Agency Information Collection Activities: Information Collection Revision; Comment Request; Regulation C-Home Mortgage Disclosure, 4129-4131 [2019-02328]
Download as PDF
Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Notices
60-day comment period soliciting
comments on the information collection
was published on November 26, 2018.
Interested persons are invited to
submit comments on or before March
18, 2019.
DATES:
FOR FURTHER INFORMATION CONTACT:
Angela Hill by telephone at 202–366–
1246, by email at angela.dow@dot.gov,
or by mail at DOT, PHMSA, 1200 New
Jersey Avenue SE, PHP–30, Washington,
DC 20590–0001.
Submit comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Management and Budget,
Attention: Desk Officer for the Office of
the Secretary of Transportation, 725
17th Street NW, Washington, DC 20503.
ADDRESSES:
Section
1320.8(d), Title 5, Code of Federal
Regulations, requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. In accordance
with this regulation, on November 26,
2018, (83 FR 60557) PHMSA published
a Federal Register notice with a 60-day
comment period soliciting comments on
the information collection. In response,
PHMSA received comments from the
Pipeline Safety Trust and Vectren
Corporation. The Pipeline Safety Trust
requests that PHMSA add additional
reporting requirements to this
information collection to improve
PHMSA’s oversight of state grants and
to fill agency-identified data gaps.
Vectren Corporation supports the
information collection, but notes that it
could be improved by more detailed
reporting instructions and more
specific, consistent definitions for data
and reporting.
The data obtained from this
information collection reflects State
Program activities that measure program
performance and how grant funds are
being used. Separate efforts are
currently underway to address the
feasibility study of a Nationwide
Integrated Pipeline Safety Regulatory
Database and all options are being
considered to help with this process.
PHMSA also streamlined data fields in
both the Natural Gas and Hazardous
Liquid Base Grant Progress Reports to
make the forms easier to read and
follow.
A summary of changes is below:
• Gas LNG operator categories listed
together instead of separately.
• Hazardous liquid operator
categories renamed to be consistent with
Pipeline DataMart.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:54 Feb 13, 2019
Jkt 247001
• Incident/Accident cause listing
updated to match annual reports and
Pipeline DataMart.
• Updated maximum civil penalties
to current DOT level.
The burden for this information
collected has also been updated to
account for a more accurate number of
submissions received annually. PHMSA
previously expected to receive 116
responses to this information collection
request. PHMSA has since updated that
estimate to 66 responses (51 gas
programs and 15 hazardous liquid
programs). The estimated time burden
for completing the annual submission is
58.5 hours. PHMSA will submit the
information collection, as described
below, to OMB for approval.
The following information is provided
for this information collection: (1) Title
of the information collection; (2) OMB
control number; (3) Current expiration
date; (4) Type of request; (5) Abstract of
the information collection activity; (6)
Description of affected public; (7)
Estimate of total annual reporting and
recordkeeping burden; and (8)
Frequency of collection.
PHMSA will request a three-year term
of approval for the following
information collection:
Title: Gas Pipeline Safety Program
Certification and Hazardous Liquid
Pipeline Safety Program Certification.
OMB Control Number: 2137–0584.
Current Expiration Date: 02/28/2019.
Abstract: A state must submit an
annual certification to assume
responsibility for regulating intrastate
pipelines. Certain records must be
maintained to demonstrate that the state
is ensuring satisfactory compliance with
the pipeline safety regulations. PHMSA
uses this information to evaluate a
state’s eligibility to receive federal
grants.
Affected Public: State governments.
Annual Reporting and Recordkeeping
Burden:
Total Annual Responses: 66.
Total Annual Burden Hours: 3,861.
Frequency of Collection: Annually.
Comments to Office of Management
and Budget are invited on:
(a) The need for the proposed
information, including whether the
information will have practical utility in
helping the agency to achieve its
pipeline safety goals;
(b) The accuracy of the agency’s
estimate of the burden of the proposed
collection;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) Ways to minimize the burden on
those who are to respond, including the
use of appropriate automated,
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
4129
electronic, mechanical, or other
technological collection techniques.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1.48.
Issued in Washington, DC, on February 11,
2019, under authority delegated in 49 CFR
1.97.
John A. Gale,
Director, Standards and Rulemaking Division.
