and recordkeeping requirements applying to participating 
states and to both federally regulated and non-federally regulated 
AMCs. The Agencies have estimated that approximately 200 entities meet 
the regulatory definition of an ``appraisal management company'' \14\ 
and that, of those 200 AMCs, approximately 120 are federally regulated 
and approximately 80 non-federally regulated.\15\ Unlike the insured 
depository institutions regulated by the OCC, FDIC, and Board, none of 
FHFA's regulated entities owns or controls an AMC or, by law, could 
ever own or control an AMC. Accordingly, the Agencies have agreed that 
responsibility for the burdens arising from reporting and recordkeeping 
requirements imposed upon federally regulated AMCs are to be split 
evenly among the OCC, FDIC, and Board (i.e., the equivalent of 40 
federally regulated AMCs for each agency) and that FHFA will not 
include those burdens in its totals. The four Agencies have agreed to 
split the total burdens imposed upon participating states and upon non-
federally regulated AMCs evenly between them (i.e., by taking 
responsibility for 25 percent of the burden per agency or, in the case 
of non-federally regulated AMCs, the equivalent of 20 such AMCs for 
each agency).
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    \14\ In FHFA's regulations, this definition is set forth at 12 
CFR 1222.21(c).
    \15\ FHFA anticipates that more definitive information on the 
total number of AMCs and on the relative number of federally 
regulated and non-federally regulated AMCs will become available 
after the joint regulations' AMC registration requirements become 
effective on August 10, 2018.
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    Thus, for ICs #1 and #2, which relate to reporting and 
recordkeeping requirements imposed upon participating states, each 
agency is responsible for 25 percent of the total estimated burden. For 
ICs #3 and #4, which relate to reporting and recordkeeping requirements 
imposed upon both federally regulated AMCs and non-federally regulated 
AMCs, the OCC, FDIC, and Board are each responsible for the burden 
imposed upon a total of 60 AMCs (40 federally regulated plus 20 non-
federally regulated), or 30 percent of the total burden, while FHFA is 
responsible only for the burden imposed upon 20 non-federally regulated 
AMCs, or 10 percent of the total burden.
    The Agencies estimate the total annualized hour burden placed on 
respondents by the information collection in the joint AMC regulations 
to be 1,445 hours. FHFA estimates its share of the hour burden to be 
183 hours. The calculations on which those estimated are based are 
described below.

1. State Reporting Requirements (IC #1)

    The total estimated burden hours for state reporting to the ASC are 
calculated by multiplying the number of states by the hour burden per 
state. The burden hours are then divided equally among the FDIC, OCC, 
Board, and FHFA, with each agency responsible for 25 percent of the 
total. For purposes of this calculation, the number of states is set at 
55 which, in conformity with the regulatory definition of ``state,'' 
includes all 50 U.S. states as well as the Commonwealth of the Northern 
Mariana Islands, the District of Columbia, Guam, Puerto Rico, and the 
U.S. Virgin Islands.\16\ The burden estimate of 1 hour per report is 
unchanged from the estimate provided for the currently-approved ICR. 
Therefore, the estimated total state reporting burden attributable to 
all of the Agencies is: 55 states x 1 hour/state = 55 hours. The 
estimated burden hours attributable to FHFA are 55 hours x 25 percent = 
14 hours (rounded to the nearest whole number).
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    \16\ See 12 CFR 1222.21(o).
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2. State Recordkeeping Requirements (IC #2)

    The estimated burden hours on participating states for developing 
and maintaining an AMC licensing program is calculated by multiplying 
the number of states without a registration and licensing program by 
the hour burden to develop the system. The total burden hours are then 
equally divided among the FDIC, OCC, Board, and FHFA. According to the 
Appraisal Institute, as of July 26, 2017, there were 5 states that had 
not developed a system to register and oversee AMCs.\17\ The burden 
estimate of 40 hours per state without a registration system is 
unchanged from the estimate provided for the currently-approved ICR. 
Therefore, the total estimated burden attributable to all of the 
Agencies is: 5 States x 40 hours/state = 200 hours. The estimated 
burden hours attributable to FHFA are 200 hours x 25 percent = 50 
hours.
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    \17\ Appraisal Institute ``Enacted State AMC Laws''. https://www.appraisalinstitute.org/advocacy/enacted-state-amc-laws1/.
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3. AMC Reporting Requirements (IC #3)

    The burden for AMC reporting requirements for information needed to 
determine the AMC National Registry fee and information regarding 
compliance with the AMC ownership restrictions is calculated by 
multiplying the number of AMCs by the frequency of response and then by 
the burden per

