Agency Information Collection Activities: Revision of an Approved Information Collection; Submission for OMB Review; Fair Housing Home Loan Data System Regulation, 14143-14145 [2024-03855]
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14143
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices
be required to have an independent
third-party conduct an Annual
Assessment of its Bond Loan portfolio.
The Annual Assessment is intended to
support the CDFI Fund’s annual
monitoring of the Bond Loan portfolio
and to collect financial health, internal
control, investment impact
measurement methodology information
related to the Eligible CDFIs. This
assessment is consistent with the
program’s requirements for Compliance
Management and Monitoring (CMM)
and Portfolio Management and Loan
Monitoring (PMLM), and will be
required pursuant to the Bond
Documents and the Bond Loan
documents. The assessment will also
add to the Department of the Treasury’s
review and impact analysis on the use
of Bond Loan proceeds in underserved
communities and support the CDFI
Fund in proactively managing portfolio
risks and performance. The Annual
Assessment criteria for Qualified Issuers
and Eligible CDFIs is available on the
CDFI Fund’s website.
i. The CDFI Fund reserves the right,
in its sole discretion, to modify its
reporting requirements if it determines
it to be appropriate and necessary;
however, such reporting requirements
will be modified only after notice to
Qualified Issuers. Additional
information about reporting
requirements pursuant to this NOGA,
the Bond Documents and the Bond Loan
documents will be subject to the
Paperwork Reduction Act, as applicable.
2. Accounting.
a. In general, the CDFI Fund will
require each Qualified Issuer and
Eligible CDFI to account for and track
the use of Bond Proceeds and Bond
Loan proceeds. This means that for
every dollar of Bond Proceeds received
from the Bond Purchaser, the Qualified
Issuer is required to inform the CDFI
Fund of its uses, including Bond Loan
proceeds. This will require Qualified
Issuers and Eligible CDFIs to establish
separate administrative and accounting
controls, subject to the applicable OMB
Circulars.
b. The CDFI Fund will provide
guidance to Qualified Issuers outlining
the format and content of the
information that is to be provided on an
annual basis, outlining and describing
how the Bond Proceeds and Bond Loan
proceeds were used.
VI. Agency Contacts
A. General Information on Questions
and CDFI Fund Support: The CDFI
Fund will respond to questions and
provide support concerning this NOGA,
the Qualified Issuer Application and the
Guarantee Application between the
hours of 9:00 a.m. and 5:00 p.m. ET,
starting with the date of the publication
of this NOGA. The final date to submit
questions is April 9, 2024. Applications
and other information regarding the
CDFI Fund and its programs may be
obtained from the CDFI Fund’s website
at https://www.cdfifund.gov. The CDFI
Fund will post on its website responses
to questions of general applicability
regarding the CDFI Bond Guarantee
Program.
B. The CDFI Fund’s contact
information is as follows:
TABLE 2—CONTACT INFORMATION
Type of question
Telephone number (not toll free)
CDFI Bond Guarantee Program .............................................................
CDFI Certification ....................................................................................
Compliance Monitoring and Evaluation ..................................................
Information Technology Support .............................................................
C. Communication with the CDFI
Fund: The CDFI Fund will
communicate with applicants, Qualified
Issuers, Program Administrators,
Servicers, Certified CDFIs and Eligible
CDFIs, using the contact information
maintained in their respective AMIS
accounts. Therefore, each such entity
must maintain accurate contact
information (including contact person
and authorized representative, email
addresses, fax numbers, phone numbers,
and office addresses) in its respective
AMIS account. For more information
about AMIS, please see the AMIS
Landing Page at https://
amis.cdfifund.gov.
khammond on DSKJM1Z7X2PROD with NOTICES
VII. Information Sessions and Outreach
The CDFI Fund may conduct
webcasts, webinars, or information
sessions for organizations that are
considering applying to, or are
interested in learning about, the CDFI
Bond Guarantee Program. The CDFI
Fund intends to provide targeted
outreach to both Qualified Issuer and
Eligible CDFI participants to clarify the
roles and requirements under the CDFI
VerDate Sep<11>2014
16:23 Feb 23, 2024
Jkt 262001
(202)
(202)
(202)
(202)
653–0421
653–0423
653–0423
653–0422
Option 5 ..............
