83_FR_37078 83 FR 36931 - Proposed Collection; Comment Request

83 FR 36931 - Proposed Collection; Comment Request

FEDERAL HOUSING FINANCE AGENCY

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range36931-36935
FR Document2018-16350

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 147 (Tuesday, July 31, 2018)
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Notices]
[Pages 36931-36935]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16350]


=======================================================================
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FEDERAL HOUSING FINANCE AGENCY

[No. 2018-N-08]


Proposed Collection; Comment Request

AGENCY: Federal Housing Finance Agency.

ACTION: 30-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.

DATES: Interested persons may submit comments on or before August 30, 
2018.

ADDRESSES: Submit comments to the Office of Information and Regulatory 
Affairs of the Office of Management and Budget, Attention: Desk Officer 
for the Federal Housing Finance Agency, Washington, DC 20503, Fax: 
(202) 395-3047, Email: [email protected]. Please also submit 
comments to FHFA, identified by ``Proposed Collection; Comment Request: 
`Minimum Requirements for Appraisal Management Companies, (No. 2018-N-
08)''' 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-08).''
    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 through the electronic 
comment docket for this PRA Notice also located on the FHFA website.

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.

[[Page 36932]]

    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, the Federal Deposit Insurance Corporation (FDIC), the 
Office of the Comptroller of the Currency (OCC), the Board of Governors 
of the Federal Reserve System (Board), the Bureau of Consumer Financial 
Protection (Bureau), and FHFA (collectively, the Agencies) jointly 
issued regulations \1\ to implement provisions of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Dodd-Frank Act) relating to 
the eligibility of appraisal management companies (AMCs) to provide 
appraisal management services for real estate related financial 
transactions that are engaged in, contracted for, or regulated by a 
``federal financial institutions regulatory agency'' or the Resolution 
Trust Corporation (``Federally related transactions'').\2\ Generally, 
these statutory provisions provide that an AMC either be registered 
with a state's appraiser certifying and licensing agency or be subject 
to oversight by a federal financial institutions regulatory agency in 
order to participate in a Federally related transaction.\3\
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    \1\ See 80 FR 32658 (June 9, 2015). 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. 3350(4), (5). ``Federal financial institutions 
regulatory agency'' includes the FDIC, OCC, Board, and National 
Credit Union Administration. See 12 U.S.C. 3350(6).
    \3\ Section 1117 of the Financial Institutions Reform, Recovery, 
and Enforcement Act of 1989 (FIRREA), 12 U.S.C. 3346, permits states 
to establish an appraiser certifying and licensing agency ``to 
assure the availability of State certified and licensed appraisers 
for the performance in a State of appraisals in federally related 
transactions and to assure effective supervision of the activities 
of certified and licensed appraisers.'' The Dodd-Frank Act amended 
section 1117 to provide that the duties of a state appraiser 
certifying and licensing agency may also include the registration 
and supervision of AMCs. Although states are not required by federal 
law to register and supervise AMCs, or even to establish an 
appraiser certifying and licensing agency, an AMC that is not 
registered with such a state agency (except for those regulated by a 
federal financial institutions regulatory agency) may not 
participate in a federally-related transaction in that state. See 12 
U.S.C. 3353(f)(1).
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    As required by the Dodd-Frank Act provisions, the Agencies' joint 
AMC regulations establish minimum requirements for the registration and 
supervision of AMCs to be applied by states that have elected to 
establish an appraiser certifying and licensing agency with authority 
to register and supervise AMCs (participating states).\4\ The joint 
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 a national registry of AMCs (AMC National 
Registry or Registry).\5\ 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) ;\6\ or (2) registered with, and subject to supervision 
of, a state appraiser certifying and licensing agency. 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.\7\
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    \4\ See 12 CFR 1222.23.
    \5\ See 12 U.S.C. 3353(e).
    \6\ See 12 CFR 1222.21(k) (defining ``Federally regulated 
AMC'').
    \7\ See 12 CFR 1222.20 through 1222.26. For clarity, the 
regulatory citations in this notice are to FHFA's version of the 
joint regulations only.
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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.\8\
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    \8\ 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 laws, regulations, or orders, 
and disciplinary and enforcement actions to the ASC.\9\
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    \9\ 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.\10\
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    \10\ 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) through (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 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.\11\ 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.\12\ 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

[[Page 36933]]

Registry fee, and information regarding compliance with the ownership 
restrictions described above.\13\
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    \11\ See 12 CFR 1222.24(a) and 1222.25(b).
    \12\ See 12 CFR 1222.24(b).
    \13\ 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.\14\ 
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.\15\ The AMC would retain these notices in its files.
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    \14\ See 12 CFR 1222.21(c)(iii).
    \15\ See 12 CFR 1222.22(b).
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B. Burden Estimate

    FHFA's burden estimates for the information collections described 
above appear below. The estimates below remain the same as those set 
forth in the 60-day notice, despite one commenter's assertion that some 
of the assumptions underlying those burden estimates are incorrect. 
Those assertions and FHFA's responses are addressed below in section C 
of the notice.
    There is no change in the existing 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'' \16\ 
and that, of those 200 AMCs, approximately 120 are federally regulated 
and approximately 80 are non-federally regulated.\17\ 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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    \16\ In FHFA's regulations, this definition is set forth at 12 
CFR 1222.21(c).
    \17\ FHFA anticipates that 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 AMC 
National Registry becomes fully operational in 2020.
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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 estimates are based are 
described below.