[[Page 22684]]

response. As described above, 30 percent of the burden hours are then 
assigned to each of the FDIC, OCC, and Board, while 10 percent are 
assigned to FHFA.
    The frequency of response is estimated as the number of states that 
do not have an AMC registration program in which the average AMC 
operates.\18\ As discussed above, 5 states do not have AMC registration 
or oversight programs. According to the Consumer Financial Protection 
Bureau (CFPB), the average AMC operates in 19.56 states.\19\ Therefore, 
the average AMC operates in approximately 2 states that do not have AMC 
registration systems: (5 States/55 states) x 19.56 states = 1.778 
states, rounded to 2 states. The burden estimate of one hour per 
response is unchanged from the estimate provided for the currently-
approved ICR. Therefore, the total estimated hour burden is: 200 AMCs x 
2 states x 1 hour = 400 hours. The estimated burden hours attributable 
to FHFA are 400 hours x 10 percent = 40 hours.
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    \18\ The number of states includes all U.S. states, territories, 
and districts to include: The Commonwealth of the Northern Mariana 
Islands; the District of Columbia; Guam; Puerto Rico; and the U.S. 
Virgin Islands.
    \19\ The CFPB conducted a survey of 9 AMCs in 2013 regarding the 
provisions in the regulation and the related PRA burden.
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4. AMC Recordkeeping Requirements (IC #4)

    The burden for recordkeeping by AMCs of written notices of 
appraiser removal from a network or panel is estimated to be equal to 
the number of appraisers who leave the profession per year multiplied 
by the estimated percentage of appraisers who work for AMCs, then 
multiplied by burden hours per notice. As described above, 30 percent 
of the burden hours are then assigned to each of the FDIC, OCC, and 
Board, while 10 percent are assigned to FHFA.
    The number of appraisers who leave an AMC annually, either by 
resigning, being laid off, or having their licenses revoked or 
surrendered, is estimated to be 9,881. The burden estimate of 0.08 
hours per notice is unchanged from the estimate provided for the 
currently-approved ICR. Therefore, the estimated total hour burden is: 
9,881 notices x 0.08 hours = 790 hours (rounded to the nearest whole 
number). The estimated burden hours attributable to FHFA are 790 hours 
x 10 percent = 79 hours.

C. Comments Request

    FHFA requests written comments on the following: (1) Whether the 
collection of information is necessary for the proper performance of 
FHFA functions, including whether the information has practical 
utility; (2) the accuracy of FHFA's estimates of the burdens of the 
collection of information; (3) ways to enhance the quality, utility, 
and clarity of the information collected; and (4) ways to minimize the 
burden of the collection of information on respondents, including 
through the use of automated collection techniques or other forms of 
information technology.

    Dated: May 10, 2018.
Kevin Winkler,
Chief Information Officer, Federal Housing Finance Agency.
[FR Doc. 2018-10430 Filed 5-15-18; 8:45 am]
 BILLING CODE 8070-01-P



                                                                                        Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices                                                                      22681

                                                elections, but only one may be                                            committees must also file a Post-General                               General Election may be found on the
                                                necessary. Under Texas law, all                                           Report on July 30, 2018. (See chart                                    FEC website at https://www.fec.gov/
                                                qualified candidates, regardless of party                                 below for the closing date for each                                    help-candidates-and-committees/dates-
                                                affiliation, will appear on the ballot. The                               report.)                                                               and-deadlines/.
                                                majority winner of the special election                                     Note that these reports are in addition
                                                                                                                                                                                                 Possible Special Runoff Election
                                                is declared elected. Should no candidate                                  to the campaign committee’s regular
                                                achieve a majority vote, the Governor                                     quarterly filings. (See chart below for                                   In the event that no candidate
                                                will then set the date for a Special                                      the closing date for each report).                                     receives a majority of the votes in the
                                                Runoff Election that will include only                                                                                                           Special General Election, a Special
                                                                                                                          Unauthorized Committees (PACs and                                      Runoff Election will be held. The
                                                the top two vote-getters.
                                                                                                                          Party Committees)                                                      Commission will publish a future notice
                                                   Committees participating in the Texas
                                                special election are required to file pre-                                  Political committees filing on a                                     giving the filing dates for that election
                                                and post-election reports.                                                quarterly basis in 2018 are subject to                                 if it becomes necessary.
                                                                                                                          special election reporting if they make
                                                FOR FURTHER INFORMATION CONTACT: Ms.                                                                                                             Disclosure of Lobbyist Bundling
                                                                                                                          previously undisclosed contributions or
                                                Elizabeth S. Kurland, Information                                                                                                                Activity
                                                                                                                          expenditures in connection with the
                                                Division, 1050 First Street NE,
                                                                                                                          Texas Special General Election by the                                     Principal campaign committees, party
                                                Washington, DC 20463; Telephone:
                                                                                                                          close of books for the applicable                                      committees and Leadership PACs that
                                                (202) 694–1100; Toll Free (800) 424–
                                                                                                                          report(s). (See chart below for the                                    are otherwise required to file reports in
                                                9530.
                                                                                                                          closing date for each report.)                                         connection with the special elections
                                                SUPPLEMENTARY INFORMATION:                                                  Committees filing monthly that make                                  must simultaneously file FEC Form 3L
                                                                                                                          contributions or expenditures in                                       if they receive two or more bundled
                                                Principal Campaign Committees
                                                                                                                          connection with the Texas Special                                      contributions from lobbyists/registrants
                                                  All principal campaign committees of                                    General Election will continue to file                                 or lobbyist/registrant PACs that
                                                candidates who participate in the Texas                                   according to the monthly reporting                                     aggregate in excess of $18,200 during
                                                Special General Election shall file a 12-                                 schedule.                                                              the special election reporting periods.
                                                day Pre-General Report on June 18,                                          Additional disclosure information in                                 (See charts below for closing date of
                                                2018. If there is a majority winner,                                      connection with the Texas Special                                      each period.) 11 CFR 104.22(a)(5)(v), (b).