.............................
.............................
.............................
Bond Guarantee Program. For further
information, or to sign up for alerts,
please visit the CDFI Fund’s website at
https://www.cdfifund.gov.
Authority: Pub. L. 111–240; 12 U.S.C.
4701, et seq.; 12 CFR part 1808; 12 CFR
part 1805;12 CFR part 1815.
Marcia Sigal,
Acting Director, Community Development
Financial Institutions Fund.
[FR Doc. 2024–03750 Filed 2–23–24; 8:45 am]
BILLING CODE 4810–05–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Revision of an Approved
Information Collection; Submission for
OMB Review; Fair Housing Home Loan
Data System Regulation
Office of the Comptroller of the
Currency (OCC), Treasury.
AGENCY:
ACTION:
PO 00000
Notice and request for comment.
Frm 00104
Fmt 4703
Sfmt 4703
Email addresses
bgp@cdfi.treas.gov.
ccme@cdfi.treas.gov.
ccme@cdfi.treas.gov.
AMIS@cdfi.treas.gov.
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995 (PRA). In
accordance with the requirements of the
PRA, the OCC may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The OCC is
soliciting comment concerning a
revision to its information collection
titled, ‘‘Fair Housing Home Loan Data
System Regulation.’’
SUMMARY:
Comments must be received by
March 27, 2024.
DATES:
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, Office
of the Comptroller of the Currency,
Attention: 1557–0159, 400 7th Street
ADDRESSES:
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14144
Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices
SW, Suite 3E–218, Washington, DC
20219.
• Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
• Fax: (571) 293–4835.
Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0159’’ in your comment. In general, the
OCC will publish comments on
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 also be
sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. You can find this
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 following the
close of the 30-day comment period for
this notice by the method set forth in
the next bullet.
• Viewing Comments Electronically:
Go to www.reginfo.gov. Hover over the
‘‘Information Collection Review’’ tab
and click on ‘‘Information Collection
Review’’ from the drop-down menu.
From the ‘‘Currently under Review’’
drop-down menu, select ‘‘Department of
Treasury’’ and then click ‘‘submit.’’ This
information collection can be located by
searching OMB control number ‘‘1557–
0159’’ or ‘‘Fair Housing Home Loan Data
System Regulation.’’ Upon finding the
appropriate information collection, click
on the related ‘‘ICR Reference Number.’’
On the next screen, select ‘‘View
Supporting Statement and Other
Documents’’ and then click on the link
to any comment listed at the bottom of
the screen.
• For assistance in navigating
www.reginfo.gov, please contact the
Regulatory Information Service Center
at (202) 482–7340.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, Clearance Officer,
(202) 649–5490, Chief Counsel’s Office,
Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219. If you are deaf,
VerDate Sep<11>2014
16:23 Feb 23, 2024
Jkt 262001
hard of hearing, or have a speech
disability, please dial 7–1–1 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), Federal
agencies must obtain approval from the
OMB for each collection of information
that they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. The OCC
asks OMB to approve this revised
collection.
Title: Fair Housing Home Loan Data
System Regulation.
OMB Control No.: 1557–0159.
Type of Review: Regular.
Affected Public: Businesses or other
for-profit.
Estimated Frequency of Response: On
occasion.
Description: Part 27 requires certain
national banks to record certain
information and all national banks to
retain certain information.1 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. Specifically, national banks
that are HMDA reporters meet the part
27 requirement by recording HMDA
data along with the reasons for denying
any loan application on the HMDA Loan
Application/Register (LAR).4 A national
bank that is not a HMDA reporter but
that receives more than 50 home loan
applications annually must comply with
part 27 by either: (1) recording and
reporting HMDA data and denial
reasons on the LAR as if they were a
HMDA reporter,5 or (2) recording and
maintaining part 27-specified activity
data relating to aggregate numbers of
certain types of loans by geography and
action taken.6 Part 27 also requires that
all national banks, including those not
subject to the recording requirements, to
1 The OCC issued part 27 as part of a settlement
agreement in a case in which the plaintiffs alleged
that Federal agencies, including the OCC, were
obligated to exercise supervisory and regulatory
powers to prevent discrimination in home mortgage
lending under Title VIII of the Civil Rights Act of
1968 (Fair Housing Act). See National Urban
League, et al. v. Office of the Comptroller of the
Currency, et al., 78 F.R.D. 543, 544 (D.D.C. May 3,
1978). See also 44 FR 63084, November 2, 1979.