1. State Reporting Requirements (IC #1)

    The total estimated burden hours for states 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.\18\ 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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    \18\ 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.\19\ 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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    \19\ 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 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.\20\ As discussed above, 5 states do not have AMC registration 
or

[[Page 36934]]

oversight programs. According to the Consumer Financial Protection 
Bureau (CFPB), the average AMC operates in 19.56 states.\21\ 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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    \20\ 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.
    \21\ 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. Response to Comments Received

    In accordance with the requirements of 5 CFR 1320.8(d), FHFA 
published an initial notice and request for comments regarding the 
renewal of the PRA clearance for this information collection in the 
Federal Register on May 16, 2018 (``60-day notice'').\22\ The 60-day 
comment period closed on July 16, 2018. FHFA received two comments.
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    \22\ See 83 FR 22681 (May 16, 2018).
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    One comment letter, from an individual, asserted that this 
collection of information is not necessary for the proper performance 
of FHFA functions because ``there is currently too much oversight which 
cost excessive amounts of money'' and that those costs are ``passed 
down to the consumers through the AMCs to cover costs to maintain 
regulatory compliance.'' Because these comments relate to regulatory 
burden generally and not to the collection of information under the 
joint AMC regulation, FHFA has not addressed them in this notice.
    The second comment letter, from a trade association representing 
AMCs, addressed a number of issues relating to the collection of 
information under the joint AMC regulation. First, the commenter stated 
that the collection of information is ``necessary'' and has ``practical 
utility,'' but ``only to the extent that the information collected 
serves the proper purpose to promote appraiser independence while 
ensuring a healthy real estate valuation market.'' FHFA disagrees with 
the commenter's implication that the ``proper purpose'' of the 
collection of information under the joint AMC regulations is limited to 
the promotion of appraiser independence. In fact, as required by 
statute, the AMC regulations address all issues on which the Agencies 
were required to promulgate regulations--including minimum requirements 
for registration of AMCs in participating states,\23\ registration 
limitations for AMCs,\24\ and the reporting of information by AMCs to 
the ASC \25\--and not merely the promotion of appraiser independence. 
The collection of information is necessary for implementation of those 
requirements. To the extent that the commenter disagrees with the scope 
and requirements of the joint AMC regulations, FHFA notes that those 
regulations may not be rescinded or revised through the PRA renewal 
process.
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    \23\ See 12 U.S.C. 3353(a).
    \24\ See 12 U.S.C. 3353(d).
    \25\ See 12 U.S.C. 3353(e).
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    The second comment letter also questioned the accuracy of FHFA's 
estimates of the burdens of the collection of information. Asserting 
that the Agencies' estimate that there are 200 AMCs currently operating 
in the U.S. is too low, the commenter stated, without providing any 
further information or support, that ``industry estimates'' as to the 
number of AMCs ``are closer to 400.'' As stated in the 60-day notice, 
because the actual number of AMCs is not currently known and will not 
be known until the AMC National Registry is fully operational in 2020, 
the Agencies made a best guess that 200 entities currently qualify as 
an AMC, as that term is defined under the joint AMC regulations.\26\ 
Because the commenter has provided no support for its assertion 
regarding the current number of AMCs subject to the joint regulations, 
FHFA's estimate as to that number remains unchanged.
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    \26\ The joint regulations define ``appraisal management 
company'' generally to mean an entity that: (1) Provides appraisal 
management services (for example, maintaining a panel of certified 
and licensed appraisers to perform appraisals, managing the process 
of having an appraisal performed, collecting fees, and paying 
appraisers) to creditors or to secondary mortgage market 
participants; (2) provides such services in connection with valuing 
a consumer's primary dwelling as security for a consumer credit 
transaction or incorporating such transactions into securitizations; 
and (3) 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 12-month period. See 12 CFR 1222.21(c)(1).
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    The commenter further asserted that, contrary to the Agencies' 
estimates that 60 percent of existing AMCs (or 120 out of 200) are 
federally regulated, it knows of only one federally regulated AMC in 
existence. As with respect to the total number of AMCs, the Agencies 
made a best guess estimate as to the relative number of federally 
regulated and non-federally-regulated AMCs in the absence of any 
available empirical data on this issue pending completion of the AMC 
National Registry. As explained above, that estimate has no bearing on 
the Agencies' estimates as to the total amount of burden imposed by the 
collections of information under the joint AMC regulations, but relates 
only to the appropriate distribution among the rulemaking Agencies of 
responsibility (under the PRA) for a portion of the total estimated 
burden. Given this, and the lack of support provided by the commenter 
for its estimate as to the actual number of federally regulated AMCs, 
FHFA's estimate as to the relative number remains unchanged from that 
reflected in the 60-day notice.
    Other issues addressed in the second comment letter, including 
recommendations that the ASC issue additional guidance to states and 
AMCs concerning the AMC minimum requirements, find opportunities to 
develop reporting efficiencies in the state licensing system, and be 
more aggressive in supporting modernization of the outdated National 
Appraiser Registry do not relate to the collection of information under 
the joint AMC regulation. The Agencies, however, will forward these 
suggestions to the ASC for consideration.

D. Comments Request

    In accordance with the requirements of 5 CFR 1320.10(a), FHFA is 
publishing

[[Page 36935]]

this second notice to request comments regarding 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: July 26, 2018.
Kevin Winkler,
Chief Information Officer, Federal Housing Finance Agency.
[FR Doc. 2018-16350 Filed 7-30-18; 8:45 am]
 BILLING CODE 8070-01-P



                                                                               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices                                          36931