                                                                                          CALENDAR OF REPORTING DATES FOR TEXAS SPECIAL GENERAL ELECTION
                                                                                                                                                                                                                 Reg./cert.
                                                                                                                                                                                                                   and
                                                                                                                                                                                                 Close of                        Filing
                                                                                                                 Report                                                                                          overnight
                                                                                                                                                                                                 books 1                        deadline
                                                                                                                                                                                                                  mailing
                                                                                                                                                                                                                 deadline

                                                                                        If Only the Special General is Held (06/30/18), Political Committees Involved Must File

                                                Pre-General .................................................................................................................................       06/10/18        06/15/18        06/18/18
                                                July Quarterly ...............................................................................................................................      06/30/18        07/15/18      2 07/15/18

                                                Post-General ................................................................................................................................       07/20/18        07/30/18        07/30/18
                                                October Quarterly ........................................................................................................................          09/30/18        10/15/18      2 10/15/18


                                                                                         If Two Elections Are Held, Political Committees Involved Only in the Special General
                                                                                                                           (06/30/18) Must File

                                                Pre-General .................................................................................................................................       06/10/18        06/15/18        06/18/18
                                                July Quarterly ...............................................................................................................................      06/30/18        07/15/18      2 07/15/18

                                                  1 The reporting period always begins the day after the closing date of the last report filed. If the committee is new and has not previously filed
                                                a report, the first report must cover all activity that occurred before the committee registered as a political committee up through the close of
                                                books for the first report due.
                                                  2 Notice that this filing deadline falls on a weekend or federal holiday. Filing deadlines are not extended when they fall on nonworking days.
                                                Accordingly, reports filed by methods other than registered, certified or overnight mail must be received by close of business on the last business
                                                day before the deadline.


                                                  Dated: May 1, 2018.                                                     FEDERAL HOUSING FINANCE                                                Reduction Act of 1995 (PRA), the
                                                  On behalf of the Commission.                                            AGENCY                                                                 Federal Housing Finance Agency (FHFA
                                                Caroline C. Hunter,                                                                                                                              or the Agency) is seeking public
                                                                                                                          [No. 2018–N–05]
                                                Chair, Federal Election Commission.                                                                                                              comments concerning an information
                                                [FR Doc. 2018–10386 Filed 5–15–18; 8:45 am]                               Proposed Collection; Comment                                           collection known as ‘‘Minimum
                                                                                                                          Request                                                                Requirements for Appraisal
                                                BILLING CODE 6715–01–P
                                                                                                                                                                                                 Management Companies,’’ which has
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                          AGENCY:  Federal Housing Finance                                       been assigned control number 2590–
                                                                                                                          Agency.                                                                0013 by the Office of Management and
                                                                                                                          ACTION: 60-Day notice of submission of                                 Budget (OMB). FHFA intends to submit
                                                                                                                          information collection for approval from                               the information collection to OMB for
                                                                                                                          Office of Management and Budget.                                       review and approval of a three-year
                                                                                                                          SUMMARY: In accordance with the                                        extension of the control number, which
                                                                                                                          requirements of the Paperwork                                          is due to expire on July 31, 2018.


                                           VerDate Sep<11>2014         17:34 May 15, 2018         Jkt 244001       PO 00000       Frm 00071       Fmt 4703       Sfmt 4703      E:\FR\FM\16MYN1.SGM     16MYN1


                                                22682                        Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices

                                                     Interested persons may submit
                                                DATES:                                                  A. Need for and Use of the Information                2. State Recordkeeping Requirements
                                                comments on or before July 16, 2018.                    Collection                                            (IC #2)
                                                ADDRESSES:    Submit comments to FHFA,                     In 2015, FHFA, the Federal Deposit                    States seeking to register AMCs must
                                                identified by ‘‘Proposed Collection;                    Insurance Corporation (FDIC), the Office              have an AMC registration and
                                                Comment Request: ‘Minimum                               of the Comptroller of the Currency                    supervision program. The regulation
                                                Requirements for Appraisal                              (OCC), and the Board of Governors of                  requires each participating State to
                                                Management Companies, (No. 2018–N–                      the Federal Reserve System (Board)                    establish and maintain within its
                                                05)’ ’’ by any of the following methods:                (collectively, the Agencies) jointly                  appraiser certifying and licensing
                                                  • Agency Website: www.fhfa.gov/                       issued regulations 1 to implement                     agency a registration and supervision
                                                open-for-comment-or-input.                              minimum statutory requirements to be                  program with the legal authority and
                                                  • Federal eRulemaking Portal: http://                 applied by States in the registration and             mechanisms to: (i) Review and approve
                                                                                                        supervision of appraisal management                   or deny an application for initial
                                                www.regulations.gov. Follow the
                                                                                                        companies (AMCs).2 These minimum                      registration; (ii) periodically review and
                                                instructions for submitting comments. If
                                                                                                        requirements apply to States that have                renew, or deny renewal of, an AMC’s
                                                you submit your comment to the
                                                                                                        elected to establish an appraiser                     registration; (iii) examine an AMC’s
                                                Federal eRulemaking Portal, please also
                                                                                                        certifying and licensing agency with                  books and records and require the
                                                send it by email to FHFA at
                                                                                                        authority to register and supervise                   submission of reports, information, and
                                                RegComments@fhfa.gov to ensure
                                                                                                        AMCs (participating States).3                         documents; (iv) verify an AMC’s panel
                                                timely receipt by the agency.                             The regulations also implement the                  members’ certifications or licenses; (v)
                                                  • Mail/Hand Delivery: Federal                         statutory requirement that States report              investigate and assess potential
                                                Housing Finance Agency, Eighth Floor,                   to the Appraisal Subcommittee (ASC) of                violations of laws, regulations, or
                                                400 Seventh Street SW, Washington, DC                   the Federal Financial Institutions                    orders; (vi) discipline, suspend,
                                                20219, ATTENTION: Proposed                              Examination Council (FFIEC) the                       terminate, or deny registration renewals
                                                Collection; Comment Request:                            information required by the ASC to                    of, AMCs that violate laws, regulations,
                                                ‘‘Minimum Requirements for Appraisal                    administer the national registry of                   or orders; and (vii) report violations of
                                                Management Companies, (No. 2018–N–                      AMCs (AMC National Registry or                        appraisal-related laws, regulations, or
                                                05)’’.                                                  Registry).4 When fully established, the               orders, and disciplinary and
                                                  We will post all public comments we                   AMC National Registry will include                    enforcement actions to the ASC.7
                                                receive without change, including any                   AMCs that are either: (1) Subsidiaries                   The regulation requires each
                                                personal information you provide, such                  owned and controlled by an insured                    participating state to impose
                                                as your name and address, email                         depository institution (as defined in 12              requirements on AMCs that are not
                                                address, and telephone number, on the                   U.S.C. 1813) and regulated by either the              federally regulated (non-federally
                                                FHFA website at http://www.fhfa.gov. In                 FDIC, OCC, or Board (federally                        regulated AMCs) to: (i) Register with
                                                addition, copies of all comments                        regulated AMCs); 5 or (2) registered                  and be subject to supervision by a state
                                                received will be available for                          with, and subject to supervision of, a                appraiser certifying and licensing
                                                examination by the public on business                   State appraiser certifying and licensing              agency in each state in which the AMC
