Notice2023-27517
Agency Information Collection Activities: Revision of an Approved Information Collection; Comment Request; Fair Housing Home Loan Data System Regulation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 15, 2023
Issuing agencies
Treasury DepartmentComptroller of the Currency
Abstract
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning a revision to its information collection titled, "Fair Housing Home Loan Data System Regulation."
Full Text
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<title>Federal Register, Volume 88 Issue 240 (Friday, December 15, 2023)</title>
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[Federal Register Volume 88, Number 240 (Friday, December 15, 2023)]
[Notices]
[Pages 87052-87053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27517]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Revision of an Approved
Information Collection; Comment Request; Fair Housing Home Loan Data
System Regulation
AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.
ACTION: Notice and request for comment.
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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork
and respondent burden, invites comment on a continuing information
collection, as required by the Paperwork Reduction Act of 1995 (PRA).
In accordance with the requirements of the PRA, the OCC may not conduct
or sponsor, and the respondent is not required to respond to, an
information collection unless it displays a currently valid Office of
Management and Budget (OMB) control number. The OCC is soliciting
comment concerning a revision to its information collection titled,
``Fair Housing Home Loan Data System Regulation.''
DATES: Comments must be received by February 13, 2024.
ADDRESSES: Commenters are encouraged to submit comments by email, if
possible. You may submit comments by any of the following methods:
<bullet> Email: <a href="/cdn-cgi/l/email-protection#6a1a180b03040c052a050909441e180f0b19440d051c"><span class="__cf_email__" data-cfemail="afdfddcec6c1c9c0efc0cccc81dbddcacedc81c8c0d9">[email protected]</span></a>.
<bullet> Mail: Chief Counsel's Office, Attention: Comment
Processing, Office of the Comptroller of the Currency, Attention: 1557-
0159, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
<bullet> Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
Washington, DC 20219.
<bullet> Fax: (571) 293-4835.
Instructions: You must include ``OCC'' as the agency name and
``1557-0159'' in your comment. In general, the OCC will publish
comments on <a href="http://www.reginfo.gov">www.reginfo.gov</a> without change, including any business or
personal information provided, such as name and address information,
email addresses, or phone numbers. Comments received, including
attachments and other supporting materials, are part of the public
record and subject to public disclosure. Do not include any information
in your comment or supporting materials that you consider confidential
or inappropriate for public disclosure.
Following the close of this notice's 60-day comment period, the OCC
will publish a second notice with a 30-day comment period. You may
review comments and other related materials that pertain to this
information collection beginning on the date of publication of the
second notice for this collection by the method set forth in the next
bullet.
<bullet> Viewing Comments Electronically: Go to <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
Hover over the ``Information Collection Review'' drop-down menu. Click
on ``Information Collection Review.'' From the ``Currently under
Review'' drop-down menu, select ``Department of Treasury'' and then
click ``submit.'' This information collection can be located by
searching OMB control number ``1557-0159'' or ``Fair Housing Home Loan
Data System Regulation.'' Upon finding the appropriate information
collection, click on the related ``ICR Reference Number.'' On the next
screen, select ``View Supporting Statement and Other Documents'' and
then click on the link to any comment listed at the bottom of the
screen.
<bullet> For assistance in navigating <a href="http://www.reginfo.gov">www.reginfo.gov</a>, please
contact the Regulatory Information Service Center at (202) 482-7340.
FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer,
(202) 649-5490, Chief Counsel's Office, Office of the Comptroller of
the Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf,
hard of hearing, or have a speech disability, please dial 7-1-1 to
access telecommunications relay services.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval from the OMB for each collection
of information that they conduct or sponsor. ``Collection of
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to
include agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of title 44 generally requires Federal agencies
to provide a 60-day notice in the Federal Register concerning each
proposed collection of information, including each proposed extension
of an existing collection of information, before submitting the
collection to OMB for approval. To comply with this requirement, the
OCC is publishing notice of the revision to the collection of
information set forth in this document. The OCC asks OMB to approve
this revised collection.
Title: Fair Housing Home Loan Data System Regulation.
OMB Control No.: 1557-0159.
Type of Review: Regular.
Description: Part 27 requires certain national banks to record
certain information, and all national banks to retain certain
information.\1\ Specifically,
[[Page 87053]]
national banks must record certain home loan data if they: (1) are
otherwise required to maintain and report data pursuant to Regulation
C,\2\ which implements the Home Mortgage Disclosure Act (HMDA),\3\ in
which case they are HMDA reporters, or (2) receive more than 50 home
loan applications annually. Specifically, national banks that are HMDA
reporters meet the part 27 requirement by recording HMDA data along
with the reasons for denying any loan application on the HMDA Loan
Application/Register (LAR).\4\ A national bank that is not a HMDA
reporter but that receives more than 50 home loan applications annually
must comply with part 27 by either: (1) recording and reporting HMDA
data and denial reasons on the LAR as if they were a HMDA reporter,\5\
or (2) recording and maintaining part 27-specified activity data
relating to aggregate numbers of certain types of loans by geography
and action taken.\6\ Part 27 also requires that all national banks,
including those not subject to the recording requirements, maintain
certain application and loan information in loan files. Part 27 further
provides that the OCC may require national banks to maintain and submit
additional information if there is reason to believe that the bank
engaged in discrimination.