2 12 CFR part 1003.
3 12 U.S.C. 2801 et seq.
4 12 CFR 27.3(a)(1)(i).
5 12 CFR 27.3(a)(5).
6 12 CFR 27.3(a)(2).
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
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.
The requirements in part 27 are as
follows:
Section 27.3(a)(1) requires provision
of the data that national banks are
required to collect on home loans
pursuant to Regulation C.7
Sections 27.3(a)(2) and (3) require
national banks that receive more than 50
applications but are not HMDA
reporters to collect certain information
quarterly.
Section 27.3(a) also lists exceptions to
the HMDA–LAR recordkeeping
requirements.
Section 27.3(b) lists the information
national banks must attempt to obtain
from an applicant as part of a home loan
application and sets forth the
information that banks must disclose to
an applicant.
Section 27.3(c) sets forth additional
information national banks must
maintain in each of their home loan
files.
Section 27.4 states that the OCC may
require a national bank to maintain a
Fair Housing Inquiry/Application Log
found in Appendix III to part 27
including if: (1) there is reason to
believe that the bank is prescreening, or
otherwise engaging in discriminatory
practices on a prohibited basis, (2)
complaints filed with the Comptroller or
letters in the Community Reinvestment
Act file are found to be substantive in
nature, indicating that the bank’s home
lending practices are, or may be,
discriminatory, or (3) analysis of the
data compiled by the bank under HMDA
and Regulation C indicates a pattern of
significant variation in the number of
home loans between census tracts with
similar incomes and home ownership
levels differentiated only by race or
national origin.
Section 27.5 requires a national bank
to maintain the information required by
§ 27.3 for 25 months after the bank
notifies the applicant of action taken on
an application or after withdrawal of an
application.
Section 27.7 requires a national bank
to submit to the OCC, upon request
prior to a scheduled examination, the
information required by §§ 27.3(a) and
27.4. Non-HMDA reporters with more
than 50 applications are required to
7 The quarterly recordkeeping requirements under
12 CFR 27.3(a) do not add any burden because they
are duplicative of the recordkeeping requirements
under 12 CFR 1003.4(f). See OMB control number
1557–0345.
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Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices
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, § 27.7(c)(3) states that a
bank with fewer than 75 home loan
applications in the preceding year is not
required to submit such forms unless
the home loan activity is concentrated
in the few months preceding the request
for data, indicating the likelihood of
increased activity over the subsequent
year, or there is cause to believe that a
bank is not in compliance with the fair
housing laws based on prior
examinations and/or complaints, among
other factors.
Section 27.7(d) provides that if there
is cause to believe that a national bank
is in noncompliance with fair housing
laws, the Comptroller may require
submission of additional Home Loan
Data Submission Forms. The
Comptroller may also require
submission of the information
maintained under § 27.3(a) and Home
Loan Data Submission Forms at more
frequent intervals than specified.
Burden Estimates:
Estimated Number of Respondents:
702.
Estimated Total Annual Burden:
12,632 hours.
Comments: On December 15, 2023,
the OCC published a 60-day notice for
this information collection, 88 FR
87052. 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 burden of the collection
of information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the
Comptroller of the Currency.
[FR Doc. 2024–03855 Filed 2–23–24; 8:45 am]
BILLING CODE 4810–33–P
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16:23 Feb 23, 2024
Jkt 262001
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Submission for OMB Review;
OCC Guidelines Establishing
Heightened Standards for Certain
Large Insured National Banks, Insured
Federal Savings Associations, and
Insured Federal Branches
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
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995 (PRA). In
accordance with the requirements of the
PRA, the OCC may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The OCC is
soliciting comment concerning the
renewal of its information collection
titled, ‘‘OCC Guidelines Establishing
Heightened Standards for Certain Large
Insured National Banks, Insured Federal
Savings Associations, and Insured
Federal Branches.’’ The OCC also is
giving notice that it has sent the
collection to OMB for review.
DATES: Comments must be received by
March 27, 2024.
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, Office
of the Comptroller of the Currency,
Attention: 1557–0321, 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) 293–4835.
Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0321’’ 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
SUMMARY:
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
14145
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 also be
sent within 30 days of publication of
this notice to www.reginfo.gov/public/
do/PRAMain. You can find this
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 following the
close of the 30-day comment period for
this notice by the method set forth in
the next bullet.
• Viewing Comments Electronically:
Go to www.reginfo.gov. Hover over the
‘‘Information Collection Review’’ tab
and click on ‘‘Information Collection
Review’’ from the drop-down menu.
From the ‘‘Currently under Review’’
drop-down menu, select ‘‘Department of
Treasury’’ and then click ‘‘submit.’’ This
information collection can be located by
searching OMB control number ‘‘1557–
0321’’ or ‘‘OCC Guidelines Establishing
Heightened Standards for Certain Large
Insured National Banks, Insured Federal
Savings Associations, and Insured
Federal Branches.’’ 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.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, Clearance Officer,
(202) 649–5490, Chief Counsel’s Office,
Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219. If you are deaf,
hard of hearing, or have a speech
disability, please dial 7–1–1 to access
telecommunications relay services.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), Federal
agencies must obtain approval from the
OMB for each collection of information
that they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. The OCC
E:\FR\FM\26FEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14143-14145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03855]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Revision of an Approved
Information Collection; 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 comment on a continuing information
collection, as required by the Paperwork Reduction Act of 1995 (PRA).
In accordance with the requirements of the PRA, the OCC may not conduct
or sponsor, and the respondent is not required to respond to, an
information collection unless it displays a currently valid Office of
Management and Budget (OMB) control number. The OCC is soliciting
comment concerning a revision to its information collection titled,
``Fair Housing Home Loan Data System Regulation.''
DATES: Comments must be received by March 27, 2024.
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, Office of the Comptroller of the Currency, Attention: 1557-
0159, 400 7th Street
[[Page 14144]]
SW, Suite 3E-218, Washington, DC 20219.
Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
Washington, DC 20219.
Fax: (571) 293-4835.
Instructions: You must include ``OCC'' as the agency name and
``1557-0159'' in your comment. In general, the OCC will publish
comments on 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 also be sent within 30 days of publication of this
notice to www.reginfo.gov/public/do/PRAMain. You can find this
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 following the close of the 30-day comment
period for this notice by the method set forth in the next bullet.
Viewing Comments Electronically: Go to www.reginfo.gov.
Hover over the ``Information Collection Review'' tab and click on
``Information Collection Review'' from the drop-down menu. From the
``Currently under Review'' drop-down menu, select ``Department of
Treasury'' and then click ``submit.'' This information collection can
be located by searching OMB control number ``1557-0159'' or ``Fair
Housing Home Loan Data System Regulation.'' Upon finding the
appropriate information collection, click on the related ``ICR
Reference Number.'' On the next screen, select ``View Supporting
Statement and Other Documents'' and then click on the link to any
comment listed at the bottom of the screen.
For assistance in navigating www.reginfo.gov, please
contact the Regulatory Information Service Center at (202) 482-7340.
FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer,
(202) 649-5490, Chief Counsel's Office, Office of the Comptroller of
the Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf,
hard of hearing, or have a speech disability, please dial 7-1-1 to
access telecommunications relay services.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval from the OMB for each collection
of information that they conduct or sponsor. ``Collection of
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to
include agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
The OCC asks OMB to approve this revised collection.
Title: Fair Housing Home Loan Data System Regulation.
OMB Control No.: 1557-0159.
Type of Review: Regular.
Affected Public: Businesses or other for-profit.
Estimated Frequency of Response: On occasion.
Description: Part 27 requires certain national banks to record
certain information and all national banks to retain certain
information.\1\ 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. Specifically,
national banks that are HMDA reporters meet the part 27 requirement by
recording HMDA data along with the reasons for denying any loan
application on the HMDA Loan Application/Register (LAR).\4\ A national
bank that is not a HMDA reporter but that receives more than 50 home
loan applications annually must comply with part 27 by either: (1)
recording and reporting HMDA data and denial reasons on the LAR as if
they were a HMDA reporter,\5\ or (2) recording and maintaining part 27-
specified activity data relating to aggregate numbers of certain types
of loans by geography and action taken.\6\ Part 27 also requires that
all national banks, including those not subject to the recording
requirements, 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.
