Proposed Rule2025-20202
Fair Housing Home Loan Data System
Primary source
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Published
November 18, 2025
Issuing agencies
Treasury DepartmentComptroller of the Currency
Abstract
The Office of the Comptroller of the Currency (OCC) invites public comment on a notice of proposed rulemaking (proposed rule) to rescind its Fair Housing Home Loan Data System regulation codified at 12 CFR part 27. The OCC has determined that the regulation is obsolete and largely duplicative of and inconsistent with other legal authorities that require national banks to collect and retain certain information on applications for home loans. Moreover, part 27 imposes asymmetrical data collection requirements on national banks compared to their other depository institution counterparts, and the data collected has limited utility. For these reasons, rescinding the regulation would eliminate the regulatory burden attributable to part 27 for national banks without having a material impact on the availability of data necessary for the OCC to conduct its fair housing-related supervisory activities.
Full Text
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<title>Federal Register, Volume 90 Issue 220 (Tuesday, November 18, 2025)</title>
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[Federal Register Volume 90, Number 220 (Tuesday, November 18, 2025)]
[Proposed Rules]
[Pages 51583-51587]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20202]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Part 27
[Docket ID OCC-2025-0405]
RIN 1557-AF42
Fair Housing Home Loan Data System
AGENCY: Office of the Comptroller of the Currency, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Office of the Comptroller of the Currency (OCC) invites
public comment on a notice of proposed rulemaking (proposed rule) to
rescind
[[Page 51584]]
its Fair Housing Home Loan Data System regulation codified at 12 CFR
part 27. The OCC has determined that the regulation is obsolete and
largely duplicative of and inconsistent with other legal authorities
that require national banks to collect and retain certain information
on applications for home loans. Moreover, part 27 imposes asymmetrical
data collection requirements on national banks compared to their other
depository institution counterparts, and the data collected has limited
utility. For these reasons, rescinding the regulation would eliminate
the regulatory burden attributable to part 27 for national banks
without having a material impact on the availability of data necessary
for the OCC to conduct its fair housing-related supervisory activities.
DATES: Comments must be received on or before December 18, 2025.
ADDRESSES: Commenters are encouraged to submit comments through the
Federal eRulemaking Portal. Please use the title ``Fair Housing Home
Loan Data System'' to facilitate the organization and distribution of
the comments. You may submit comments by any of the following methods:
<bullet> Federal eRulemaking Portal--<a href="http://Regulations.gov">Regulations.gov</a>:
Go to <a href="https://regulations.gov/">https://regulations.gov/</a>. Enter Docket ID ``OCC-2025-0405''
in the Search Box and click ``Search.'' Public comments can be
submitted via the ``Comment'' box below the displayed document
information or by clicking on the document title and then clicking the
``Comment'' box on the top-left side of the screen. For help with
submitting effective comments, please click on ``Commenter's
Checklist.'' For assistance with the <a href="http://Regulations.gov">Regulations.gov</a> site, please call
1-866-498-2945 (toll free) Monday-Friday, 9 a.m.-5 p.m. EST, or email
<a href="/cdn-cgi/l/email-protection#e89a8d8f9d84899c8187869b808d84988c8d9b83a88f9b89c68f879e"><span class="__cf_email__" data-cfemail="dba9bebcaeb7baafb2b4b5a8b3beb7abbfbea8b09bbca8baf5bcb4ad">[email protected]</span></a>.
<bullet> Mail: Chief Counsel's Office, Attention: Comment
Processing, Office of the Comptroller of the Currency, 400 7th Street
SW, Suite 3E-218, Washington, DC 20219.
<bullet> Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
Washington, DC 20219.
Instructions: You must include ``OCC'' as the agency name and
Docket ID ``OCC-2025-0405'' in your comment. In general, the OCC will
enter all comments received into the docket and publish the comments on
the <a href="http://Regulations.gov">Regulations.gov</a> website 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.