[FR Doc. 2019–02316 Filed 2–13–19; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Revision; Comment Request;
Regulation C—Home Mortgage
Disclosure
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information
collection as required by the Paperwork
Reduction Act of 1995 (PRA).
An agency may not conduct or
sponsor, and respondents are not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The OCC is soliciting comment
concerning the revision of the
information collection titled
‘‘Regulation C—Home Mortgage
Disclosure.’’
SUMMARY:
Comments must be submitted on
or before April 15, 2019.
ADDRESSES: Commenters are encouraged
to submit comments by email, if
possible. You may submit comments by
any of the following methods:
• Email: prainfo@occ.treas.gov.
• Mail: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention:
1557–NEW, 400 7th Street SW, Suite
3E–218, Washington, DC 20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
• Fax: (571) 465–4326.
Instructions: You must include
‘‘OCC’’ as the agency name and 1557–
NEW, in your comment. In general, the
OCC will publish comments on
DATES:
E:\FR\FM\14FEN1.SGM
14FEN1
4130
Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Notices
www.reginfo.gov 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
information collection beginning on the
date of publication of the second notice
for this collection 1 by any of the
following methods:
• Viewing Comments Electronically:
Go to www.reginfo.gov. Click on the
‘‘Information Collection Review’’ tab.
Underneath the ‘‘Currently under
Review’’ section heading, from the dropdown menu, select ‘‘Department of
Treasury’’ and then click ‘‘submit.’’ This
information collection can be located by
searching by OMB control number
‘‘Regulation C—Home Mortgage
Disclosure.’’ Upon finding the
appropriate information collection, click
on the related ‘‘ICR Reference Number.’’
On the next screen, select ‘‘View
Supporting Statement and Other
Documents’’ and then click on the link
to any comment listed at the bottom of
the screen.
• For assistance in navigating
www.reginfo.gov, please contact the
Regulatory Information Service Center
at (202) 482–7340.
• Viewing Comments Personally: You
may personally inspect comments at the
OCC, 400 7th Street SW, Washington,
DC. For security reasons, the OCC
requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 649–6700 or,
for persons who are deaf or hearing
impaired, TTY, (202) 649–5597. Upon
arrival, visitors will be required to
present valid government-issued photo
identification and submit to security
screening in order to inspect comments.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490 or, for persons
who are deaf or hearing impaired, TTY,
(202) 649–5597, Chief Counsel’s Office,
Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), federal
agencies must obtain approval from the
1 Following the close of the 60-day comment
period for this notice, the OCC will publish a notice
for 30 days of comment for this collection.
VerDate Sep<11>2014
17:54 Feb 13, 2019
Jkt 247001
OMB for each collection of information
that they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of title 44 requires Federal
agencies to provide a 60-day notice in
the Federal Register concerning each
proposed collection of information,
including each proposed revision of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the OCC is publishing this
notice.
Title: Regulation C—Home Mortgage
Disclosure Act.
OMB Control Nos.: 1557–NEW.2
Type of Review: Regular review.
Description: Regulation C,3 which
implements the Home Mortgage
Disclosure Act 4 (HMDA) enacted in
1975, requires certain depository and
non-depository institutions that make
certain mortgage loans to collect, report,
and disclose data about originations and
purchases of mortgage loans, as well as
loan applications that do not result in
originations. HMDA generates loan data
that can be used to: (1) Help determine
whether financial institutions are
serving the housing needs of their
communities; (2) assist public officials
in distributing public-sector
investments so as to attract private
investment to areas where it is needed;
and (3) assist in identifying possible
discriminatory lending patterns and
enforcing anti-discrimination statutes.
The Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010 5
(the Dodd-Frank Act) transferred HMDA
and its rulemaking authority from the
Board of Governors of the Federal
Reserve System (Board) to the Consumer
Financial Protection Bureau (CFPB), and
transferred supervisory and enforcement
authority for HMDA for depository
institutions over $10 billion in
consolidated assets from the Board,
Federal Deposit Insurance Corporation,
OCC, and National Credit Union
Administration to the CFPB.
The CFPB published a final rule on
October 28, 2015, that expanded the
data collected and reported under
HMDA, as implemented by Regulation
C, and published a final rule on
September 13, 2017, with additional
2 Regulation C is currently covered by OMB
Control No. 1557–0176, which also covers other
consumer regulations. The OCC is requesting a new
control number for Regulation C only.