                                                days between the hours of 10 a.m. and                   agency.                                               operates; (ii) use only state-certified or
                                                3 p.m., at the Federal Housing Finance                     FHFA’s AMC regulation, located at                  state-licensed appraisers for federally
                                                Agency, Eighth Floor, 400 Seventh                       Subpart B of 12 CFR part 1222, is                     regulated transactions in conformity
                                                Street SW, Washington, DC 20219. To                     substantively identical to the AMC                    with any federally regulated transaction
                                                make an appointment to inspect                          regulations of the FDIC, OCC, and Board               regulations; (iii) establish and comply
                                                comments, please call the Office of                     and contains the recordkeeping and                    with processes and controls reasonably
                                                General Counsel at (202) 649–3804.                      reporting requirements described below.               designed to ensure that the AMC, in
                                                FOR FURTHER INFORMATION CONTACT:                        1. State Reporting Requirements (IC #1)               engaging an appraiser, selects an
                                                Robert Witt, Senior Policy Analyst,                                                                           appraiser who is independent of the
                                                                                                           The regulation requires that each                  transaction and who has the requisite
                                                Office of Housing and Regulatory                        State electing to register AMCs for
                                                Policy, by email at Robert.Witt@fhfa.gov                                                                      education, expertise, and experience
                                                                                                        purposes of permitting AMCs to provide                necessary to competently complete the
                                                or by telephone at (202) 649–3128; or                   appraisal management services relating
                                                Eric Raudenbush, Associate General                                                                            appraisal assignment for the particular
                                                                                                        to covered transactions in the State                  market and property type; (iv) direct the
                                                Counsel, Eric.Raudenbush@fhfa.gov,                      submit to the ASC the information
                                                (202) 649–3084 (these are not toll-free                                                                       appraiser to perform the assignment in
                                                                                                        regarding such AMCs required to be                    accordance with the Uniform Standards
                                                numbers); Federal Housing Finance                       submitted by ASC regulations or
                                                Agency, 400 Seventh Street SW,                                                                                of Professional Appraisal Practice; and
                                                                                                        guidance concerning AMCs that operate                 (v) establish and comply with processes
                                                Washington, DC 20219. The                               in the State.6
                                                Telecommunications Device for the                                                                             and controls reasonably designed to
                                                Hearing Impaired is (800) 877–8339.                       1 The National Credit Union Administration and
                                                                                                                                                              ensure that the AMC conducts its
                                                                                                        the Bureau of Consumer Financial Protection also      appraisal management services in
                                                SUPPLEMENTARY INFORMATION:    FHFA is                   participated in the joint rulemaking but, by          accordance with sections 129E(a)
                                                seeking comments on its upcoming                        agreement, the responsibility for clearance under     through (i) of the Truth-in-Lending Act.8
                                                request to OMB to renew the PRA                         the PRA of information collections contained in the
                                                clearance for the following collection of               joint regulations is shared only by the FDIC, OCC,    3. AMC Reporting Requirements (IC #3)
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                                                                                                        Board, and FHFA.
                                                information:                                              2 See 12 U.S.C. 3353(a). An AMC is an entity that
                                                                                                                                                                 The regulation provides that an AMC
                                                  Title: Minimum requirements for                       serves as an intermediary for, and provides certain   may not be registered by a state or
                                                appraisal management companies.                         services to, appraisers and lenders.                  included on the AMC National Registry
                                                                                                          3 12 U.S.C. 3346.
                                                  OMB Number: 2590–0013.                                  4 See 12 U.S.C. 3353(e).                              7 See  12 CFR 1222.23(a).
                                                  Affected Public: Participating States                   5 See 12 CFR 1222.21(k) (defining ‘‘Federally         8 See  12 CFR 1222.23(b). Sections 129E(a) through
                                                and State-registered Appraisal                          regulated AMC’’).                                     (i) of the Truth-in-Lending Act are located at 15
                                                Management Companies.                                     6 See 12 CFR 1222.26.                               U.S.C. 1639e(a)–(i).