You may review comments and other related materials that pertain to
this action by the following method:
<bullet> Viewing Comments Electronically--<a href="http://Regulations.gov">Regulations.gov</a>:
Go to <a href="https://regulations.gov/">https://regulations.gov/</a>. Enter Docket ID ``OCC-2025-0405''
in the Search Box and click ``Search.'' Click on the ``Dockets'' tab
and then the document's title. After clicking the document's title,
click the ``Browse All Comments'' tab. Comments can be viewed and
filtered by clicking on the ``Sort By'' drop-down on the right side of
the screen or the ``Refine Comments Results'' options on the left side
of the screen. Supporting materials can be viewed by clicking on the
``Browse Documents'' tab. Click on the ``Sort By'' drop-down on the
right side of the screen or the ``Refine Results'' options on the left
side of the screen checking the ``Supporting & Related Material''
checkbox. For assistance with the <a href="http://Regulations.gov">Regulations.gov</a> site, please call 1-
866-498-2945 (toll free) Monday-Friday, 9 a.m.-5 p.m. EST, or email
<a href="/cdn-cgi/l/email-protection#097b6c6e7c65687d6066677a616c65796d6c7a62496e7a68276e667f"><span class="__cf_email__" data-cfemail="285a4d4f5d44495c4147465b404d44584c4d5b43684f5b49064f475e">[email protected]</span></a>.
The docket may be viewed after the close of the comment period in
the same manner as during the comment period.
FOR FURTHER INFORMATION CONTACT: Emily Boyes, Counsel, (202) 649-5490;
Sadia Chaudhary, Counsel, (202) 649-5122; Daniel Borman, Counsel, 202
649-6929; 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:
I. Background
The OCC is proposing to rescind its Fair Housing Home Loan Data
System regulation codified at 12 CFR part 27.\1\ The OCC issued part 27
in 1979 to provide a basis for a more effective fair housing monitoring
program for home loans.\2\ The OCC's issuance of part 27 also assisted
with implementation of certain parts of the settlement reached in
National Urban League et al., v. Office of the Comptroller of the
Currency et al.\3\ Part 27 established recordkeeping requirements and a
data collection system for monitoring national banks and any of their
subsidiaries \4\ (national banks) \5\ for compliance with the Fair
Housing Act \6\ and the Equal Credit Opportunity Act.\7\ Specifically,
part 27 requires national banks to (i) engage in quarterly
recordkeeping of certain home loan data if the national bank is
required to report loans under the Home Mortgage Disclosure Act \8\
(HMDA reporters) or if the national bank is a non-HMDA reporter that
receives 50 or more home loan \9\ applications a year, as applicable;
\10\ (ii) attempt to obtain all of the prescribed information for
applications for home loans; \11\ (iii) maintain certain additional
information in loan files; \12\ and (iv) collect certain information on
a log, if the OCC orders the national bank to maintain a log of
inquiries and applications.\13\
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\1\ 44 FR 63084 (Nov. 2, 1979) as amended at 49 FR 11825 (Mar.
28, 1984), 59 FR 26415 (May 20, 1994), 73 FR 22251 (Apr. 24, 2008).
\2\ 44 FR 63084 (Nov. 2, 1979).
\3\ 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); 44 FR 63084 (Nov. 2, 1979). The settlement agreement
expressly provides that the terms expired in three years, and do not
currently obligate the OCC to maintain part 27. See National Urban
League, et al. v. Office of the Comptroller of the Currency, et al.,
Settlement Agreement at 531, No. 76-0718 (D.D.C. Mar. 23, 1977).
\4\ As originally promulgated, the regulation also applied to
banks located in the District of Columbia. The OCC amended part 27
in 2008 to remove banks chartered in Washington, DC from the scope
of the regulation since those entities are no longer national banks.
See 73 FR 22216, 22232 (Apr. 24, 2008).
\5\ The regulation defines the term ``bank'' as ``a national
bank and any subsidiaries of a national bank.'' See 12 CFR 27.2(c).
However, this SUPPLEMENTARY INFORMATION uses the term ``national
bank'' in place of the defined term ``bank'' to improve readability
and distinguish the relevant data requirements applicable to
national banks from those applicable to other types of depository
institutions.
\6\ 42 U.S.C. 3601 et seq.
\7\ 15 U.S.C. 1691 et seq.
\8\ 12 U.S.C. 2801 et seq.
\9\ A home loan, as defined in part 27, is ``a real estate loan
for the purchase, permanent financing for construction, or the
refinancing of residential real property which the applicant intends
to occupy as a principal residence.'' 12 CFR 27.2(f).
\10\ 12 CFR 27.3.
\11\ 12 CFR 27.3.
\12\ 12 CFR 27.5.
\13\ 12 CFR 27.4.