---------------------------------------------------------------------------
\1\ The OCC issued part 27 as part of a settlement agreement in
a case in which the plaintiffs alleged that Federal agencies,
including the OCC, were obligated to exercise supervisory and
regulatory powers to prevent discrimination in home mortgage lending
under Title VIII of the Civil Rights Act of 1968 (Fair Housing Act).
See National Urban League, et al. v. Office of the Comptroller of
the Currency, et al., 78 F.R.D. 543, 544 (D.D.C. May 3, 1978). See
also 44 FR 63084, November 2, 1979.
\2\ 12 CFR part 1003.
\3\ 12 U.S.C. 2801 et seq.
\4\ 12 CFR 27.3(a)(1)(i).
\5\ 12 CFR 27.3(a)(5).
\6\ 12 CFR 27.3(a)(2).
---------------------------------------------------------------------------
The requirements in part 27 are as follows:
Section 27.3(a)(1) requires provision of the data that national
banks are required to collect on home loans pursuant to Regulation
C.\7\
---------------------------------------------------------------------------
\7\ The quarterly recordkeeping requirements under 12 CFR
27.3(a) do not add any burden because they are duplicative of the
recordkeeping requirements under 12 CFR 1003.4(f). See OMB control
number 1557-0345.
---------------------------------------------------------------------------
Sections 27.3(a)(2) and (3) require national banks that receive
more than 50 applications but are not HMDA reporters to collect certain
information quarterly.
Section 27.3(a) also lists exceptions to the HMDA-LAR recordkeeping
requirements.
Section 27.3(b) lists the information national banks must attempt
to obtain from an applicant as part of a home loan application and sets
forth the information that banks must disclose to an applicant.
Section 27.3(c) sets forth additional information national banks
must maintain in each of their home loan files.
Section 27.4 states that the OCC may require a national bank to
maintain a Fair Housing Inquiry/Application Log found in Appendix III
to part 27 including if: (1) there is reason to believe that the bank
is prescreening, or otherwise engaging in discriminatory practices on a
prohibited basis, (2) complaints filed with the Comptroller or letters
in the Community Reinvestment Act file are found to be substantive in
nature, indicating that the bank's home lending practices are, or may
be, discriminatory, or (3) analysis of the data compiled by the bank
under HMDA and Regulation C indicates a pattern of significant
variation in the number of home loans between census tracts with
similar incomes and home ownership levels differentiated only by race
or national origin.
Section 27.5 requires a national bank to maintain the information
required by Sec. 27.3 for 25 months after the bank notifies the
applicant of action taken on an application or after withdrawal of an
application.
Section 27.7 requires a national bank to submit to the OCC, upon
request prior to a scheduled examination, the information required by
Sec. Sec. 27.3(a) and 27.4. Non-HMDA reporters with more than 50
applications are required to
[[Page 14145]]
submit this data using the Monthly Home Loan Activity Format form in
Appendix I to part 27 and the Home Loan Data Submission Form in
Appendix IV to part 27 except that there is an additional exclusion for
national banks with fewer than 75 applications. Specifically, Sec.
27.7(c)(3) states that a bank with fewer than 75 home loan applications
in the preceding year is not required to submit such forms unless the
home loan activity is concentrated in the few months preceding the
request for data, indicating the likelihood of increased activity over
the subsequent year, or there is cause to believe that a bank is not in
compliance with the fair housing laws based on prior examinations and/
or complaints, among other factors.
Section 27.7(d) provides that if there is cause to believe that a
national bank is in noncompliance with fair housing laws, the
Comptroller may require submission of additional Home Loan Data
Submission Forms. The Comptroller may also require submission of the
information maintained under Sec. 27.3(a) and Home Loan Data
Submission Forms at more frequent intervals than specified.
Burden Estimates:
Estimated Number of Respondents: 702.
Estimated Total Annual Burden: 12,632 hours.
Comments: On December 15, 2023, the OCC published a 60-day notice
for this information collection, 88 FR 87052. 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 burden of the
collection of information;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection on respondents,
including through the use of automated collection techniques or other
forms of information technology; and
(e) Estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2024-03855 Filed 2-23-24; 8:45 am]
BILLING CODE 4810-33-P