                                                  Title: Accelerating Wireline                          under section 251(c)(5) of the Act,                   extension of the control number, which
                                               Broadband Deployment by Removing                         pertaining to network change                          is due to expire on July 31, 2018.
                                               Barriers to Infrastructure Investment,                   disclosures. Most of the changes to                   DATES: Interested persons may submit
                                               GN Docket No. 17–84.                                     those rules applied specifically to a                 comments on or before August 30, 2018.
                                                  Form Number(s): N/A.                                  certain subset of network change                      ADDRESSES: Submit comments to the
                                                  Type of Review: Revision of a                         disclosures, namely notices of planned                Office of Information and Regulatory
                                               currently approved collection.                           copper retirements. In addition, the                  Affairs of the Office of Management and
                                                  Respondents: Business or other for-                   changes removed a rule that prohibits                 Budget, Attention: Desk Officer for the
                                               profit entities.                                         incumbent LECs from engaging in useful                Federal Housing Finance Agency,
                                                  Number of Respondents and                             advanced coordination with entities                   Washington, DC 20503, Fax: (202) 395–
                                               Responses: 5,357 respondents; 573,928                    affected by network changes. In June                  3047, Email: OIRA_submission@
                                               responses.                                               2018, the Commission revised its                      omb.eop.gov. Please also submit
                                                  Estimated Time per Response: 0.5–4.5                  network change disclosure rules to (1)                comments to FHFA, identified by
                                               hours.                                                   revise the types of network changes that
                                                  Frequency of Response: On occasion                                                                          ‘‘Proposed Collection; Comment
                                                                                                        trigger an incumbent LEC’s public                     Request: ‘Minimum Requirements for
                                               reporting requirements; recordkeeping                    notice obligation, and (2) extend the
                                               and third-party disclosure requirements.                                                                       Appraisal Management Companies, (No.
                                                                                                        force majeure provisions applicable to                2018–N–08)’’’ by any of the following
                                                  Obligation to Respond: Required to
                                                                                                        copper retirements to all types of                    methods:
                                               obtain or retain benefits. Statutory
                                               authority for this information collection
                                                                                                        network changes. The changes are                         • Agency Website: www.fhfa.gov/
                                                                                                        aimed at removing unnecessary                         open-for-comment-or-input.
                                               is contained in 47 U.S.C. 222 and 251.
                                                  Total Annual Burden: 575,448 hours.                   regulatory barriers to the deployment of                 • Federal eRulemaking Portal: http://
                                                  Total Annual Cost: No cost.                           high-speed broadband networks. The                    www.regulations.gov. Follow the
                                                  Privacy Act Impact Assessment: No                     Commission estimates that these                       instructions for submitting comments. If
                                               impact(s).                                               revisions do not result in any change to              you submit your comment to the
                                                  Nature and Extent of Confidentiality:                 the total annual burden hours or any                  Federal eRulemaking Portal, please also
                                               The Commission is not requesting that                    additional outlays of funds for hiring                send it by email to FHFA at
                                               the respondents submit confidential                      outside contractors or procuring                      RegComments@fhfa.gov to ensure
                                               information to the FCC. Respondents                      equipment as the changes eliminate                    timely receipt by the Agency.
                                               may, however, request confidential                       notices that are subsumed by notice                      • Mail/Hand Delivery: Federal
                                               treatment for information they believe to                obligations that remain in force or                   Housing Finance Agency, Eighth Floor,
                                               be confidential under 47 CFR 0.459 of                    simply codify procedures available to a               400 Seventh Street SW, Washington, DC
                                               the Commission’s rules.                                  small number of incumbent LECs by                     20219, ATTENTION: Proposed
                                                  Needs and Uses: Section 251 of the                    waiver orders.                                        Collection; Comment Request:
                                               Communications Act of 1934, as                           Federal Communications Commission.                    ‘‘Minimum Requirements for Appraisal
                                               amended, 47 U.S.C. 251, is designed to                                                                         Management Companies, (No. 2018–N–
                                                                                                        Marlene Dortch,
                                               accelerate private sector development                                                                          08).’’
                                                                                                        Secretary, Office of the Secretary.                      We will post all public comments we
                                               and deployment of telecommunications                     [FR Doc. 2018–16300 Filed 7–30–18; 8:45 am]
                                               technologies and services by spurring                                                                          receive without change, including any
                                               competition. Section 222(e) is also
                                                                                                        BILLING CODE 6712–01–P                                personal information you provide, such
                                               designed to spur competition by                                                                                as your name and address, email
                                               prescribing requirements for the sharing                                                                       address, and telephone number, on the
                                               of subscriber list information. These                    FEDERAL HOUSING FINANCE                               FHFA website at http://www.fhfa.gov. In
                                               information collection requirements are                  AGENCY                                                addition, copies of all comments
                                               designed to help implement certain                                                                             received will be available for
                                               provisions of sections 222(e) and 251,                   [No. 2018–N–08]                                       examination by the public through the
                                               and to eliminate operational barriers to                                                                       electronic comment docket for this PRA
                                                                                                        Proposed Collection; Comment                          Notice also located on the FHFA
                                               competition in the telecommunications
                                                                                                        Request                                               website.
                                               services market. Specifically, these
                                               information collection requirements                      AGENCY:  Federal Housing Finance                      FOR FURTHER INFORMATION CONTACT:
                                               will be used to implement (1) local                      Agency.                                               Robert Witt. Senior Policy Analyst,
                                               exchange carriers’ (‘‘LECs’’) obligations                ACTION: 30-Day notice of submission of                Office of Housing and Regulatory
                                               to provide their competitors with                        information collection for approval from              Policy, by email at Robert.Witt@fhfa.gov
                                               dialing parity and non-discriminatory                    Office of Management and Budget.                      or by telephone at (202) 649–3128; or
                                               access to certain services and                                                                                 Eric Raudenbush, Associate General
                                               functionalities; (2) incumbent local                     SUMMARY:   In accordance with the                     Counsel, Eric.Raudenbush@fhfa.gov,
                                               exchange carriers’ (‘‘ILECs’’) duty to                   requirements of the Paperwork                         (202) 649–3084 (these are not toll-free
                                               make network information disclosures;                    Reduction Act of 1995 (PRA), the                      numbers); Federal Housing Finance
                                               and (3) numbering administration. The                    Federal Housing Finance Agency (FHFA                  Agency, 400 Seventh Street SW,
                                               revisions to this collection relate to                   or the Agency) is seeking public                      Washington, DC 20219. The
                                               changes in one of many components of                     comments concerning an information                    Telecommunications Device for the
                                               the currently approved collection—                       collection known as ‘‘Minimum                         Hearing Impaired is (800) 877–8339.
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                                               specifically, certain reporting,                         Requirements for Appraisal                            SUPPLEMENTARY INFORMATION: FHFA is
                                               recordkeeping and/or third-party                         Management Companies,’’ which has                     seeking comments on its upcoming
                                               disclosure requirements under section                    been assigned control number 2590–                    request to OMB to renew the PRA
                                               251(c)(5). In November 2017, the                         0013 by the Office of Management and                  clearance for the following collection of
                                               Commission adopted new rules                             Budget (OMB). FHFA intends to submit                  information:
                                               concerning certain information                           the information collection to OMB for                    Title: Minimum requirements for
                                               collection requirements implemented                      review and approval of a three-year                   appraisal management companies.