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                                                                              Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices                                                    22683

                                                if the company is owned, directly or                      As noted above, each of the Agencies’               hours. The calculations on which those
                                                indirectly, by any person who has had                   AMC regulations contains reporting and                estimated are based are described
                                                an appraiser license or certificate                     recordkeeping requirements applying to                below.
                                                refused, denied, cancelled, surrendered                 participating states and to both federally
                                                                                                                                                              1. State Reporting Requirements (IC #1)
                                                in lieu of revocation, or revoked in any                regulated and non-federally regulated
                                                state for a substantive cause.9 The                     AMCs. The Agencies have estimated                        The total estimated burden hours for
                                                regulation also provides that an AMC                    that approximately 200 entities meet the              state reporting to the ASC are calculated
                                                may not be registered by a state if any                 regulatory definition of an ‘‘appraisal               by multiplying the number of states by
                                                person that owns 10 percent or more of                  management company’’ 14 and that, of                  the hour burden per state. The burden
                                                the AMC fails to submit to a background                 those 200 AMCs, approximately 120 are                 hours are then divided equally among
                                                investigation carried out by the state                  federally regulated and approximately                 the FDIC, OCC, Board, and FHFA, with
                                                appraiser certifying and licensing                      80 non-federally regulated.15 Unlike the              each agency responsible for 25 percent
                                                agency.10 Thus, each AMC registering                    insured depository institutions                       of the total. For purposes of this
                                                with a state must provide information to                regulated by the OCC, FDIC, and Board,                calculation, the number of states is set
                                                the state on compliance with those                      none of FHFA’s regulated entities owns                at 55 which, in conformity with the
                                                ownership restrictions. Further, the                    or controls an AMC or, by law, could                  regulatory definition of ‘‘state,’’ includes
                                                regulation requires that a federally                    ever own or control an AMC.                           all 50 U.S. states as well as the
                                                regulated AMC report to the state or                    Accordingly, the Agencies have agreed                 Commonwealth of the Northern Mariana
                                                states in which it operates the                         that responsibility for the burdens                   Islands, the District of Columbia, Guam,
                                                information required to be submitted by                 arising from reporting and                            Puerto Rico, and the U.S. Virgin
                                                the state pursuant to the ASC’s policies,               recordkeeping requirements imposed                    Islands.16 The burden estimate of 1 hour
                                                including policies regarding the                        upon federally regulated AMCs are to be               per report is unchanged from the
                                                determination of the AMC National                       split evenly among the OCC, FDIC, and                 estimate provided for the currently-
                                                Registry fee, and information regarding                 Board (i.e., the equivalent of 40                     approved ICR. Therefore, the estimated
                                                compliance with the ownership                           federally regulated AMCs for each                     total state reporting burden attributable
                                                restrictions described above.11                         agency) and that FHFA will not include                to all of the Agencies is: 55 states × 1
                                                                                                        those burdens in its totals. The four                 hour/state = 55 hours. The estimated
                                                4. AMC Recordkeeping Requirements                       Agencies have agreed to split the total               burden hours attributable to FHFA are
                                                (IC #4)                                                 burdens imposed upon participating                    55 hours × 25 percent = 14 hours
                                                   An entity meets the definition of an                 states and upon non-federally regulated               (rounded to the nearest whole number).
                                                AMC that is subject to the requirements                 AMCs evenly between them (i.e., by                    2. State Recordkeeping Requirements
                                                of the AMC regulation if, among other                   taking responsibility for 25 percent of               (IC #2)
                                                things, it oversees an appraiser panel of               the burden per agency or, in the case of
                                                                                                        non-federally regulated AMCs, the                        The estimated burden hours on
                                                more than 15 state-certified or state-
                                                                                                        equivalent of 20 such AMCs for each                   participating states for developing and
                                                licensed appraisers in a state, or 25 or
                                                                                                        agency).                                              maintaining an AMC licensing program
                                                more state-certified or state-licensed
                                                                                                          Thus, for ICs #1 and #2, which relate               is calculated by multiplying the number
                                                appraisers in two or more states, within
                                                                                                        to reporting and recordkeeping                        of states without a registration and
                                                a given 12-month period.12 For
                                                                                                        requirements imposed upon                             licensing program by the hour burden to
                                                purposes of determining whether a
                                                                                                        participating states, each agency is                  develop the system. The total burden
                                                company qualifies as an AMC under                                                                             hours are then equally divided among
                                                that definition, the regulation provides                responsible for 25 percent of the total
                                                                                                        estimated burden. For ICs #3 and #4,                  the FDIC, OCC, Board, and FHFA.
                                                that an appraiser in an AMC’s network                                                                         According to the Appraisal Institute, as
                                                or panel is deemed to remain on the                     which relate to reporting and
                                                                                                        recordkeeping requirements imposed                    of July 26, 2017, there were 5 states that
                                                network or panel until: (i) The AMC                                                                           had not developed a system to register
                                                sends a written notice to the appraiser                 upon both federally regulated AMCs
                                                                                                        and non-federally regulated AMCs, the                 and oversee AMCs.17 The burden
                                                removing the appraiser with an                                                                                estimate of 40 hours per state without a
                                                explanation; or (ii) receives a written                 OCC, FDIC, and Board are each
                                                                                                        responsible for the burden imposed                    registration system is unchanged from
                                                notice from the appraiser asking to be                                                                        the estimate provided for the currently-
                                                removed or a notice of the death or                     upon a total of 60 AMCs (40 federally
                                                                                                                                                              approved ICR. Therefore, the total
                                                incapacity of the appraiser.13 The AMC                  regulated plus 20 non-federally
                                                                                                                                                              estimated burden attributable to all of
                                                would retain these notices in its files.                regulated), or 30 percent of the total
                                                                                                                                                              the Agencies is: 5 States × 40 hours/state
                                                                                                        burden, while FHFA is responsible only
                                                B. Burden Estimate                                                                                            = 200 hours. The estimated burden
                                                                                                        for the burden imposed upon 20 non-
                                                                                                                                                              hours attributable to FHFA are 200
                                                  There is no change in the                             federally regulated AMCs, or 10 percent
                                                                                                                                                              hours × 25 percent = 50 hours.
                                                methodology or substance of this                        of the total burden.
                                                information collection. For the                           The Agencies estimate the total                     3. AMC Reporting Requirements (IC #3)
                                                information collections described above,                annualized hour burden placed on                         The burden for AMC reporting
                                                the general methodology is to compute                   respondents by the information                        requirements for information needed to
                                                the industry wide burden hours for                      collection in the joint AMC regulations               determine the AMC National Registry
                                                participating states and AMCs and then                  to be 1,445 hours. FHFA estimates its                 fee and information regarding
                                                assign a share of the burden hours to                   share of the hour burden to be 183                    compliance with the AMC ownership
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                                                each of the Agencies for each                                                                                 restrictions is calculated by multiplying
                                                                                                           14 In FHFA’s regulations, this definition is set
                                                information collection.                                                                                       the number of AMCs by the frequency
                                                                                                        forth at 12 CFR 1222.21(c).
                                                                                                           15 FHFA anticipates that more definitive           of response and then by the burden per
                                                  9 See 12 CFR 1222.24(a), .25(b).
                                                  10 See
                                                                                                        information on the total number of AMCs and on
                                                         12 CFR 1222.24(b).                             the relative number of federally regulated and non-     16 See 12 CFR 1222.21(o).
                                                  11 See 12 CFR 1222.25(c).
                                                                                                        federally regulated AMCs will become available          17 Appraisal Institute ‘‘Enacted State AMC Laws’’.
                                                  12 See 12 CFR 1222.21(c)(iii).
                                                                                                        after the joint regulations’ AMC registration         https://www.appraisalinstitute.org/advocacy/
                                                  13 See 12 CFR 1222.22(b).                             requirements become effective on August 10, 2018.     enacted-state-amc-laws1/.



