Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Community Reinvestment Act Regulation, 84246-84248 [2024-24194]

Agencies

• Office of the Comptroller of the Currency
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84246-84248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24194]


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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; Community Reinvestment Act 
Regulation

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites comment on a continuing information 
collection, as required by the Paperwork Reduction Act of 1995 (PRA). 
In accordance with the requirements of the PRA, the OCC may not conduct 
or sponsor, and the respondent is not required to respond to, an 
information collection unless it displays a currently valid Office of 
Management and Budget (OMB) control number. The OCC is soliciting 
comment concerning the renewal of its information collection titled, 
``Community Reinvestment Act Regulation.'' The OCC also is giving 
notice that it has sent the collection to OMB for review.

DATES: Comments must be received by November 20, 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-
0357, 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 
``1557-0357'' 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 ``1557-0357'' or ``Community 
Reinvestment Act 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 the OMB to extend its approval of the collection in this 
notice.
    Title: Community Reinvestment Act Regulation.
    OMB Control No.: 1557-0357.
    Type of Review: Regular.
    Affected Public: Businesses or other for-profit.
    Description: The CRA requires the Office of the Comptroller of the 
Currency, the Board of Governors of the Federal Reserve System, and the 
Federal Deposit Insurance Corporation (agencies) to assess the record 
of regulated financial institutions (institutions) in helping to meet 
the credit needs of their entire communities, including low- and 
moderate-income neighborhoods, consistent with safe and sound 
operations.\1\ The CRA further requires the agencies to take this 
record into account in evaluating applications for mergers, branches, 
and certain other corporate activities.\2\ The CRA statute requires the 
agencies to issue regulations to carry out its purposes.\3\
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    \1\ 12 U.S.C. 2903(a)(1).
    \2\ See 12 U.S.C. 2903(a)(2).
    \3\ 12 U.S.C. 2905.
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    The agencies use the data collected under the CRA regulations to 
fulfill their statutory obligations, including the assessment of each 
institution's record

[[Page 84247]]

of helping to meet the credit needs of local communities. The agencies 
use the data to support their conclusions regarding an institution's 
record of performance, in assigning a CRA rating, and in preparing the 
public evaluations that the statute requires. Additionally, the 
agencies use these CRA assessments in evaluating an institution's 
applications for mergers, branches, and other corporate activities. The 
public uses the data to assess the institution's CRA performance and to 
participate meaningfully in the application process.
    The scope of this information collection covers national banks, 
insured Federal branches and any Federal branch that is uninsured that 
results from an acquisition described in section 5(a)(8) of the 
International Banking Act of 1978 (12 U.S.C. 3103(a)(8)) (``banks'') 
and Federal savings associations (``savings associations).

