99-21481. Agency information collection activities: Announcement of Board approval under delegated authority and submission to OMB  

  • [Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
    [Notices]
    [Pages 45259-45260]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-21481]
    
    
    
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    FEDERAL RESERVE SYSTEM
    
    
    Agency information collection activities: Announcement of Board 
    approval under delegated authority and submission to OMB
    
    AGENCY: Board of Governors of the Federal Reserve System
    SUMMARY:
        Background. Notice is hereby given of the final approval of 
    proposed information collection by the Board of Governors of the 
    Federal Reserve System (Board) under OMB delegated authority, as per 5 
    CFR 1320.16 (OMB Regulations on Controlling Paperwork Burdens on the 
    Public). Board-approved collections of information are incorporated 
    into the official OMB inventory of currently approved collections of 
    information. Copies of the OMB 83-Is and supporting statements and 
    approved collection of information instrument(s) are placed into OMB's 
    public docket files. The Federal Reserve may not conduct or sponsor, 
    and the respondent is not required to respond to, an information 
    collection that has been extended, revised, or implemented on or after 
    October 1, 1995, unless it displays a currently valid OMB control 
    number.
    FOR FURTHER INFORMATION CONTACT:
    Chief, Financial Reports Section--Mary M. West--Division of Research 
    and Statistics, Board of Governors of the Federal Reserve System, 
    Washington, DC 20551 (202-452-3829); OMB Desk Officer--Alexander T. 
    Hunt--Office of Information and Regulatory Affairs, Office of 
    Management and Budget, New Executive Office Building, Room 3208, 
    Washington, DC 20503 (202-395-7860).
        Final approval under OMB delegated authority of the extension for 
    three years, without revision of the following report:
        1. Report title: Recordkeeping, Reporting, and Disclosure 
    Requirements in Connection with Regulation BB (Community Reinvestment).
        Agency form number: unnum Reg BB.
        OMB Control number: 7100-0197.
        Frequency: Annual.
        Reporters: State Member Banks.
        Annual reporting hours: 151,680 hours.
        Estimated average hours per response: Small business and small farm 
    loan register: 219 hours; Consumer loan data: 326 hours; Other loan 
    data: 25 hours; Assessment area delineation: 2 hours; Small business 
    and small farm loan data: 8 hours; Community development loan data: 13 
    hours; HMDA out of MSA loan data: 253 hours; Data on lending by a 
    consortium or third party: 17 hours; Affiliate lending data: 38 hours; 
    Strategic plan: 275 hours; Request for designation as a wholesale or 
    limited purpose bank: 4 hours; and Public file: 10 hours.
        Number of respondents: Public file: 989; Small business and small 
    farm loan register, Assessment area delineation, Small business and 
    small farm loan data, Community development loan data, and HMDA out of 
    MSA loan data: 227; Consumer loan data: 77; Other loan data: 50; Data 
    on lending by a consortium or third party: 11; Affiliate lending data: 
    32; Strategic plan: 6; and Request for designation as a wholesale or 
    limited purpose bank: 5.
    Small businesses are affected.
        General description of report: The recordkeeping, reporting, and 
    disclosure requirements associated with Regulation BB are authorized by 
    the Federal Reserve Act (12 U.S.C. Sec.  248) and the Community 
    Reinvestment Act (12 U.S.C. Sec.  2901 et seq.) and are mandatory to 
    evidence compliance. Generally, the data that are reported to the 
    Federal Reserve are not considered confidential.
        Abstract: The Community Reinvestment Act (CRA) and Regulation BB 
    encourage financial institutions to help meet the credit needs of their 
    entire communities, consistent with safe and sound banking practices. 
    The information collection associated with CRA and Regulation BB 
    applies to state member banks, although not all are required to submit 
    data to the Federal Reserve. The requirements imposed on the 
    institutions are based primarily on the asset size of the institutions 
    and whether an institution elects to comply with the optional reporting 
    and recordkeeping requirements.
        State member banks (SMBs) must delineate an assessment area(s) and 
    larger banks (as defined in Regulation BB) must provide a list of the 
    geographies within this area(s) to the Federal Reserve. State member 
    banks must keep a public file of required information. The public file 
    requirements are slightly different for small banks (as defined in 
    Regulation BB) or banks that were small banks during the prior calendar 
    year than for banks other than small banks. SMBs must display a public 
    notice in the lobby of the main office and each branch informing 
    consumers about the availability of certain CRA information. Banks 
    other than small banks (large banks) must maintain data on small 
    business and small farm loans; small banks may elect to maintain 
    information on those loans. Large banks must report aggregated data on 
    small business and small farm loans and on community development loans. 
    While Regulation C requires certain institutions to report Home 
    Mortgage Disclosure Act loan data and maintain information on those 
    loans, CRA additionally requires large banks that are HMDA reporters to 
    identify the location of each home mortgage loan application, 
    origination, or purchase outside the MSAs where the institution has 
    offices or outside any MSA. Any bank may elect to collect and maintain 
    records on consumer loans and other loan data for consideration under 
    the lending test. Also, any bank may collect, maintain, and report data 
    on lending by affiliates or a consortium/third party with which it is 
    involved. A bank that wishes to be evaluated under its own strategic 
    plan must submit that plan to the Federal Reserve and must operate 
    under it for at least one year before being evaluated under it. A bank 
    that wishes to be designated as a wholesale or limited purpose bank 
    must make that request in writing.
        Current Actions: In May 1999 the Federal Reserve along with the 
    Office of Comptroller of the Currency (OCC), and the Federal Deposit 
    Insurance Corporation (FDIC), and Office of Thrift Supervision (OTS) 
    published a joint notice in the Federal Register, requesting comment on 
    their intent to extend the information collections for their CRA 
    regulations. Pursuant to 5 CFR 1320.16, this was an initial notice and 
    request for comment for the Federal Reserve; it was a final notice for 
    the other agencies. The agencies' request for OMB review involved a 
    reestimate of burden but no change in the underlying information 
    collections.
        All four agencies received four public comment letters from banking 
    trade associations and one from a community interest group. The FDIC 
    and the OCC each received two letters from financial institutions. This 
    final notice addresses all the comment letters received by the four 
    agencies.
        The community interest group commented that the benefits of 
    increased lending to underserved populations outweigh the costs and 
    that the burden estimates for large banks are overstated. The four 
    financial institutions commented that the burden estimates were low and 
    three provided estimates of their own burden for CRA. All four banking 
    trade associations commented that the new burden estimates are still 
    too low, although two acknowledged that the they are improved. The four 
    agencies recognize that their CRA regulations impose significant 
    regulatory burden on depository institutions, and they appreciate the 
    commenters' efforts to provide additional input. Although the estimates 
    may not necessarily represent
    