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                                               36932                           Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices

                                                 OMB Number: 2590–0013.                                 The joint regulations also implement the                  laws, regulations, or orders, and
                                                 Affected Public: Participating States                  statutory requirement that states report                  disciplinary and enforcement actions to
                                               and State-registered Appraisal                           to the Appraisal Subcommittee (ASC) of                    the ASC.9
                                               Management Companies.                                    the Federal Financial Institutions                           The regulation requires each
                                                                                                        Examination Council (FFIEC) the                           participating state to impose
                                               A. Need for and Use of the Information
                                                                                                        information required by the ASC to                        requirements on AMCs that are not
                                               Collection
                                                                                                        administer a national registry of AMCs                    federally regulated (non-federally
                                                  In 2015, the Federal Deposit                          (AMC National Registry or Registry).5                     regulated AMCs) to: (i) Register with
                                               Insurance Corporation (FDIC), the Office                 When fully established, the AMC                           and be subject to supervision by a state
                                               of the Comptroller of the Currency                       National Registry will include AMCs                       appraiser certifying and licensing
                                               (OCC), the Board of Governors of the                     that are either: (1) Subsidiaries owned                   agency in each state in which the AMC
                                               Federal Reserve System (Board), the                      and controlled by an insured depository                   operates; (ii) use only state-certified or
                                               Bureau of Consumer Financial                             institution (as defined in 12 U.S.C.                      state-licensed appraisers for federally
                                               Protection (Bureau), and FHFA                            1813) and regulated by either the FDIC,                   regulated transactions in conformity
                                               (collectively, the Agencies) jointly                     OCC, or Board (federally regulated                        with any federally regulated transaction
                                               issued regulations 1 to implement                        AMCs) ;6 or (2) registered with, and                      regulations; (iii) establish and comply
                                               provisions of the Dodd-Frank Wall                        subject to supervision of, a state                        with processes and controls reasonably
                                               Street Reform and Consumer Protection                    appraiser certifying and licensing                        designed to ensure that the AMC, in
                                               Act (Dodd-Frank Act) relating to the                     agency. FHFA’s AMC regulation,                            engaging an appraiser, selects an
                                               eligibility of appraisal management                      located at Subpart B of 12 CFR part                       appraiser who is independent of the
                                               companies (AMCs) to provide appraisal                    1222, is substantively identical to the                   transaction and who has the requisite
                                               management services for real estate                      AMC regulations of the FDIC, OCC, and                     education, expertise, and experience
                                               related financial transactions that are                  Board and contains the recordkeeping                      necessary to competently complete the
                                               engaged in, contracted for, or regulated                 and reporting requirements described                      appraisal assignment for the particular
                                               by a ‘‘federal financial institutions                    below.7                                                   market and property type; (iv) direct the
                                               regulatory agency’’ or the Resolution                                                                              appraiser to perform the assignment in
                                               Trust Corporation (‘‘Federally related                   1. State Reporting Requirements (IC #1)                   accordance with the Uniform Standards
                                               transactions’’).2 Generally, these                          The regulation requires that each state                of Professional Appraisal Practice; and
                                               statutory provisions provide that an                     electing to register AMCs for purposes                    (v) establish and comply with processes
                                               AMC either be registered with a state’s                  of permitting AMCs to provide appraisal                   and controls reasonably designed to
                                               appraiser certifying and licensing                       management services relating to covered                   ensure that the AMC conducts its
                                               agency or be subject to oversight by a                   transactions in the state submit to the                   appraisal management services in
                                               federal financial institutions regulatory                ASC the information regarding such                        accordance with sections 129E(a)
                                               agency in order to participate in a                      AMCs required to be submitted by ASC                      through (i) of the Truth-in-Lending
                                               Federally related transaction.3                          regulations or guidance concerning                        Act.10
                                                  As required by the Dodd-Frank Act                     AMCs that operate in the state.8
                                               provisions, the Agencies’ joint AMC                                                                                3. AMC Reporting Requirements (IC #3)
                                               regulations establish minimum                            2. State Recordkeeping Requirements                          The regulation provides that an AMC
                                               requirements for the registration and                    (IC #2)                                                   may not be registered by a state or
                                               supervision of AMCs to be applied by                        States seeking to register AMCs must                   included on the AMC National Registry
                                               states that have elected to establish an                 have an AMC registration and                              if the company is owned, directly or
                                               appraiser certifying and licensing                       supervision program. The regulation                       indirectly, by any person who has had
                                               agency with authority to register and                    requires each participating state to                      an appraiser license or certificate
                                               supervise AMCs (participating states).4                  establish and maintain within its                         refused, denied, cancelled, surrendered
                                                                                                        appraiser certifying and licensing                        in lieu of revocation, or revoked in any
                                                  1 See 80 FR 32658 (June 9, 2015). By agreement,       agency a registration and supervision                     state for a substantive cause.11 The
                                               the responsibility for clearance under the PRA of        program with the legal authority and                      regulation also provides that an AMC
                                               information collections contained in the joint
                                               regulations is shared only by the FDIC, OCC, Board,      mechanisms to: (i) Review and approve                     may not be registered by a state if any
                                               and FHFA.                                                or deny an application for initial                        person that owns 10 percent or more of
                                                  2 See 12 U.S.C. 3350(4), (5). ‘‘Federal financial     registration; (ii) periodically review and                the AMC fails to submit to a background
                                               institutions regulatory agency’’ includes the FDIC,      renew, or deny renewal of, an AMC’s                       investigation carried out by the state
                                               OCC, Board, and National Credit Union
                                               Administration. See 12 U.S.C. 3350(6).
                                                                                                        registration; (iii) examine an AMC’s                      appraiser certifying and licensing
                                                  3 Section 1117 of the Financial Institutions          books and records and require the                         agency.12 Thus, each AMC registering
                                               Reform, Recovery, and Enforcement Act of 1989            submission of reports, information, and                   with a state must provide information to
                                               (FIRREA), 12 U.S.C. 3346, permits states to              documents; (iv) verify an AMC’s panel                     the state on compliance with those
                                               establish an appraiser certifying and licensing
                                               agency ‘‘to assure the availability of State certified
                                                                                                        members’ certifications or licenses; (v)                  ownership restrictions. Further, the
                                               and licensed appraisers for the performance in a         investigate and assess potential                          regulation requires that a federally
                                               State of appraisals in federally related transactions    violations of laws, regulations, or                       regulated AMC report to the state or
                                               and to assure effective supervision of the activities    orders; (vi) discipline, suspend,                         states in which it operates the
                                               of certified and licensed appraisers.’’ The Dodd-
                                               Frank Act amended section 1117 to provide that the       terminate, or deny registration renewals                  information required to be submitted by
                                               duties of a state appraiser certifying and licensing     of AMCs that violate laws, regulations,                   the state pursuant to the ASC’s policies,
                                               agency may also include the registration and             or orders; and (vii) report violations of                 including policies regarding the
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                                               supervision of AMCs. Although states are not
                                               required by federal law to register and supervise
                                                                                                                                                                  determination of the AMC National
                                                                                                             5 See
                                                                                                                 12 U.S.C. 3353(e).
                                               AMCs, or even to establish an appraiser certifying
                                                                                                             6 See
                                                                                                                 12 CFR 1222.21(k) (defining ‘‘Federally            9 See  12 CFR 1222.23(a).
                                               and licensing agency, an AMC that is not registered
                                               with such a state agency (except for those regulated     regulated AMC’’).                                           10 See  12 CFR 1222.23(b). Sections 129E(a)
                                               by a federal financial institutions regulatory agency)     7 See 12 CFR 1222.20 through 1222.26. For               through (i) of the Truth-in-Lending Act are located
                                               may not participate in a federally-related               clarity, the regulatory citations in this notice are to   at 15 U.S.C. 1639e(a) through (i).
                                               transaction in that state. See 12 U.S.C. 3353(f)(1).     FHFA’s version of the joint regulations only.                11 See 12 CFR 1222.24(a) and 1222.25(b).
                                                  4 See 12 CFR 1222.23.                                   8 See 12 CFR 1222.26.                                      12 See 12 CFR 1222.24(b).