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When part 27 was promulgated in 1979, the principal purpose of the
regulation was to provide for the collection and retention of
information necessary to establish a valid statistical analysis of
national banks' home lending decisions without placing an undue burden
upon the national banks subject to the rule.\14\ At the time the rule
was promulgated, the OCC stated that it would engage in reviews of the
[[Page 51585]]
efficiency and effectiveness of the regulatory requirements.\15\
Recently, the OCC has undertaken such a review as part of its ongoing
efforts to tailor bank supervision and regulation.\16\
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\14\ 44 FR 63084, 63085 (Nov. 2, 1979).
\15\ 44 FR 63084, 63085 (Nov. 2, 1979). Specifically, in
response to comments that the OCC should include more data
collection requirements under part 27, the agency explained its
reasoning for limiting the data collection requirements and stated
that ``the Comptroller will regularly review the efficiency and
effectiveness of [the data collection] requirements, as well as the
value of statistical analysis through the use of electronic data
processing, to determine whether the regulatory scope should be
reexamined in the future.'' While this statement was made in
contemplation of a future review of the regulatory scope of the
regulation to determine whether more data should be collected under
part 27, the conclusions drawn from the OCC's review of the
efficiency and effectiveness of a regulation will depend on the
particular facts, which the OCC believes weigh in favor of
rescission in this instance.
\16\ See Executive Order 14192, 90 FR 9065 (Feb. 6, 2025). The
OCC also regularly conducts reviews under the Economic Growth and
Regulatory Paperwork Reduction Act of 1996, Public Law 104-208
(1996) (EGRPRA). The OCC received a public comment pursuant to its
2014-17 EGRPRA review suggesting that the OCC could reduce
regulatory burden by removing part 27. See Federal Financial
Institutions Examination Council Joint Report to Congress, Economic
Growth and Regulatory Paperwork Reduction Act, (March 2017)
(commenter noting that the regulation has not been updated since
1994, that the regulation is duplicative of the HMDA and Fair
Housing Act, and that the regulation is outdated because it refers
to the Board's Regulation C and not the CFPB's HMDA rule).
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The OCC has determined that part 27 is obsolete because it is
largely duplicative of and inconsistent with revisions to other legal
authorities that require national banks to collect and retain certain
information on applications for home loans. In addition, because part
27 only applies to national banks, national banks have more home loan
data collection requirements than other depository institutions.
Moreover, the burden the rule imposes on national banks is not
justified by the limited utility of data collected under part 27. Also,
when part 27 was promulgated, the OCC stated that the regulation's
requirements were designed to assist agency examiners in performing
full and complete fair housing examinations. However, since then, the
OCC has found that agency examiners generally base their fair lending
supervisory activities on data collected under other legal authorities
that require national banks to collect and maintain information on
applications for home loans. To the extent OCC examiners may consider
part 27 data, it is most useful for assessing a national bank's fair
lending risk; however, the OCC has other tools for identifying fair
lending risk at national banks. The OCC believes that the proposed
recission of part 27, therefore, would not have a material impact on
the availability of data necessary for the OCC to conduct its fair
housing supervisory activities. For these reasons, as explained in
greater detail below, the OCC is proposing to rescind the regulation--
thereby eliminating the regulatory burden attributable to part 27 for
national banks.
Duplicative Requirements. Part 27 is largely duplicative of the
HMDA and its implementing regulation, Regulation C,\17\ and Regulation
B,\18\ which implements the Equal Credit Opportunity Act (ECOA).\19\
For example, under part 27, HMDA reporters are required to maintain
reasons for denial of a loan application, but HMDA reporters are
already required to provide this information pursuant to Regulation
C.\20\ Additionally, many of the categories of information that all
national banks must collect and maintain under 12 CFR 27.3(b) are
already provided by HMDA reporters under Regulation C.\21\
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\17\ 12 CFR part 1003.
\18\ 12 CFR part 1002.
\19\ As part of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Dodd-Frank), rulemaking authority pursuant to HMDA
and ECOA shifted from the Federal Reserve Board (Board) to the
Consumer Financial Protection Bureau (CFPB). Public Law 111-203, 124
Stat. 1376 (July 21, 2010). Dodd-Frank also required the CFPB to
amend Regulation C. The CFPB amended Regulation C, and subsequently
Regulation B to conform to revised Regulation C. See 80 FR 66128
(Oct. 28, 2015); 82 FR 43088 (Sept. 13, 2017).
\20\ See 12 CFR 27.3(a)(1)(i); See also 12 CFR 1003.4(a)(16).
\21\ Compare data points required by 12 CFR 27.3(b) with data
points required under 12 CFR 1003.4.