3 12 CFR part 1003.
4 12 U.S.C. 2801–2811.
5 Public Law 111–203, July 21, 2010.
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
corrections and clarifications (final
rules). The final rules also modified the
types of lenders and loans covered
under Regulation C. First, for data
collected in 2017, and reported in 2018,
the rule simply reduces the number of
institutions covered under Regulation C
because only depositories originating
more than 25 closed-end loans must
report the data. Then, starting January 1,
2018, an institution was required to
begin collecting expanded data under
HMDA if it either originates 25 or more
closed-end mortgage loans or 500 or
more open-end lines of credit secured
by a dwelling in each of the two
preceding years, in addition to meeting
other criteria. These institutions will
begin reporting the expanded HMDA
data in 2019, except to the extent that
a later 2018 rule (discussed below)
provides a partial exemption from
reporting certain data. Starting in 2020,
an institution will collect data on openend lines of credit if it originates more
than 100 open-end lines of credit
secured by a dwelling in each of the two
preceding years (and report that openend lines of credit data beginning in
2021). An institution also will collect
and report covered loans and
applications quarterly if it received a
total of at least 60,000 covered loans and
applications in the preceding calendar
year. An institution must report a
covered loan if it has met the loan
origination threshold for that loan
category (open-end or closed-end); an
institution that is not required to report
data may voluntarily do so.
In addition, the types of loans covered
under Regulation C changed under the
final rules beginning in 2018. Covered
institutions are required to collect and
report any mortgage loan secured by a
dwelling, including open-end lines of
credit, regardless of the loan’s purpose.
Dwelling-secured loans that are made
principally for a commercial or business
purpose, as well as agricultural–purpose
loans and other specified loans are
excluded.
On September 7, 2018, the CFPB
issued an interpretive and procedural
rule 6 to implement section 104(a) of the
Economic Growth, Regulatory Relief,
and Consumer Protection Act 7
(EGRRCPA). Section 104(a) amended
certain provisions of the Home Mortgage
Disclosure Act (HMDA) by adding
partial exemptions from HMDA’s
requirements for certain insured
depository institutions and insured
credit unions. Insured depository
institutions and insured credit unions
covered by a partial exemption have the
6 83
FR 45325.
Law 115–174, 132 Stat. 1296 (2018).
7 Public
E:\FR\FM\14FEN1.SGM
14FEN1
Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Notices
option of reporting exempt data fields as
long as they report all data fields within
any exempt data point for which they
report data.
Section 104(a) of the EGRRCPA
amends HMDA section 304(i), which
provides that the requirements of
HMDA section 304(b)(5) and (6) shall
not apply with respect to closed-end
mortgage loans of an insured depository
institution or insured credit union if it
originated fewer than 500 closed-end
mortgage loans in each of the two
preceding calendar years. Sections
304(b)(5) and (6) do not apply with
respect to open-end lines of credit of an
insured depository institution or
insured credit union if it originated
fewer than 500 open-end lines of credit
in each of the two preceding calendar
years. An insured depository institution
still must comply with HMDA section
304(b)(5) and (6) if it has received a
rating of ‘‘needs to improve record of
meeting community credit needs’’
during each of its two most recent
examinations or a rating of ‘‘substantial
noncompliance in meeting community
credit needs’’ on its most recent
Community Reinvestment Act
examination.
We have adjusted our burden
estimates based on section 104(a). We
are soliciting comment on the questions
set forth below in light of the section
104(a) changes.
Affected Public: Businesses or other
for-profit.
Burden Estimates:
2018:
Estimated Number of Respondents:
683.
Estimated Annual Burden: 723,233
hours.
2019:
Estimated Number of Respondents:
683.
Estimated Annual Burden: 635,938
hours.
Frequency of Response: On occasion.
Comments: 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 collections of
information are 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 estimates of the information
collection burden; (c) Ways to enhance
the quality, utility, and clarity of the
information to be collected; (d) Ways to
minimize the burden of the collection
on respondents, including through the
use of automated collection techniques
or other forms of information
VerDate Sep<11>2014
17:54 Feb 13, 2019
Jkt 247001
technology; and (e) Estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: February 8, 2019.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the
Comptroller of the Currency.