Section-by-Section Analysis

     12 CFR 25.25(b)--Requests for designation as a wholesale 
or limited purpose bank or savings association must be made in writing 
with the OCC at least three months prior to the proposed effective date 
of the designation.
     12 CFR 25.27--Strategic plans must be submitted at least 
three months prior to proposed effective dates. Plans must include 
measurable goals and address all the applicable performance categories. 
Plans must include a description of informal efforts to solicit public 
suggestions, any written public comments received, and if revised 
pursuant to public comment, a copy of the initial plan. Amendments may 
be submitted in the case of a change in material circumstances.
     12 CFR 25.42(a), 12 CFR 25.42(b)(1)--Large banks and 
savings associations \4\ must collect and maintain certain small 
business/small farm loan data in a machine-readable form and large 
banks or savings associations that were not small banks or savings 
associations during the prior calendar year must report it annually.
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    \4\ Although the CRA regulations do not define ``large banks and 
savings associations,'' this term is used by the agencies to 
describe banks and savings associations that exceed the small bank 
or savings association asset size threshold in 12 CFR 25.12(u).
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     12 CFR 25.42(b)(2)--Large banks and savings associations, 
except those that were small banks or savings associations during the 
prior calendar year, must report annually in machine readable form the 
aggregate number and aggregate amount of community development loans 
originated or purchased.
     12 CFR 25.42(b)(3)--Large banks and savings associations 
that are subject to reporting under 12 CFR 1003 (Home Mortgage 
Disclosure (Regulation C)), except those that were small banks or 
savings associations during the prior calendar year, must report the 
location of each home mortgage loan application, origination, or 
purchase outside the metropolitan statistical area(s) in which the bank 
or savings association has a home/branch office.
     12 CFR 25.42(c)(1), 12 CFR 25.42(c)(2)--All banks and 
savings associations may collect and maintain in machine readable form 
certain data for consumer loans originated or purchased by a bank or 
savings association for consideration under the lending test. Other 
information may be included concerning their lending performance, 
including additional loan distribution data.
     12 CFR 25.42(d)--Banks and savings associations that elect 
to have the OCC consider loans by an affiliate, for purposes of the 
lending or community development tests or an approved strategic plan, 
must collect, maintain, and report the data that the bank or savings 
association would have collected, maintained, and reported pursuant to 
12 CFR 25.42(a)-(c), respectively, had the loans been originated or 
purchased by the bank or savings association. For home mortgage loans, 
the bank or savings association must also be prepared to identify the 
home mortgage loans reported under HMDA by the affiliate.
     12 CFR 25.42(e)--Banks and savings associations that elect 
to have the OCC consider community development loans by a consortium or 
a third party, for purposes of the lending or community development 
tests or an approved strategic plan, must report for those loans the 
data that the bank or savings association would have reported under 12 
CFR 25.42(b)(2), respectively, had the loans been originated or 
purchased by the bank or savings association.
     12 CFR 25.42(f)--Small banks and savings associations that 
qualify for evaluation under the small bank and savings association 
performance standards but elect evaluation under the lending, 
investment, and service tests must collect, maintain, and report the 
data required for other banks or savings associations under 12 CFR 
25.42(a) and 25.42(b).
     12 CFR 25.42(g)--Banks and savings associations, except 
small banks or savings associations or those that were small banks or 
savings associations during the prior calendar year, must collect and 
report to the OCC by March 1 each year a list for each assessment area 
showing the geographies within the area.
     12 CFR 25.43(a)--All banks and savings associations must 
maintain a public file that contains certain specified details: all 
written comments and responses; a copy of the public section of the 
bank's or savings association's most recent CRA performance evaluation; 
a list of the bank's or savings association's branches; a list of the 
branches opened or closed; a list of services offered; and a map of 
each assessment area delineated by the bank or savings association.
     12 CFR 25.43(b)--Large banks and savings associations, 
except those that were small banks or savings associations during the 
prior calendar year, must include in their public files certain 
information pertaining to the institution and its affiliates, if 
applicable, for each of the prior two calendar years. If the bank or 
savings association has elected to have one or more categories of its 
consumer loans considered under the lending test, for each of these 
categories, they must include the number and amount of loans: to low-, 
moderate-, middle-, and upper-income individuals; located in low-, 
moderate-, middle-, and upper income census tracts; and located inside 
the bank's assessment area(s) and outside the bank's or savings 
association's assessment area(s); and their CRA Disclosure Statement. A 
bank or savings association required to report home mortgage loan data 
pursuant to 12 CFR part 1003 must include a written notice that the 
institution's HMDA Disclosure Statement may be obtained on the Consumer 
Financial Protection Bureau's (Bureau's) website. A bank or savings 
association that elected to have the OCC consider the mortgage lending 
of an affiliate must include the name of the affiliate and a written 
notice that the affiliate's HMDA Disclosure Statement may be obtained 
at the Bureau's website. A small bank or savings association or a bank 
or savings association that was a small bank or savings association 
during the prior calendar year must include: its loan-to-deposit ratio 
for each quarter of the prior calendar year and, at its option, 
additional data on its loan-to-deposit ratio; and the information 
required for other banks or savings associations by 12 CFR 24.43(b)(1), 
if it has elected to be evaluated under the lending, investment, and 
service tests. A bank or savings association that has been approved to 
be assessed under a strategic plan must include in its public file a 
copy of that plan. A bank or savings association that received a less 
than satisfactory rating during its most

[[Page 84248]]

recent examination must include in its public file a description of its 
current efforts to improve its performance in helping to meet the 
credit needs of its entire community. The bank must update the 
description quarterly.
     12 CFR 25.43(c)-(e)--A bank or savings association must 
make available to the public for inspection upon request and at no cost 
the information required in this section at the main office or branch 
as specified. Upon request, a bank or savings association must provide 
copies, either on paper or in another form acceptable to the person 
making the request, of the information in its public file. A bank or 
savings association must ensure that this information is current as of 
April 1 of each year.
    Estimated Burden:
    Estimated Frequency of Response: On occasion.
    Estimated Number of Respondents: 1,247.\5\
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    \5\ The Estimated Number of Respondents and Estimated Total 
Annual Burden were updated to (1) include Federally insured 
branches, (2) confirm the use of up-to-date bank asset sizes, and 
(3) make other clarifying revisions to ensure accurate estimates.
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    Estimated Total Annual Burden: 148,298 hours.
    Comments: On July 16, 2024, the OCC published a 60-day notice for 
this information collection, (89 FR 57992). 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.

Patrick T. Tierney,
Assistant Director, Office of the Comptroller of the Currency.
[FR Doc. 2024-24194 Filed 10-18-24; 8:45 am]
BILLING CODE 4810-33-P