Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Fair Housing Home Loan Data System Regulation, 2033-2035 [2021-00239]
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
Regulation E—12 CFR 1005—Electronic
Fund Transfers 2
This regulation carries out the
purposes of the Electronic Fund
Transfer Act (15 U.S.C. 1693 et seq.),
which establishes the basic rights,
liabilities, and responsibilities of
consumers who use electronic fund
transfers and remittance transfer
services and of financial institutions or
other persons that offer these services.
Regulation M—12 CFR 1013—
Consumer Leasing
This regulation implements the
consumer leasing provisions of the
Truth in Lending Act, including by
requiring meaningful disclosure of
leasing terms.
Regulation Z—12 CFR 1026—Truth in
Lending
This regulation is intended to
promote the informed use of consumer
credit by requiring disclosures about its
terms and cost, including to ensure that
consumers are provided with greater
and more timely information on the
nature and costs of the residential real
estate settlement process, and to effect
certain changes in the settlement
process for residential real estate that
will result in more effective advance
disclosure to home buyers and sellers of
settlement costs. The regulation gives
consumers the right to cancel certain
credit transactions that involve a lien on
a consumer’s principal dwelling,
regulates certain credit card practices,
and provides a means for fair and timely
resolution of credit billing disputes.
Other provisions include rules specific
to credit card accounts, certain
dwelling-secured transactions, homeequity plans, and private education
loans.
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Regulation DD—12 CFR 1030—Truth in
Savings
This regulation requires depository
institutions to provide disclosures to
enable consumers to make meaningful
comparisons among accounts at
depository institutions.
Regulation CC—12 CFR 229—
Availability of Funds and Collection of
Checks
This regulation includes timeframes
to govern the availability of funds
deposited in checking accounts, rules to
govern the collection and return of
checks and electronic checks, and
general provisions to govern the use of
substitute checks.
2 This notice does not apply to the Prepaid
Account Provisions of Regulation E, which are
approved under OMB Control No. 1557–0346.
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Affected Public: Businesses or other
for-profit.
Burden Estimates:
Estimated Number of Respondents:
1,110.
Estimated Annual Burden: 2,937,280
hours.
Frequency of Response: On occasion.
Comments: The OCC issued a notice
for 60 days of comment on October 2,
2020, 85 FR 62367. No comments were
received. Comments continue to be
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 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.
Bao Nguyen,
Principal Deputy Chief Counsel, Office of the
Comptroller of the Currency.
[FR Doc. 2021–00240 Filed 1–8–21; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Submission for OMB Review;
Fair Housing Home Loan Data System
Regulation
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 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
SUMMARY:
PO 00000
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2033
concerning the renewal of the
information collection titled ‘‘Fair
Housing Home Loan Data System
Regulation.’’ The OCC also is giving
notice that it has sent the collection to
OMB for review.
DATES: Comments must be submitted on
or before February 10, 2021.
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: Chief Counsel’s Office,
Attention: Comment Processing, 1557–
0159, Office of the Comptroller of the
Currency, 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–
0159’’ in your comment. In general, the
OCC will publish comments on
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.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
You may review comments and other
related materials that pertain to this
information collection 1 following the
close of the 30-day comment period for
this notice by the following method:
• 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
‘‘1557–0159’’ or ‘‘Fair Housing Home
Loan Data System Regulation.’’ Upon
1 On November 5, 2020, the OCC published a 60day notice for this information collection, 84 FR
70711.
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
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.
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. The OCC
asks that it renew the collection in this
notice.
Title: Fair Housing Home Loan Data
System Regulation.
OMB Control No.: 1557–0159.
Type of Review: Regular review.
Description: Part 27 requires certain
national banks to record certain
information, and all national banks to
retain certain information. Specifically,
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.4 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).5 A national
bank that is not a HMDA reporter but
2 12
CFR part 1003.
U.S.C. 2801 et seq.
4 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) (Defendants were the OCC, FRB, FDIC, and
FHLBB). For discussion of this case, see 44 FR
63084, 63084 (Nov. 2, 1979).
5 12 CFR 27.3(a)(1)(i).
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3 12
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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,6 or (2) recording and
maintaining part 27-specified activity
data relating to aggregate numbers of
certain types of loans by geography and
action taken.7 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. It 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.
The requirements in part 27 are as
follows:
• 12 CFR 27.3(a)(1) requires provision
of the data that national banks are
required to collect on home loans
pursuant to Regulation C.
• Section 27.3(a)(2) requires 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.
• 12 CFR 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.
• 12 CFR 27.3(c) sets forth additional
information national banks must
maintain in each of their home loan
files.
• 12 CFR 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 the
Home Mortgage Disclosure Act (12
U.S.C. 2801 et seq.) 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.