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Regulatory Inconsistencies. There are several inconsistencies
between part 27 and Regulations B and C, particularly concerning
collection and reporting of ethnicity and race data. These
inconsistencies stem from the fact that the OCC has not materially
updated part 27 since 1994,\22\ despite substantive and jurisdictional
changes to Regulations B and C in the intervening years. Specifically,
Regulations B and C require ethnicity data to be reported under two
aggregate categories: Hispanic or Latino; and Not Hispanic or Latino.
Regulations B and C also require race data to be reported under the
following five aggregate categories: American Indian or Alaska Native;
Asian; Black or African American; Native Hawaiian or Other Pacific
Islander; and White. In contrast, part 27 requires the collection of
race and national origin under the following six categories: American
Indian or Alaskan Native; Asian or Pacific Islander; Black, not of
Hispanic origin; White, not of Hispanic origin; Hispanic; Other.
Because part 27 does not separate race from ethnicity, its reporting of
that data could conflict with the requirements of Regulations B and C.
For example, an applicant who self-identifies as ``Hispanic'' and
``White'' under Regulation B's and C's separate categories for
ethnicity and race, respectively, would have to self-identify as
``Other'' under part 27. Part 27 also requires less granular
information collection than required under Regulation C, which uses
more specific categories for ethnicity and race.\23\ Specifically,
under Regulation C, the Hispanic or Latino category is divided into the
following four subcategories: Mexican; Puerto Rican; Cuban; and Other
Hispanic or Latino. In addition, the Asian and the Native Hawaiian or
Other Pacific Islander aggregate categories have seven and four
subcategories, respectively. The Asian race subcategories are: Asian
Indian; Chinese; Filipino; Japanese; Korean; Vietnamese; and Other
Asian. The Native Hawaiian or Other Pacific Islander race subcategories
are: Native Hawaiian; Guamanian or Chamorro; Samoan; and Other Pacific
Islander. Under Regulation B, a national bank that is a non-HMDA
reporter may generally collect ethnicity and race data using either the
aggregate race and ethnicity categories described in Regulations B and
C or using the more detailed subcategories set forth in Regulation
C.\24\ Therefore, the requirement in part 27 to collect aggregate data
can require different and inconsistent requirements than those imposed
by Regulations B and C.
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\22\ In 2008, the OCC amended part 27 to remove banks chartered
in Washington, DC from the scope of the regulation since those
entities are no longer national banks. See 73 FR 22216, 22232 (Apr.
24, 2008).
\23\ Compare for example, the data collection requirements under
12 CFR 27.3(b)(1) with the data collection requirements under
Regulation B (12 CFR 1002.5, 1002.13) and Regulation C (12 CFR
1003.4).
\24\ See 12 CFR 1002.13(a)(1)(i).
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Asymmetric Data Requirements. Despite the duplication and
inconsistencies with Regulations B and C, part 27 requires national
banks to collect and maintain certain unique data. However, this data
is not uniformly collected for all depository institutions due to the
lack of parallel regulatory requirements. With respect to OCC-regulated
institutions, part 27 does not apply to Federal savings associations,
nor is there a comparable regulation applicable to Federal savings
associations. In addition, the other Federal prudential regulators--the
Board and the Federal Deposit
[[Page 51586]]
Insurance Corporation (FDIC)--do not have regulations that require the
separate collection of home loan data from their supervised
institutions and rely largely on the data collected pursuant to
Regulations B and C to conduct fair lending analyses. Therefore,
because part 27 only applies to national banks, national banks have
more home loan data collection requirements than other depository
institutions.
Limited Utility. The OCC considered whether, notwithstanding the
issues discussed above, the unique data collection and maintenance
requirements of part 27 offer a sufficient countervailing benefit when
compared to the regulatory burden imposed on national banks by the
rule. After considering how the OCC uses home loan data in its
supervisory activities, the OCC believes that any burden the rule
imposes on national banks is not justified by the limited utility of
data collection under part 27. Specifically, the OCC largely utilizes
information collected pursuant to the HMDA and ECOA to conduct its
supervisory activities. The OCC only considers part 27 data in limited
circumstances where the data requirements do not overlap. Further, as
noted above, part 27 data is most useful in helping to assess fair
lending risk, and any resulting fair lending examinations would require
the OCC to engage in sampling to obtain necessary home loan data.