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                                                                               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices                                                    36933

                                               Registry fee, and information regarding                  the insured depository institutions                   all 50 U.S. states as well as the
                                               compliance with the ownership                            regulated by the OCC, FDIC, and Board,                Commonwealth of the Northern Mariana
                                               restrictions described above.13                          none of FHFA’s regulated entities owns                Islands, the District of Columbia, Guam,
                                                                                                        or controls an AMC or, by law, could                  Puerto Rico, and the U.S. Virgin
                                               4. AMC Recordkeeping Requirements
                                                                                                        ever own or control an AMC.                           Islands.18 The burden estimate of 1 hour
                                               (IC #4)
                                                                                                        Accordingly, the Agencies have agreed                 per report is unchanged from the
                                                  An entity meets the definition of an                  that responsibility for the burdens                   estimate provided for the currently-
                                               AMC that is subject to the requirements                  arising from reporting and                            approved ICR. Therefore, the estimated
                                               of the AMC regulation if, among other                    recordkeeping requirements imposed                    total state reporting burden attributable
                                               things, it oversees an appraiser panel of                upon federally regulated AMCs are to be               to all of the Agencies is: 55 states × 1
                                               more than 15 state-certified or state-                   split evenly among the OCC, FDIC, and                 hour/state = 55 hours. The estimated
                                               licensed appraisers in a state, or 25 or                 Board (i.e., the equivalent of 40                     burden hours attributable to FHFA are
                                               more state-certified or state-licensed                   federally regulated AMCs for each                     55 hours × 25 percent = 14 hours
                                               appraisers in two or more states, within                 agency) and that FHFA will not include                (rounded to the nearest whole number).
                                               a given 12-month period.14 For                           those burdens in its totals. The four
                                               purposes of determining whether a                                                                              2. State Recordkeeping Requirements
                                                                                                        Agencies have agreed to split the total
                                               company qualifies as an AMC under                                                                              (IC #2)
                                                                                                        burdens imposed upon participating
                                               that definition, the regulation provides                 states and upon non-federally regulated                  The estimated burden hours on
                                               that an appraiser in an AMC’s network                    AMCs evenly between them (i.e., by                    participating states for developing and
                                               or panel is deemed to remain on the                      taking responsibility for 25 percent of               maintaining an AMC licensing program
                                               network or panel until: (i) The AMC                      the burden per agency or, in the case of              is calculated by multiplying the number
                                               sends a written notice to the appraiser                  non-federally regulated AMCs, the                     of states without a registration and
                                               removing the appraiser with an                           equivalent of 20 such AMCs for each                   licensing program by the hour burden to
                                               explanation; or (ii) receives a written                  agency).                                              develop the system. The total burden
                                               notice from the appraiser asking to be                     Thus, for ICs #1 and #2, which relate               hours are then equally divided among
                                               removed or a notice of the death or                      to reporting and recordkeeping                        the FDIC, OCC, Board, and FHFA.
                                               incapacity of the appraiser.15 The AMC                   requirements imposed upon                             According to the Appraisal Institute, as
                                               would retain these notices in its files.                 participating states, each agency is                  of July 26, 2017, there were 5 states that
                                               B. Burden Estimate                                       responsible for 25 percent of the total               had not developed a system to register
                                                                                                        estimated burden. For ICs #3 and #4,                  and oversee AMCs.19 The burden
                                                 FHFA’s burden estimates for the
                                                                                                        which relate to reporting and                         estimate of 40 hours per state without a
                                               information collections described above
                                                                                                        recordkeeping requirements imposed                    registration system is unchanged from
                                               appear below. The estimates below
                                                                                                        upon both federally regulated AMCs                    the estimate provided for the currently-
                                               remain the same as those set forth in the
                                                                                                        and non-federally regulated AMCs, the                 approved ICR. Therefore, the total
                                               60-day notice, despite one commenter’s
                                                                                                        OCC, FDIC, and Board are each                         estimated burden attributable to all of
                                               assertion that some of the assumptions
                                                                                                        responsible for the burden imposed                    the Agencies is: 5 states × 40 hours/state
                                               underlying those burden estimates are
                                               incorrect. Those assertions and FHFA’s                   upon a total of 60 AMCs (40 federally                 = 200 hours. The estimated burden
                                               responses are addressed below in                         regulated plus 20 non-federally                       hours attributable to FHFA are 200
                                               section C of the notice.                                 regulated), or 30 percent of the total                hours × 25 percent = 50 hours.
                                                 There is no change in the existing                     burden, while FHFA is responsible only                3. AMC Reporting Requirements (IC #3)
                                               methodology or substance of this                         for the burden imposed upon 20 non-
                                                                                                        federally regulated AMCs, or 10 percent                  The burden for AMC reporting
                                               information collection. For the
                                                                                                        of the total burden.                                  requirements for information needed to
                                               information collections described above,
                                                                                                          The Agencies estimate the total                     determine the AMC National Registry
                                               the general methodology is to compute
                                                                                                        annualized hour burden placed on                      fee and information regarding
                                               the industry wide burden hours for
                                                                                                        respondents by the information                        compliance with the AMC ownership
                                               participating states and AMCs and then
                                                                                                        collection in the joint AMC regulations               restrictions is calculated by multiplying
                                               assign a share of the burden hours to
                                                                                                        to be 1,445 hours. FHFA estimates its                 the number of AMCs by the frequency
                                               each of the Agencies for each
                                                                                                        share of the hour burden to be 183                    of response and then by the burden per
                                               information collection.
                                                 As noted above, each of the Agencies’                  hours. The calculations on which those                response. As described above, 30
                                               AMC regulations contains reporting and                   estimates are based are described below.              percent of the burden hours are then
                                               recordkeeping requirements applying to                                                                         assigned to each of the FDIC, OCC, and
                                                                                                        1. State Reporting Requirements (IC #1)               Board, while 10 percent are assigned to
                                               participating states and to both federally
                                               regulated and non-federally regulated                      The total estimated burden hours for                FHFA.
                                               AMCs. The Agencies have estimated                        states reporting to the ASC are                          The frequency of response is
                                               that approximately 200 entities meet the                 calculated by multiplying the number of               estimated as the number of states that
                                               regulatory definition of an ‘‘appraisal                  states by the hour burden per state. The              do not have an AMC registration
                                               management company’’ 16 and that, of                     burden hours are then divided equally                 program in which the average AMC
                                                                                                        among the FDIC, OCC, Board, and                       operates.20 As discussed above, 5 states
                                               those 200 AMCs, approximately 120 are
                                               federally regulated and approximately                    FHFA, with each agency responsible for                do not have AMC registration or
                                               80 are non-federally regulated.17 Unlike                 25 percent of the total. For purposes of
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                                                                                                                                                                18 See  12 CFR 1222.21(o).
                                                                                                        this calculation, the number of states is               19 Appraisal  Institute ‘‘Enacted State AMC Laws,’’
                                                 13 See  12 CFR 1222.25(c).                             set at 55 which, in conformity with the               https://www.appraisalinstitute.org/advocacy/
                                                 14 See 12 CFR 1222.21(c)(iii).                         regulatory definition of ‘‘state,’’ includes          enacted-state-amc-laws1/.
                                                 15 See 12 CFR 1222.22(b).                                                                                      20 The number of states includes all U.S. states,
                                                 16 In FHFA’s regulations, this definition is set
                                                                                                        number of federally regulated and non-federally       territories, and districts to include: The
                                               forth at 12 CFR 1222.21(c).                              regulated AMCs will become available after the        Commonwealth of the Northern Mariana Islands;
                                                 17 FHFA anticipates that definitive information        AMC National Registry becomes fully operational in    the District of Columbia; Guam; Puerto Rico; and
                                               on the total number of AMCs and on the relative          2020.                                                 the U.S. Virgin Islands.