6 12
7 12
PO 00000
CFR 27.3(a)(5).
CFR 27.3(a)(2).
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Sfmt 4703
• 12 CFR 27.5 requires a national
bank to maintain the information
required by § 27.3 for 25 months after
the bank notifies the applicant of action
taken on an application or after
withdrawal of an application.
• 12 CFR 27.7 requires a national
bank to submit to the OCC, upon request
prior to a scheduled examination, the
information required by §§ 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, section
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.
• § 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 § 27.3(a) and Home
Loan Data Submission Forms at more
frequent intervals than specified.
Affected Public: Businesses or other
for-profit.
Burden Estimates:
Estimated Number of Respondents:
956.
Estimated Annual Burden: 19,864
hours.
Frequency of Response: On occasion.
Comments: On November 5, 2020, the
OCC published a 60-day notice for this
information collection, 84 FR 70711. No
comments were received. Comments
continue to be 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
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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices
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.
Bao Nguyen,
Principal Deputy Chief Counsel, Office of the
Comptroller of the Currency.
[FR Doc. 2021–00239 Filed 1–8–21; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; U.S.
Business Income Tax Return Forms
Departmental Offices, U.S.
Department of the Treasury.
ACTION: Notice.
AGENCY:
The Department of the
Treasury will submit the following
information collection requests to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with the Paperwork
Reduction Act of 1995, on or after the
date of publication of this notice. The
public is invited to submit comments on
these requests.
DATES: Comments should be received on
or before February 10, 2021 to be
assured of consideration.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Copies of the submissions may be
obtained from Molly Stasko by emailing
PRA@treasury.gov, calling (202) 622–
SUMMARY:
8922, or viewing the entire information
collection request at www.reginfo.gov.
SUPPLEMENTARY INFORMATION: Today,
over 90 percent of all business entity tax
returns are prepared using software by
the taxpayer or with preparer assistance.
The forms and related schedules and
regulations approved under OMB
Control Number 1545–0123 are used by
business taxpayers. These include
Forms 1065, 1066, 1120, 1120–C, 1120–
F, 1120–H, 1120–ND, 1120–S, 1120–SF,
1120–FSC, 1120–L, 1120–PC, 1120–
REIT, 1120–RIC, 1120–POL, and related
schedules, that business entity
taxpayers attach to their tax returns (see
Appendix A for this notice). In addition,
there are numerous OMB numbers that
report burden already included in this
OMB number. In order to eliminate this
duplicative burden reporting, 163 OMB
numbers are being obsoleted. See
Appendix B for information on the
obsoleted OMB numbers and the burden
that was previously reported under
those numbers.
Tax Compliance Burden
Tax compliance burden is defined as
the time and money taxpayers spend to
comply with their tax filing
responsibilities. Time-related activities
include recordkeeping, tax planning,
gathering tax materials, learning about
the law and what you need to do, and
completing and submitting the return.
Out-of-pocket costs include expenses
such as purchasing tax software, paying
a third-party preparer, and printing and
postage. Tax compliance burden does
not include a taxpayer’s tax liability,
economic inefficiencies caused by suboptimal choices related to tax
deductions or credits, or psychological
costs.
PRA Submission to OMB
Title: U.S. Business Income Tax
Return.
OMB Control Number: 1545–0123.
Form Numbers: Forms 1065, 1066,
1120, 1120–C, 1120–F, 1120–H, 1120–
ND, 1120–S, 1120–SF, 1120–FSC, 1120–
L, 1120–PC, 1120–REIT, 1120–RIC,
1120–POL and all attachments to these
forms (see the Appendix to this notice).
Abstract: These forms are used by
businesses to report their income tax
liability.
Current Actions: There have been
changes in regulatory guidance related
to various forms approved under this
approval package during the past year.
There has been additions and removals
of forms included in this approval
package. These changes will have an
impact on the overall burden and cost
estimates requested for this approval
package, however these estimates were
not finalized at the time of release of the
60-day Federal Register notice on
November 3, 2020 (85 FR 69687). The
estimated burden figures have been
updated and summarized below.
Type of Review: Revision of currently
approved collections.
Affected Public: Corporations and
Pass-Through Entities.
Estimated Number of Respondents:
11,800,000.
Total Estimated Time: 1.085 billion
hours.
Estimated Time per Respondent: 85
hours (partnerships), 135 hours
(corporations), 80 hours (pass-through
corporations).
Total Estimated Out-of-Pocket Costs:
$44.279 billion.
Estimated Out-of-Pocket Cost per
Respondent: $3,800 (partnerships),
$5,700 (corporations), $3,000 (passthrough corporations).
Total Monetized Burden: $95.803
billion.
Estimated Total Monetized Burden
per Respondent: $7,700 (partnerships),
$14,100 (corporations), $6,200 (passthrough corporations).