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    the time spent by any particular institution, the agencies believe that 
    the burden estimates fairly represent the total burden on the industry 
    as a whole.
        Three of the trade associations and two of the financial 
    institutions commented on the specific requirements that are included 
    in the burden estimates. The Federal Reserve's OMB supporting statement 
    provides a detailed list of the elements included in the burden 
    estimate. Two trade associations and one bank questioned whether the 
    collection of information is necessary for the proper performance of 
    the functions of the agency and is the least burdensome alternative. 
    The community interest group expressed the opposite view, that the 
    agencies cannot assess CRA performance without these data collection 
    requirements. The justification for this information collection and its 
    use by the Federal Reserve are also addressed in the OMB supporting 
    statement. Some commenters questioned the methodology used for 
    estimating the burden. As mentioned in the May 1999 Federal Register 
    notice, the agencies combined the information from several sources, 
    including public comments, contacts with CRA respondents, and 
    knowledgeable agency staff, to derive the burden estimates.
        In addition to addressing the paperwork requirements of CRA, 
    several commenters discussed broader issues, including regulatory and 
    examination burden. One banking trade association also included 
    recommendations addressed to OMB. These issues are not addressed here 
    as they are not appropriate for this notice.
    
        Board of Governors of the Federal Reserve System, August 13, 
    1999.
    Jennifer J. Johnson
    Secretary of the Board.
    [FR Doc. 99-21481 Filed 8-18-99; 8:45am]
    BILLING CODE 6210-01-F