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                                                22684                        Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Notices

                                                response. As described above, 30                        of information is necessary for the                   400 Seventh Street SW, Washington, DC
                                                percent of the burden hours are then                    proper performance of FHFA functions,                 20219, ATTENTION: Proposed
                                                assigned to each of the FDIC, OCC, and                  including whether the information has                 Collection; Comment Request:
                                                Board, while 10 percent are assigned to                 practical utility; (2) the accuracy of                ‘‘Minority and Women Inclusion, (No.
                                                FHFA.                                                   FHFA’s estimates of the burdens of the                2018–N–06)’’.
                                                  The frequency of response is                          collection of information; (3) ways to                  We will post all public comments we
                                                estimated as the number of states that                  enhance the quality, utility, and clarity             receive without change, including any
                                                do not have an AMC registration                         of the information collected; and (4)                 personal information you provide, such
                                                program in which the average AMC                        ways to minimize the burden of the                    as your name and address, email
                                                operates.18 As discussed above, 5 states                collection of information on                          address, and telephone number, on the
                                                do not have AMC registration or                         respondents, including through the use                FHFA website at http://www.fhfa.gov. In
                                                oversight programs. According to the                    of automated collection techniques or                 addition, copies of all comments
                                                Consumer Financial Protection Bureau                    other forms of information technology.                received will be available for
                                                (CFPB), the average AMC operates in                       Dated: May 10, 2018.                                examination by the public on business
                                                19.56 states.19 Therefore, the average                                                                        days between the hours of 10 a.m. and
                                                                                                        Kevin Winkler,
                                                AMC operates in approximately 2 states                                                                        3 p.m., at the Federal Housing Finance
                                                                                                        Chief Information Officer, Federal Housing
                                                that do not have AMC registration                                                                             Agency, Eighth Floor, 400 Seventh
                                                                                                        Finance Agency.
                                                systems: (5 States/55 states) × 19.56                                                                         Street SW, Washington, DC 20219. To
                                                                                                        [FR Doc. 2018–10430 Filed 5–15–18; 8:45 am]
                                                states = 1.778 states, rounded to 2 states.                                                                   make an appointment to inspect
                                                                                                        BILLING CODE 8070–01–P
                                                The burden estimate of one hour per                                                                           comments, please call the Office of
                                                response is unchanged from the                                                                                General Counsel at (202) 649–3804.
                                                estimate provided for the currently-                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                        FEDERAL HOUSING FINANCE
                                                approved ICR. Therefore, the total                                                                            Sylvia Martinez, Principal Policy
                                                                                                        AGENCY
                                                estimated hour burden is: 200 AMCs ×                                                                          Analyst, Office of Minority and Women
                                                2 states × 1 hour = 400 hours. The                      [No. 2018–N–06]                                       Inclusion, by email at Sylvia.Martinez@
                                                estimated burden hours attributable to                                                                        fhfa.gov or by telephone at (202) 649–
                                                FHFA are 400 hours × 10 percent = 40                    Proposed Collection; Comment
                                                                                                                                                              3301; or Eric Raudenbush, Associate
                                                hours.                                                  Request
                                                                                                                                                              General Counsel, Eric.Raudenbush@
                                                4. AMC Recordkeeping Requirements                       AGENCY:  Federal Housing Finance                      fhfa.gov, (202) 649–3084 (these are not
                                                (IC #4)                                                 Agency.                                               toll-free numbers); Federal Housing
                                                                                                        ACTION: 60-day notice of submission of                Finance Agency, 400 Seventh Street
                                                   The burden for recordkeeping by                                                                            SW, Washington, DC 20219. The
                                                AMCs of written notices of appraiser                    information collection for approval from
                                                                                                        Office of Management and Budget.                      Telecommunications Device for the
                                                removal from a network or panel is                                                                            Hearing Impaired is (800) 877–8339.
                                                estimated to be equal to the number of                  SUMMARY:   In accordance with the                     SUPPLEMENTARY INFORMATION: The
                                                appraisers who leave the profession per                 requirements of the Paperwork
                                                year multiplied by the estimated                                                                              Federal Housing Finance Agency
                                                                                                        Reduction Act of 1995 (PRA), the                      (FHFA) is seeking comments on its
                                                percentage of appraisers who work for                   Federal Housing Finance Agency (FHFA