Note: Amounts below are for
estimates for FY 2021. Reported time
and cost burdens are national averages
and do not necessarily reflect a
‘‘typical’’ case. Most taxpayers
experience lower than average burden,
with taxpayer burden varying
considerably by taxpayer type. Totals
may not add due to rounding.
FISCAL YEAR 2021 ESTIMATES FOR FORM 1120 AND 1065 SERIES OF RETURNS AND FORMS AND SCHEDULES
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Number of Taxpayers ................................................................................................
Burden in Hours .........................................................................................................
Burden in Dollars .......................................................................................................
Monetized Total Burden ............................................................................................
Tables 1, 2, and 3 below show the
burden model estimates for each of the
three classifications of business
taxpayers: Partnerships (Table 1),
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22:36 Jan 08, 2021
Jkt 253001
FY 20
Change in burden
12,000,000
3,344,000,000
$61,558,000,000
$190,981,000,000
(200,000)
(2,259,000,000)
($17,279,000,000)
$(95,178,000,000)
corporations (Table 2) and S
corporations (Table 3). As the tables
show, the average filing compliance is
different for the three forms of business.
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Frm 00119
Fmt 4703
Sfmt 4703
FY 21
11,800,000
1,085,000,000
$44,279,000,000
$95,803,000,000
Showing a combined average burden for
all businesses would understate the
burden for corporations and overstate
the burden for the two pass-through
E:\FR\FM\11JAN1.SGM
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Agencies
[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 2033-2035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00239]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Information Collection
Renewal; Submission for OMB Review; Fair Housing Home Loan Data System
Regulation
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 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 the renewal of
the information collection titled ``Fair Housing Home Loan Data System
Regulation.'' The OCC also is giving notice that it has sent the
collection to OMB for review.
DATES: Comments must be submitted on or before February 10, 2021.
ADDRESSES: Commenters are encouraged to submit comments by email, if
possible. You may submit comments by any of the following methods:
Email: [email protected].
Mail: Chief Counsel's Office, Attention: Comment
Processing, 1557-0159, Office of the Comptroller of the Currency, 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
``1557-0159'' in your comment. In general, the OCC will publish
comments on 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.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
You may review comments and other related materials that pertain to
this information collection \1\ following the close of the 30-day
comment period for this notice by the following method:
---------------------------------------------------------------------------
\1\ On November 5, 2020, the OCC published a 60-day notice for
this information collection, 84 FR 70711.
---------------------------------------------------------------------------
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 ``1557-0159'' or ``Fair Housing Home Loan Data System
Regulation.'' Upon
[[Page 2034]]
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.
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. The OCC asks
that it renew the collection in this notice.
Title: Fair Housing Home Loan Data System Regulation.
OMB Control No.: 1557-0159.
Type of Review: Regular review.
Description: Part 27 requires certain national banks to record
certain information, and all national banks to retain certain
information. Specifically, 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.\4\ 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).\5\ 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,\6\ or (2) recording and maintaining part 27-
specified activity data relating to aggregate numbers of certain types
of loans by geography and action taken.\7\ 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. It 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.
---------------------------------------------------------------------------
\2\ 12 CFR part 1003.
\3\ 12 U.S.C. 2801 et seq.
\4\ 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)
(Defendants were the OCC, FRB, FDIC, and FHLBB). For discussion of
this case, see 44 FR 63084, 63084 (Nov. 2, 1979).
\5\ 12 CFR 27.3(a)(1)(i).
\6\ 12 CFR 27.3(a)(5).
\7\ 12 CFR 27.3(a)(2).
---------------------------------------------------------------------------
The requirements in part 27 are as follows:
12 CFR 27.3(a)(1) requires provision of the data that
national banks are required to collect on home loans pursuant to
Regulation C.
Section 27.3(a)(2) requires 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.
12 CFR 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.
12 CFR 27.3(c) sets forth additional information national
banks must maintain in each of their home loan files.
12 CFR 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 the Home Mortgage Disclosure Act (12 U.S.C.
2801 et seq.) 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.
12 CFR 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.
12 CFR 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, section 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.
Sec. 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.
Affected Public: Businesses or other for-profit.
Burden Estimates:
Estimated Number of Respondents: 956.
Estimated Annual Burden: 19,864 hours.
Frequency of Response: On occasion.
Comments: On November 5, 2020, the OCC published a 60-day notice
for this information collection, 84 FR 70711. No comments were
received. Comments continue to be 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
[[Page 2035]]
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.
Bao Nguyen,
Principal Deputy Chief Counsel, Office of the Comptroller of the
Currency.
[FR Doc. 2021-00239 Filed 1-8-21; 8:45 am]
BILLING CODE 4810-33-P