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                                               36934                           Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices

                                               oversight programs. According to the                     ‘‘passed down to the consumers through                     AMC regulations.26 Because the
                                               Consumer Financial Protection Bureau                     the AMCs to cover costs to maintain                        commenter has provided no support for
                                               (CFPB), the average AMC operates in                      regulatory compliance.’’ Because these                     its assertion regarding the current
                                               19.56 states.21 Therefore, the average                   comments relate to regulatory burden                       number of AMCs subject to the joint
                                               AMC operates in approximately 2 states                   generally and not to the collection of                     regulations, FHFA’s estimate as to that
                                               that do not have AMC registration                        information under the joint AMC                            number remains unchanged.
                                               systems: (5 states/55 states) × 19.56                    regulation, FHFA has not addressed                            The commenter further asserted that,
                                               states = 1.778 states, rounded to 2 states.              them in this notice.                                       contrary to the Agencies’ estimates that
                                               The burden estimate of one hour per                                                                                 60 percent of existing AMCs (or 120 out
                                                                                                           The second comment letter, from a                       of 200) are federally regulated, it knows
                                               response is unchanged from the
                                                                                                        trade association representing AMCs,                       of only one federally regulated AMC in
                                               estimate provided for the currently-
                                                                                                        addressed a number of issues relating to                   existence. As with respect to the total
                                               approved ICR. Therefore, the total
                                                                                                        the collection of information under the
                                               estimated hour burden is: 200 AMCs ×                                                                                number of AMCs, the Agencies made a
                                                                                                        joint AMC regulation. First, the
                                               2 states × 1 hour = 400 hours. The                                                                                  best guess estimate as to the relative
                                                                                                        commenter stated that the collection of                    number of federally regulated and non-
                                               estimated burden hours attributable to
                                                                                                        information is ‘‘necessary’’ and has
                                               FHFA are 400 hours × 10 percent = 40                                                                                federally-regulated AMCs in the absence
                                                                                                        ‘‘practical utility,’’ but ‘‘only to the                   of any available empirical data on this
                                               hours.
                                                                                                        extent that the information collected                      issue pending completion of the AMC
                                               4. AMC Recordkeeping Requirements                        serves the proper purpose to promote                       National Registry. As explained above,
                                               (IC #4)                                                  appraiser independence while ensuring                      that estimate has no bearing on the
                                                 The burden for recordkeeping by                        a healthy real estate valuation market.’’                  Agencies’ estimates as to the total
                                               AMCs of written notices of appraiser                     FHFA disagrees with the commenter’s                        amount of burden imposed by the
                                               removal from a network or panel is                       implication that the ‘‘proper purpose’’                    collections of information under the
                                               estimated to be equal to the number of                   of the collection of information under                     joint AMC regulations, but relates only
                                               appraisers who leave the profession per                  the joint AMC regulations is limited to                    to the appropriate distribution among
                                               year multiplied by the estimated                         the promotion of appraiser                                 the rulemaking Agencies of
                                               percentage of appraisers who work for                    independence. In fact, as required by                      responsibility (under the PRA) for a
                                               AMCs, then multiplied by burden hours                    statute, the AMC regulations address all                   portion of the total estimated burden.
                                               per notice. As described above, 30                       issues on which the Agencies were                          Given this, and the lack of support
                                               percent of the burden hours are then                     required to promulgate regulations—                        provided by the commenter for its
                                               assigned to each of the FDIC, OCC, and                   including minimum requirements for                         estimate as to the actual number of
                                               Board, while 10 percent are assigned to                  registration of AMCs in participating                      federally regulated AMCs, FHFA’s
                                               FHFA.                                                    states,23 registration limitations for                     estimate as to the relative number
                                                 The number of appraisers who leave                     AMCs,24 and the reporting of                               remains unchanged from that reflected
                                               an AMC annually, either by resigning,                    information by AMCs to the ASC 25—                         in the 60-day notice.
                                               being laid off, or having their licenses                 and not merely the promotion of                               Other issues addressed in the second
                                               revoked or surrendered, is estimated to                  appraiser independence. The collection                     comment letter, including
                                               be 9,881. The burden estimate of 0.08                    of information is necessary for                            recommendations that the ASC issue
                                               hours per notice is unchanged from the                   implementation of those requirements.                      additional guidance to states and AMCs
                                               estimate provided for the currently-                     To the extent that the commenter                           concerning the AMC minimum
                                               approved ICR. Therefore, the estimated                   disagrees with the scope and                               requirements, find opportunities to
                                               total hour burden is: 9,881 notices ×                    requirements of the joint AMC                              develop reporting efficiencies in the
                                               0.08 hours = 790 hours (rounded to the                   regulations, FHFA notes that those                         state licensing system, and be more
                                               nearest whole number). The estimated                     regulations may not be rescinded or                        aggressive in supporting modernization
                                               burden hours attributable to FHFA are                    revised through the PRA renewal                            of the outdated National Appraiser
                                               790 hours × 10 percent = 79 hours.                       process.                                                   Registry do not relate to the collection
                                                                                                                                                                   of information under the joint AMC
                                               C. Response to Comments Received                            The second comment letter also
                                                                                                                                                                   regulation. The Agencies, however, will
                                                                                                        questioned the accuracy of FHFA’s
                                                  In accordance with the requirements                                                                              forward these suggestions to the ASC for
                                                                                                        estimates of the burdens of the
                                               of 5 CFR 1320.8(d), FHFA published an                                                                               consideration.
                                                                                                        collection of information. Asserting that
                                               initial notice and request for comments                  the Agencies’ estimate that there are 200                  D. Comments Request
                                               regarding the renewal of the PRA                         AMCs currently operating in the U.S. is
                                               clearance for this information collection                                                                             In accordance with the requirements
                                                                                                        too low, the commenter stated, without                     of 5 CFR 1320.10(a), FHFA is publishing
                                               in the Federal Register on May 16, 2018                  providing any further information or
                                               (‘‘60-day notice’’).22 The 60-day                        support, that ‘‘industry estimates’’ as to                    26 The joint regulations define ‘‘appraisal
                                               comment period closed on July 16,                        the number of AMCs ‘‘are closer to                         management company’’ generally to mean an entity
                                               2018. FHFA received two comments.                        400.’’ As stated in the 60-day notice,                     that: (1) Provides appraisal management services
                                                  One comment letter, from an                           because the actual number of AMCs is                       (for example, maintaining a panel of certified and
                                               individual, asserted that this collection                                                                           licensed appraisers to perform appraisals, managing
                                                                                                        not currently known and will not be                        the process of having an appraisal performed,
                                               of information is not necessary for the
                                                                                                        known until the AMC National Registry                      collecting fees, and paying appraisers) to creditors
                                               proper performance of FHFA functions                                                                                or to secondary mortgage market participants; (2)
                                                                                                        is fully operational in 2020, the
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                                               because ‘‘there is currently too much                                                                               provides such services in connection with valuing
                                                                                                        Agencies made a best guess that 200                        a consumer’s primary dwelling as security for a
                                               oversight which cost excessive amounts
                                                                                                        entities currently qualify as an AMC, as                   consumer credit transaction or incorporating such
                                               of money’’ and that those costs are
                                                                                                        that term is defined under the joint                       transactions into securitizations; and (3) oversees an
                                                                                                                                                                   appraiser panel of more than 15 State-certified or
                                                 21 The CFPB conducted a survey of 9 AMCs in
                                                                                                                                                                   State-licensed appraisers in a State or 25 or more
                                                                                                             23 See 12 U.S.C. 3353(a).
                                               2013 regarding the provisions in the regulation and                                                                 State-certified or State-licensed appraisers in two or
                                               the related PRA burden.                                       24 See 12 U.S.C. 3353(d).                             more States within a 12-month period. See 12 CFR
                                                 22 See 83 FR 22681 (May 16, 2018).                          25 See 12 U.S.C. 3353(e).                             1222.21(c)(1).



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                                                                               Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Notices                                                 36935