[FR Doc. 2019–02328 Filed 2–13–19; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request
Office of the Comptroller of the
Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint notice and request for
comment.
AGENCY:
In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the OCC,
the Board, and the FDIC (the agencies)
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. On September 28, 2018, the
agencies, under the auspices of the
Federal Financial Institutions
Examination Council (FFIEC), requested
public comment for 60 days on a
proposal to revise and extend the
Consolidated Reports of Condition and
Income for a Bank with Domestic and
Foreign Offices (FFIEC 031), the
Consolidated Reports of Condition and
Income for a Bank with Domestic
Offices Only (FFIEC 041), and the
Consolidated Reports of Condition and
Income for a Bank with Domestic
Offices Only and Total Assets Less Than
$1 Billion (FFIEC 051), which are
currently approved collections of
information. The Consolidated Reports
of Condition and Income are commonly
referred to as Call Reports. In addition,
the FFIEC requested public comment for
60 days on a proposal to revise and
extend the Report of Assets and
Liabilities of U.S. Branches and
Agencies of Foreign Banks (FFIEC 002)
and the Report of Assets and Liabilities
SUMMARY:
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
4131
of a Non-U.S. Branch that is Managed or
Controlled by a U.S. Branch or Agency
of a Foreign (Non-U.S.) Bank (FFIEC
002S), which are currently approved
collections of information. The Board
published this proposal on behalf of the
agencies. Also, the agencies requested
public comment for 60 days on
proposals to revise and extend the
Foreign Branch Report of Condition
(FFIEC 030), the Abbreviated Foreign
Branch Report of Condition (FFIEC
030S), and the Regulatory Capital
Reporting for Institutions Subject to the
Advanced Capital Adequacy Framework
(FFIEC 101), which are currently
approved collections of information.
The comment period for the
September 2018 notice ended on
November 27, 2018. As described in the
SUPPLEMENTARY INFORMATION section,
after considering the comments received
on the proposals, the FFIEC and
agencies will proceed with the proposed
reporting revisions to and extensions of
the FFIEC 031, FFIEC 041, FFIEC 051,
FFIEC 002, FFIEC 002S, FFIEC 030,
FFIEC 030S, and FFIEC 101, as
originally proposed, with some
modification to the FFIEC 031 and
FFIEC 041. These proposed revisions
generally address the revised accounting
for credit losses under the Financial
Accounting Standards Board’s (FASB)
Accounting Standards Update (ASU)
No. 2016–13, ‘‘Financial Instruments—
Credit Losses (Topic 326): Measurement
of Credit Losses on Financial
Instruments’’ (ASU 2016–13). This
proposal also includes regulatory capital
reporting changes related to
implementing the agencies’ recent final
rule on the implementation and capital
transition for the current expected credit
losses methodology (CECL).
In addition, this notice includes other
revisions to the Call Reports and the
FFIEC 101 resulting from two sections
of the Economic Growth, Regulatory
Relief, and Consumer Protection Act
(EGRRCPA), effective upon enactment
on May 24, 2018, that affect the
information reported in these reports
and for which the agencies submitted
emergency review requests to OMB that
OMB has approved.
The proposed revisions related to
ASU 2016–13 would begin to take effect
March 31, 2019, for reports with
quarterly report dates and December 31,
2019, for reports with an annual report
date, with later effective dates for
certain respondents.
In addition, the agencies are giving
notice they are sending the collections
to OMB for review.
DATES: Comments must be submitted on
or before March 18, 2019.
E:\FR\FM\14FEN1.SGM
14FEN1
Agencies
[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Pages 4129-4131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02328]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Information Collection
Revision; Comment Request; Regulation C--Home Mortgage Disclosure
AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: The OCC, as part of its continuing effort to reduce paperwork
and respondent burden, invites the general public and other Federal
agencies to take this opportunity to comment on a continuing
information collection as required by the Paperwork Reduction Act of
1995 (PRA).
An agency may not conduct or sponsor, and respondents are not
required to respond to, an information collection unless it displays a
currently valid Office of Management and Budget (OMB) control number.
The OCC is soliciting comment concerning the revision of the
information collection titled ``Regulation C--Home Mortgage
Disclosure.''
DATES: Comments must be submitted on or before April 15, 2019.