                                                AMCs, then multiplied by burden hours                                                                         collection of information regarding the
                                                                                                        or the Agency) is seeking public                      minority and gender classification of
                                                per notice. As described above, 30                      comments concerning an information
                                                percent of the burden hours are then                                                                          individuals serving on the boards of
                                                                                                        collection known as ‘‘Minority and                    directors of the Federal Home Loan
                                                assigned to each of the FDIC, OCC, and                  Women Inclusion,’’ which has been
                                                Board, while 10 percent are assigned to                                                                       Bank (Banks) and of the Office of
                                                                                                        assigned control number 2590–0014 by                  Finance under FHFA’s regulations on
                                                FHFA.                                                   the Office of Management and Budget
                                                   The number of appraisers who leave                                                                         Minority and Women Inclusion (MWI),
                                                                                                        (OMB). FHFA intends to submit the                     codified at 12 CFR part 1223, which it
                                                an AMC annually, either by resigning,                   information collection to OMB for
                                                being laid off, or having their licenses                                                                      will soon be submitting for renewal of
                                                                                                        review and approval of a three-year                   the OMB control number under the
                                                revoked or surrendered, is estimated to                 extension of the control number, which
                                                be 9,881. The burden estimate of 0.08                                                                         PRA.
                                                                                                        is due to expire on July 31, 2018.
                                                hours per notice is unchanged from the                                                                        A. Need for and Use of the Information
                                                                                                        DATES: Interested persons may submit
                                                estimate provided for the currently-                                                                          Collection
                                                                                                        comments on or before July 16, 2018.
                                                approved ICR. Therefore, the estimated
                                                                                                        ADDRESSES: Submit comments to FHFA,                      The Federal Home Loan Bank System
                                                total hour burden is: 9,881 notices ×
                                                                                                        identified by ‘‘Proposed Collection;                  consists of eleven regional Banks and
                                                0.08 hours = 790 hours (rounded to the
                                                                                                        Comment Request: ‘Minority and                        the Office of Finance, which issues and
                                                nearest whole number). The estimated
                                                                                                        Women Inclusion, (No. 2018–N–06)’ ’’                  services the Banks’ debt securities. The
                                                burden hours attributable to FHFA are
                                                                                                        by any of the following methods:                      Banks are wholesale financial
                                                790 hours × 10 percent = 79 hours.
                                                                                                           • Agency website: www.fhfa.gov/                    institutions, organized under authority
                                                C. Comments Request                                     open-for-comment-or-input.                            of the Federal Home Loan Bank Act
                                                  FHFA requests written comments on                        • Federal eRulemaking Portal: http://              (Bank Act) to serve the public interest
                                                the following: (1) Whether the collection               www.regulations.gov. Follow the                       by enhancing the availability of
                                                                                                                                                              residential housing finance and
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                                                                                                        instructions for submitting comments. If
                                                  18 The number of states includes all U.S. states,     you submit your comment to the                        community lending credit through their
                                                territories, and districts to include: The              Federal eRulemaking Portal, please also               member institutions and, to a limited
                                                Commonwealth of the Northern Mariana Islands;           send it by email to FHFA at                           extent, through certain eligible non-
                                                the District of Columbia; Guam; Puerto Rico; and                                                              member entities. Each Bank is
                                                the U.S. Virgin Islands.
                                                                                                        RegComments@fhfa.gov to ensure
                                                  19 The CFPB conducted a survey of 9 AMCs in           timely receipt by the agency.                         structured as a regional cooperative that
                                                2013 regarding the provisions in the regulation and        • Mail/Hand Delivery: Federal                      is owned and controlled by member
                                                the related PRA burden.                                 Housing Finance Agency, Eighth Floor,                 financial institutions located within its


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Document Created: 2018-11-02 09:13:26
Document Modified: 2018-11-02 09:13:26
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
Action60-Day notice of submission of information collection for approval from Office of Management and Budget.
DatesInterested persons may submit comments on or before July 16, 2018.
ContactRobert Witt, Senior Policy Analyst, Office of Housing and Regulatory Policy, by email at [email protected] or by telephone at (202) 649-3128; or Eric Raudenbush, Associate General Counsel, [email protected], (202) 649-3084 (these are not toll-free numbers); Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219. The Telecommunications Device for the Hearing Impaired is (800) 877-8339.
FR Citation83 FR 22681 

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