Specifically, with regard to the subset of national banks that are
non-HMDA reporters and originate more than 50 loans annually, the OCC
may obtain the information that part 27 currently requires these
national banks to collect pursuant to the agency's general supervisory
authority and its supervisory authority under the Fair Housing Act and
ECOA.\25\ Therefore, national banks' collection and maintenance of home
loan data under part 27 have limited utility for the OCC when
considering the related burden on national banks. Moreover, while the
removal of part 27 would reduce regulatory burden for all national
banks, the main benefactors of this burden reduction would be non-HMDA
reporters that originate more than 50 loans annually, which are
typically smaller national banks. This is because HMDA-reporters will
continue to collect and maintain required home loan data in accordance
with Regulations B and C.
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\25\ 12 U.S.C. 481; 12 CFR part 4.
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Part 27 data also has limited utility for external stakeholders.
Specifically, the part 27 data requirements are collection and
maintenance requirements. Unlike the HMDA data, part 27 data is not
publicly available. Therefore, removal of part 27 would not result in a
reduction in the data available for external stakeholders' home loan
data analysis.
Alternatives Considered. The OCC considered, as an alternative,
revising part 27 to bring it into conformity with Regulations B and C.
However, the OCC believes rescission is the better approach because,
even if the OCC updated the regulation to conform with Regulations B
and C, part 27 would still be largely duplicative of those other
regulations and the utility of the non-duplicative data does not
outweigh the regulatory burden on national banks to collect and
maintain that data.
Request for Comment. For the reasons discussed above, the OCC is
proposing to rescind part 27 in its entirety. The OCC invites comments
on all aspects of the proposal to rescind part 27 discussed in this
SUPPLEMENTARY INFORMATION.
II. Regulatory Analysis
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA),\26\ the OCC may
not conduct or sponsor, and a 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 has reviewed the
notice of proposed rulemaking and determined that it would not create
any new or revise any existing, collections of information under the
PRA and therefore, require no PRA filings, other than a discontinuance
request to OMB for the currently approved ``Fair Housing Home Loan Data
System Regulation (1557-0159)'' information collection following the
finalization of the rule.
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\26\ 44 U.S.C. 3501-3521.
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Title of Information Collection: Fair Housing Home Loan Data System
Regulation.
OMB control number: 1557-0159.
Affected Public: Businesses or other for-profit.
Description: Under the current 12 CFR part 27 certain national
banks are required to record certain home loan data home loan data if
they: (1) are otherwise required to maintain and report data pursuant
to Regulation C,\27\ which implements HMDA,\28\ 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).\29\ 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 \30\ or (2)
recording and maintaining part 27-specified activity data relating to
aggregate numbers of certain types of loans by geography and action
taken.\31\ Part 27 also requires that all national banks, including
those not subject to the recording requirements, to 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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\27\ 12 CFR part 1003.
\28\ 12 U.S.C. 2801 et seq.
\29\ 12 CFR 27.3(a)(1)(i).
\30\ 12 CFR 27.3(a)(5).
\31\ 12 CFR 27.3(a)(2).
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Current Burden
Number of Respondents: 702.
Total Annual Burden: 12,632 hours.
Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
requires an agency, in connection with a proposed rule, to prepare an
Initial Regulatory Flexibility Analysis describing the impact of the
rule on small entities (defined by the Small Business Administration
(SBA) for purposes of the RFA to include commercial banks and savings
institutions with total assets of $850 million or less and trust
companies with total assets of $47 million or less) or to certify that
the proposed rule would not have a significant economic impact on a
substantial number of small entities. The OCC currently supervises
approximately 609 small entities.\32\
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\32\ The OCC bases the estimate of the number of small entities
on the Small Business Administration's size thresholds for
commercial banks and savings institutions (NAICS Code: 522110), and
trust companies (NAICS Code: 523991), which are $850 million and $47
million, respectively. Consistent with the General Principles of
Affiliation 13 CFR 121.103(a), the OCC counts the assets of
affiliated financial institutions when determining whether to
classify an OCC-supervised institution as a small entity. The OCC
uses December 31, 2024, to determine size because a ``financial
institution's assets are determined by averaging the assets reported
on its four quarterly financial statements for the preceding year.''
See footnote 8 of the U.S. Small Business Administration's Table of
Size Standards.
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The OCC estimates that the proposed rule would not have a
significant economic impact on a substantial number of small entities,
as the
[[Page 51587]]
proposed rule would rescind an existing regulation and does not contain
any new mandates. Accordingly, an Initial Regulatory Flexibility
Analysis is not required, and the OCC certifies that the proposed rule
would not have a significant economic impact on a substantial number of
small entities.