                                               this second notice to request comments                   FEDERAL RESERVE SYSTEM                                225), and all other applicable statutes
                                               regarding the following: (1) Whether the                                                                       and regulations to become a bank
                                               collection of information is necessary                   Formations of, Acquisitions by, and                   holding company and/or to acquire the
                                               for the proper performance of FHFA                       Mergers of Bank Holding Companies                     assets or the ownership of, control of, or
                                               functions, including whether the                                                                               the power to vote shares of a bank or
                                                                                                          The companies listed in this notice
                                               information has practical utility; (2) the                                                                     bank holding company and all of the
                                                                                                        have applied to the Board for approval,
                                               accuracy of FHFA’s estimates of the                                                                            banks and nonbanking companies
                                                                                                        pursuant to the Bank Holding Company
                                               burdens of the collection of information;                                                                      owned by the bank holding company,
                                                                                                        Act of 1956 (12 U.S.C. 1841 et seq.)
                                               (3) ways to enhance the quality, utility,                                                                      including the companies listed below.
                                                                                                        (BHC Act), Regulation Y (12 CFR part                    The applications listed below, as well
                                               and clarity of the information collected;
                                                                                                        225), and all other applicable statutes               as other related filings required by the
                                               and (4) ways to minimize the burden of
                                                                                                        and regulations to become a bank                      Board, are available for immediate
                                               the collection of information on
                                                                                                        holding company and/or to acquire the                 inspection at the Federal Reserve Bank
                                               respondents, including through the use
                                                                                                        assets or the ownership of, control of, or            indicated. The applications will also be
                                               of automated collection techniques or
                                                                                                        the power to vote shares of a bank or                 available for inspection at the offices of
                                               other forms of information technology.
                                                                                                        bank holding company and all of the                   the Board of Governors. Interested
                                                 Dated: July 26, 2018.                                  banks and nonbanking companies                        persons may express their views in
                                               Kevin Winkler,                                           owned by the bank holding company,                    writing on the standards enumerated in
                                               Chief Information Officer, Federal Housing               including the companies listed below.                 the BHC Act (12 U.S.C. 1842(c)). If the
                                               Finance Agency.                                            The applications listed below, as well
                                                                                                                                                              proposal also involves the acquisition of
                                               [FR Doc. 2018–16350 Filed 7–30–18; 8:45 am]              as other related filings required by the
                                                                                                                                                              a nonbanking company, the review also
                                               BILLING CODE 8070–01–P                                   Board, are available for immediate
                                                                                                                                                              includes whether the acquisition of the
                                                                                                        inspection at the Federal Reserve Bank
                                                                                                                                                              nonbanking company complies with the
                                                                                                        indicated. The applications will also be
                                                                                                                                                              standards in section 4 of the BHC Act
                                                                                                        available for inspection at the offices of
                                                                                                                                                              (12 U.S.C. 1843). Unless otherwise
                                               FEDERAL MARITIME COMMISSION                              the Board of Governors. Interested
                                                                                                                                                              noted, nonbanking activities will be
                                                                                                        persons may express their views in
                                               Notice of Agreement Filed                                                                                      conducted throughout the United States.
                                                                                                        writing on the standards enumerated in                  Unless otherwise noted, comments
                                                                                                        the BHC Act (12 U.S.C. 1842(c)). If the               regarding each of these applications
                                                  The Commission hereby gives notice                    proposal also involves the acquisition of
                                               of the filing of the following agreement                                                                       must be received at the Reserve Bank
                                                                                                        a nonbanking company, the review also                 indicated or the offices of the Board of