ADDRESSES: Commenters are encouraged to submit comments by email, if
possible. You may submit comments by any of the following methods:
Email: prainfo@occ.treas.gov.
Mail: Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency, Attention: 1557-NEW, 400 7th
Street SW, Suite 3E-218, Washington, DC 20219.
Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
Washington, DC 20219.
Fax: (571) 465-4326.
Instructions: You must include ``OCC'' as the agency name and 1557-
NEW, in your comment. In general, the OCC will publish comments on
[[Page 4130]]
www.reginfo.gov 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 information collection beginning on the date of publication of the
second notice for this collection \1\ by any of the following methods:
---------------------------------------------------------------------------
\1\ Following the close of the 60-day comment period for this
notice, the OCC will publish a notice for 30 days of comment for
this collection.
---------------------------------------------------------------------------
Viewing Comments Electronically: Go to www.reginfo.gov.
Click on the ``Information Collection Review'' tab. Underneath the
``Currently under Review'' section heading, from the drop-down menu,
select ``Department of Treasury'' and then click ``submit.'' This
information collection can be located by searching by OMB control
number ``Regulation C--Home Mortgage Disclosure.'' Upon finding the
appropriate information collection, click on the related ``ICR
Reference Number.'' On the next screen, select ``View Supporting
Statement and Other Documents'' and then click on the link to any
comment listed at the bottom of the screen.
For assistance in navigating www.reginfo.gov, please
contact the Regulatory Information Service Center at (202) 482-7340.
Viewing Comments Personally: You may personally inspect
comments at the OCC, 400 7th Street SW, Washington, DC. For security
reasons, the OCC requires that visitors make an appointment to inspect
comments. You may do so by calling (202) 649-6700 or, for persons who
are deaf or hearing impaired, TTY, (202) 649-5597. Upon arrival,
visitors will be required to present valid government-issued photo
identification and submit to security screening in order to inspect
comments.
FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance
Officer, (202) 649-5490 or, for persons who are deaf or hearing
impaired, TTY, (202) 649-5597, Chief Counsel's Office, Office of the
Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), federal
agencies must obtain approval from the OMB for each collection of
information that they conduct or sponsor. ``Collection of information''
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency
requests or requirements that members of the public submit reports,
keep records, or provide information to a third party. Section
3506(c)(2)(A) of title 44 requires Federal agencies to provide a 60-day
notice in the Federal Register concerning each proposed collection of
information, including each proposed revision of an existing collection
of information, before submitting the collection to OMB for approval.
To comply with this requirement, the OCC is publishing this notice.
Title: Regulation C--Home Mortgage Disclosure Act.
OMB Control Nos.: 1557-NEW.\2\
---------------------------------------------------------------------------
\2\ Regulation C is currently covered by OMB Control No. 1557-
0176, which also covers other consumer regulations. The OCC is
requesting a new control number for Regulation C only.
---------------------------------------------------------------------------
Type of Review: Regular review.
Description: Regulation C,\3\ which implements the Home Mortgage
Disclosure Act \4\ (HMDA) enacted in 1975, requires certain depository
and non-depository institutions that make certain mortgage loans to
collect, report, and disclose data about originations and purchases of
mortgage loans, as well as loan applications that do not result in
originations. HMDA generates loan data that can be used to: (1) Help
determine whether financial institutions are serving the housing needs
of their communities; (2) assist public officials in distributing
public-sector investments so as to attract private investment to areas
where it is needed; and (3) assist in identifying possible
discriminatory lending patterns and enforcing anti-discrimination
statutes.
---------------------------------------------------------------------------
\3\ 12 CFR part 1003.
\4\ 12 U.S.C. 2801-2811.
---------------------------------------------------------------------------
The Dodd-Frank Wall Street Reform and Consumer Protection Act of
2010 \5\ (the Dodd-Frank Act) transferred HMDA and its rulemaking
authority from the Board of Governors of the Federal Reserve System
(Board) to the Consumer Financial Protection Bureau (CFPB), and
transferred supervisory and enforcement authority for HMDA for
depository institutions over $10 billion in consolidated assets from
the Board, Federal Deposit Insurance Corporation, OCC, and National
Credit Union Administration to the CFPB.
---------------------------------------------------------------------------
\5\ Public Law 111-203, July 21, 2010.