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\1\ The OCC issued part 27 as part of a settlement agreement in
a case in which the plaintiffs alleged that Federal agencies,
including the OCC, were obligated to exercise supervisory and
regulatory powers to prevent discrimination in home mortgage lending
under Title VIII of the Civil Rights Act of 1968 (Fair Housing Act).
See National Urban League, et al. v. Office of the Comptroller of
the Currency, et al., 78 FRD. 543, 544 (D.D.C. May 3, 1978). See
also 44 FR 63084, November 2, 1979.
\2\ 12 CFR part 1003.
\3\ 12 U.S.C. 2801 et seq.
\4\ 12 CFR 27.3(a)(1)(i).
\5\ 12 CFR 27.3(a)(5).
\6\ 12 CFR 27.3(a)(2).
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The requirements in part 27 are as follows:
Section 27.3(a)(1) requires provision of the data that national
banks are required to collect on home loans pursuant to Regulation
C.\7\
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\7\ The quarterly recordkeeping requirements under 12 CFR
27.3(a) do not add any burden because they are duplicative of the
recordkeeping requirements under 12 CFR 1003.4(f). See OMB control
number 1557-0345.
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Sections 27.3(a)(2) and (3) require national banks that receive
more than 50 applications but are not HMDA reporters to collect certain
information quarterly.
Section 27.3(a) also lists exceptions to the HMDA-LAR recordkeeping
requirements.
Section 27.3(b) lists the information national banks must attempt
to obtain from an applicant as part of a home loan application and sets
forth the information that banks must disclose to an applicant.
Section 27.3(c) sets forth additional information national banks
must maintain in each of their home loan files.
Section 27.4 states that the OCC may require a national bank to
maintain a Fair Housing Inquiry/Application Log found in Appendix III
to part 27 including if: (1) there is reason to believe that the bank
is prescreening, or otherwise engaging in discriminatory practices on a
prohibited basis, (2) complaints filed with the Comptroller or letters
in the Community Reinvestment Act file are found to be substantive in
nature, indicating that the bank's home lending practices are, or may
be, discriminatory, or (3) analysis of the data compiled by the bank
under HMDA and Regulation C indicates a pattern of significant
variation in the number of home loans between census tracts with
similar incomes and home ownership levels differentiated only by race
or national origin.
Section 27.5 requires a national bank to maintain the information
required by Sec. 27.3 for 25 months after the bank notifies the
applicant of action taken on an application or after withdrawal of an
application.
Section 27.7 requires a national bank to submit to the OCC, upon
request prior to a scheduled examination, the information required by
Sec. Sec. 27.3(a) and 27.4. Non-HMDA reporters with more than 50
applications are required to submit this data using the Monthly Home
Loan Activity Format form in Appendix I to part 27 and the Home Loan
Data Submission Form in Appendix IV to part 27, except that there is an
additional exclusion for national banks with fewer than 75
applications. Specifically, Sec. 27.7(c)(3) states that a bank with
fewer than 75 home loan applications in the preceding year is not
required to submit such forms unless the home loan activity is
concentrated in the few months preceding the request for data,
indicating the likelihood of increased activity over the subsequent
year, or there is cause to believe that a bank is not in compliance
with the fair housing laws based on prior examinations and/or
complaints, among other factors.
Section 27.7(d) provides that if there is cause to believe that a
national bank is in noncompliance with fair housing laws, the
Comptroller may require submission of additional Home Loan Data
Submission Forms. The Comptroller may also require submission of the
information maintained under Sec. 27.3(a) and Home Loan Data
Submission Forms at more frequent intervals than specified.
Burden Estimates
Estimated Number of Respondents: 702.
Estimated Total Annual Burden: 12,632 hours.
Estimated Frequency of Response: On occasion.
Affected Public: Businesses or other for-profit.
Comments submitted in response to this notice will be summarized
and included in the request for OMB approval. All comments will become
a matter of public record. Comments are invited on:
(a) Whether the collection of information is necessary for the
proper performance of the functions of the OCC, including whether the
information has practical utility;
(b) The accuracy of the OCC's estimate of the burden of the
collection of information;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection on respondents,
including through the use of automated collection techniques or other
forms of information technology; and
(e) Estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2023-27517 Filed 12-14-23; 8:45 am]
BILLING CODE 4810-33-P
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</html>Indexed from Federal Register on December 15, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.