                                               under the Shipping Act of 1984.                          includes whether the acquisition of the
                                               Interested parties may submit comments                                                                         Governors not later than August 24,
                                                                                                        nonbanking company complies with the                  2018.
                                               on the agreement to the Secretary by                     standards in section 4 of the BHC Act
                                               email at Secretary@fmc.gov, or by mail,                                                                          A. Federal Reserve Bank of
                                                                                                        (12 U.S.C. 1843). Unless otherwise                    Minneapolis (Mark A. Rauzi, Vice
                                               Federal Maritime Commission,                             noted, nonbanking activities will be
                                               Washington, DC 20573, within twelve                                                                            President), 90 Hennepin Avenue,
                                                                                                        conducted throughout the United States.               Minneapolis, Minnesota 55480–0291:
                                               days of the date this notice appears in                    Unless otherwise noted, comments
                                               the Federal Register. Copies of the                                                                              1. Citizens Community Bancorp, Inc.,
                                                                                                        regarding each of these applications                  Eau Claire, Wisconsin; to acquire 100
                                               agreement are available through the                      must be received at the Reserve Bank
                                               Commission’s website (www.fmc.gov) or                                                                          percent of United Bank, Osseo,
                                                                                                        indicated or the offices of the Board of              Wisconsin.
                                               by contacting the Office of Agreements                   Governors not later than August 23,                     B. Federal Reserve Bank of St. Louis
                                               at (202)-523–5793 or tradeanalysis@                      2018.                                                 (David L. Hubbard, Senior Manager),
                                               fmc.gov.                                                   A. Federal Reserve Bank of                          P.O. Box 442, St. Louis, Missouri
                                                  Agreement No.: 201263.                                Minneapolis (Mark A. Rauzi, Vice                      63166–2034. Comments can also be sent
                                                  Agreement Name: Maersk/MSC/Zim                        President), 90 Hennepin Avenue,                       electronically to
                                               Cooperative Working Agreement.                           Minneapolis, Minnesota 55480–0291:                    Comments.applications@stls.frb.org:
                                                  Parties: Maersk Line A/S;                               1. Mackinac Financial Corporation,                    1. Old National Bancorp, Evansville,
                                               Mediterranean Shipping Company S.A.;                     Manistique, Michigan; to acquire 100                  Indiana; to merge with Klein Financial,
                                               and Zim Integrated Shipping Services                     percent of the voting shares of Lincoln               Inc., Chaska, Minnesota, and thereby
                                               Ltd.                                                     Community Bank, Merrill, Wisconsin.                   indirectly acquire KleinBank, also of
                                                  Filing Party: Wayne Rohde, Cozen                        Board of Governors of the Federal Reserve           Chaska, Minnesota.
                                               O’Connor.                                                System, July 26, 2018.                                  Board of Governors of the Federal Reserve
                                                                                                        Yao-Chin Chao,                                        System, July 25, 2018.
                                                  Synopsis: The Agreement authorizes
                                               the parties to share space and cooperate                 Assistant Secretary of the Board.                     Yao-Chin Chao,
                                               on the provision of service strings in the               [FR Doc. 2018–16337 Filed 7–30–18; 8:45 am]           Assistant Secretary of the Board.
                                               trade between Asia and the U.S. East                     BILLING CODE P                                        [FR Doc. 2018–16377 Filed 7–30–18; 8:45 am]
                                               Coast.                                                                                                         BILLING CODE 6210–01–P

                                                  Proposed Effective Date: 9/8/2018.
                                                                                                        FEDERAL RESERVE SYSTEM
                                                  Location: https://www2.fmc.gov/                                                                             FEDERAL RESERVE SYSTEM
                                               FMC.Agreements.Web/Public/                               Formations of, Acquisitions by, and
daltland on DSKBBV9HB2PROD with NOTICES




                                               AgreementHistory/14256.                                  Mergers of Bank Holding Companies                     Agency Information Collection
                                                 Dated: July 25, 2018.                                                                                        Activities; Announcement of Board
                                                                                                          The companies listed in this notice
                                               Rachel Dickon,                                                                                                 Approval Under Delegated Authority
                                                                                                        have applied to the Board for approval,
                                               Secretary.                                                                                                     and Submission to OMB
                                                                                                        pursuant to the Bank Holding Company
                                               [FR Doc. 2018–16280 Filed 7–30–18; 8:45 am]              Act of 1956 (12 U.S.C. 1841 et seq.)                  AGENCY: Board of Governors of the
                                               BILLING CODE P                                           (BHC Act), Regulation Y (12 CFR part                  Federal Reserve System.


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Document Created: 2018-11-06 10:29:44
Document Modified: 2018-11-06 10:29:44
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
Action30-Day notice of submission of information collection for approval from Office of Management and Budget.
DatesInterested persons may submit comments on or before August 30, 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 36931 

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