Unfunded Mandates Reform Act of 1995
The OCC analyzed the proposed rule under the factors set forth in
the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532). Under
this analysis, the OCC considered whether the proposed rule includes a
Federal mandate that may result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year (adjusted for inflation). Because the
proposed rule would rescind or amend existing regulations and does not
contain any new mandates, the OCC estimates that the proposed rule
would not result in an expenditure of $100 million or more annually by
State, local, and Tribal governments, or by the private sector
(adjusted for inflation). The OCC estimates that the costs associated
with proposed rule, if finalized as proposed, would be de minimis.
Accordingly, the OCC has not prepared the written statement described
in section 202 of the UMRA.
Riegle Community Development and Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the Riegle Community Development and
Regulatory Improvement Act of 1994,\33\ in determining the effective
date and administrative compliance requirements for new regulations
that impose additional reporting, disclosure, or other requirements on
insured depository institutions, the OCC will consider, consistent with
the principles of safety and soundness and the public interest: (1) any
administrative burdens that the proposed rule would place on depository
institutions, including small depository institutions and customers of
depository institutions and (2) the benefits of the proposed rule. The
OCC requests comment on any administrative burdens that the proposed
rule would place on depository institutions, including small depository
institutions and their customers, and the benefits of the proposed rule
that the OCC should consider in determining the effective date and
administrative compliance requirements for a final rule.
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\33\ 12 U.S.C. 4802(a).
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Providing Accountability Through Transparency Act of 2023
The Providing Accountability Through Transparency Act of 2023 \34\
requires that a notice of proposed rulemaking include the internet
address of a summary of not more than 100 words in length of a proposed
rule, in plain language, that shall be posted on the internet website
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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\34\ 12 U.S.C. 553(b)(4).
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The OCC invites public comment on a proposed rule to rescind the
Fair Housing Home Loan Data System regulation codified at 12 CFR part
27 to remove any conflict with Regulations B and C or duplication for
national banks.
The proposal and the required summary can be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for Docket ID OCC-2025-0405 and
<a href="https://occ.gov/topics/lawsfdo-and-regulations/occ-regulations/proposed-issuances/index-proposed-issuances.html">https://occ.gov/topics/lawsfdo-and-regulations/occ-regulations/proposed-issuances/index-proposed-issuances.html</a>.
Executive Orders 12866 and 14192
Executive Order 12866, titled ``Regulatory Planning and Review,''
as amended, requires the Office of Information and Regulatory Affairs
(OIRA), Office of Management and Budget, to determine whether a
proposed rule is a ``significant regulatory action.'' If OIRA finds the
proposed rule to be a ``significant regulatory action,'' Executive
Order 12866 requires the OCC to conduct a regulatory impact analysis
(RIA) of the rule, which includes a cost-benefit analysis, and for OIRA
to conduct a review of the proposed rule prior to the disclosure of the
proposed rule to the public. Executive Order 12866 defines
``significant regulatory action'' to mean a regulatory action that is
likely to (1) have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in Executive Order
12866.
Executive Order 12866, as amended, provides that OIRA will review
all ``significant regulatory actions'' as defined therein. OIRA has
determined that this proposal is not a ``significant regulatory
action'' for purposes of Executive Order 12866.
Executive Order 14192, titled ``Unleashing Prosperity Through
Deregulation,'' separately requires that an agency, unless prohibited
by law, identify at least 10 existing regulations to be repealed when
the agency publicly proposes for notice and comment or otherwise
promulgates a new regulation with total costs greater than zero.
Executive Order 14192 further requires that new incremental costs
associated with new regulations shall, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
ten prior regulations. The OCC expects the proposed rule will be a
deregulatory action under Executive Order 14192 because it would
potentially result in costs savings for affected OCC-supervised
institutions.
List of Subjects in 12 CFR Part 27
Civil rights, Credit, Fair housing, Mortgages, National banks,
Reporting and recordkeeping requirements.
PART 27--[REMOVED AND RESERVED]
For the reasons stated in the preamble, under the authority of 12
U.S.C. 93a, the OCC proposes to remove and reserve 12 CFR part 27.
Jonathan V. Gould,
Comptroller of the Currency.
[FR Doc. 2025-20202 Filed 11-17-25; 8:45 am]
BILLING CODE 4810-33-P
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</html>Indexed from Federal Register on November 18, 2025.
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