---------------------------------------------------------------------------
The CFPB published a final rule on October 28, 2015, that expanded
the data collected and reported under HMDA, as implemented by
Regulation C, and published a final rule on September 13, 2017, with
additional corrections and clarifications (final rules). The final
rules also modified the types of lenders and loans covered under
Regulation C. First, for data collected in 2017, and reported in 2018,
the rule simply reduces the number of institutions covered under
Regulation C because only depositories originating more than 25 closed-
end loans must report the data. Then, starting January 1, 2018, an
institution was required to begin collecting expanded data under HMDA
if it either originates 25 or more closed-end mortgage loans or 500 or
more open-end lines of credit secured by a dwelling in each of the two
preceding years, in addition to meeting other criteria. These
institutions will begin reporting the expanded HMDA data in 2019,
except to the extent that a later 2018 rule (discussed below) provides
a partial exemption from reporting certain data. Starting in 2020, an
institution will collect data on open-end lines of credit if it
originates more than 100 open-end lines of credit secured by a dwelling
in each of the two preceding years (and report that open-end lines of
credit data beginning in 2021). An institution also will collect and
report covered loans and applications quarterly if it received a total
of at least 60,000 covered loans and applications in the preceding
calendar year. An institution must report a covered loan if it has met
the loan origination threshold for that loan category (open-end or
closed-end); an institution that is not required to report data may
voluntarily do so.
In addition, the types of loans covered under Regulation C changed
under the final rules beginning in 2018. Covered institutions are
required to collect and report any mortgage loan secured by a dwelling,
including open-end lines of credit, regardless of the loan's purpose.
Dwelling-secured loans that are made principally for a commercial or
business purpose, as well as agricultural-purpose loans and other
specified loans are excluded.
On September 7, 2018, the CFPB issued an interpretive and
procedural rule \6\ to implement section 104(a) of the Economic Growth,
Regulatory Relief, and Consumer Protection Act \7\ (EGRRCPA). Section
104(a) amended certain provisions of the Home Mortgage Disclosure Act
(HMDA) by adding partial exemptions from HMDA's requirements for
certain insured depository institutions and insured credit unions.
Insured depository institutions and insured credit unions covered by a
partial exemption have the
[[Page 4131]]
option of reporting exempt data fields as long as they report all data
fields within any exempt data point for which they report data.
---------------------------------------------------------------------------
\6\ 83 FR 45325.
\7\ Public Law 115-174, 132 Stat. 1296 (2018).
---------------------------------------------------------------------------
Section 104(a) of the EGRRCPA amends HMDA section 304(i), which
provides that the requirements of HMDA section 304(b)(5) and (6) shall
not apply with respect to closed-end mortgage loans of an insured
depository institution or insured credit union if it originated fewer
than 500 closed-end mortgage loans in each of the two preceding
calendar years. Sections 304(b)(5) and (6) do not apply with respect to
open-end lines of credit of an insured depository institution or
insured credit union if it originated fewer than 500 open-end lines of
credit in each of the two preceding calendar years. An insured
depository institution still must comply with HMDA section 304(b)(5)
and (6) if it has received a rating of ``needs to improve record of
meeting community credit needs'' during each of its two most recent
examinations or a rating of ``substantial noncompliance in meeting
community credit needs'' on its most recent Community Reinvestment Act
examination.
We have adjusted our burden estimates based on section 104(a). We
are soliciting comment on the questions set forth below in light of the
section 104(a) changes.
Affected Public: Businesses or other for-profit.
Burden Estimates:
2018:
Estimated Number of Respondents: 683.
Estimated Annual Burden: 723,233 hours.
2019:
Estimated Number of Respondents: 683.
Estimated Annual Burden: 635,938 hours.
Frequency of Response: On occasion.
Comments: 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 collections of information are 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
estimates of the information collection burden; (c) Ways to enhance the
quality, utility, and clarity of the information to be collected; (d)
Ways to minimize the burden of the collection on respondents, including
through the use of automated collection techniques or other forms of
information technology; and (e) Estimates of capital or start-up costs
and costs of operation, maintenance, and purchase of services to
provide information.
Dated: February 8, 2019.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2019-02328 Filed 2-13-19; 8:45 am]
BILLING CODE 4810-33-P