[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Rules and Regulations]
[Pages 68498-68499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30603]



12 CFR Part 203

[Regulation C; Docket No. 1379]

Home Mortgage Disclosure

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Final rule; staff commentary.


SUMMARY: The Board is publishing a final rule amending the staff 
commentary that interprets the requirements of Regulation C (Home 
Mortgage Disclosure) to reflect no change in the asset-size exemption 
threshold for depository institutions based on the annual percentage 
change in the Consumer Price Index for Urban Wage Earners and Clerical 
Workers (CPIW). The exemption threshold remains $39 million. The CPIW 
decreased by 0.98 percent during the twelve-month period ending in 
November 2009, but this change is too small to warrant any reduction in 
the exemption threshold pursuant to Regulation C. Therefore, depository 
institutions with assets of $39 million or less as of December 31, 2009 
are exempt from collecting data in 2010.

DATES: Effective January 1, 2010.

FOR FURTHER INFORMATION CONTACT: John C. Wood, Counsel, Division of 
Consumer and Community Affairs, at (202) 452-3667; for users of 
Telecommunications Device for the Deaf (TDD) only, contact (202) 263-

SUPPLEMENTARY INFORMATION: The Home Mortgage Disclosure Act (HMDA; 12 
U.S.C. 2801 et seq.) requires most mortgage lenders located in 
metropolitan areas to collect data about their housing-related lending 
activity. Annually, lenders must report those data to their federal 
supervisory agencies and make the data available to the public. The 
Board's Regulation C (12 CFR part 203) implements HMDA.
    Prior to 1997, HMDA exempted depository institutions with assets 
totaling $10 million or less, as of the preceding year-end. Provisions 
of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 
(codified at 12 U.S.C. 2808(b)) amended HMDA to expand the exemption 
for small depository institutions. The statutory amendment increased 
the asset-size exemption threshold by requiring a one-time adjustment 
of the $10 million figure based on the percentage by which the CPIW for 
1996 exceeded the CPIW for 1975, and it provided for annual adjustments 
thereafter based on the annual percentage increase in the CPIW. The

[[Page 68499]]

one-time adjustment increased the exemption threshold to $28 million 
for 1997 data collection.
    Section 203.2(e)(1)(i) of Regulation C provides that the Board will 
adjust the threshold based on the year-to-year change in the average of 
the CPIW, not seasonally adjusted, for each twelve-month period ending 
in November, rounded to the nearest million dollars. Pursuant to this 
section, the Board has adjusted the threshold annually, as appropriate.
    For 2009, the threshold was $39 million. During the twelve-month 
period ending in November 2009, the CPIW decreased by 0.98 percent. 
That decrease results in a new threshold, before rounding, of about 
$38.62 million dollars, which must be rounded to the nearest million 
dollars pursuant to Regulation C. As a result, the exemption threshold 
remains $39 million. Thus, depository institutions with assets of $39 
million or less as of December 31, 2009 are exempt from collecting data 
in 2010. An institution's exemption from collecting data in 2010 does 
not affect its responsibility to report data it was required to collect 
in 2009.

Final Rule

    Under the Administrative Procedures Act, notice and opportunity for 
public comment are not required if the Board finds that notice and 
public comment are unnecessary. 5 U.S.C. 553(b)(B). The amendment in 
this notice is technical. Comment 2(e)-2 is amended to update the 
exemption threshold. This amendment merely applies the formula 
established by Regulation C for determining any adjustments to the 
exemption threshold. For these reasons, the Board has determined that 
publishing a notice of proposed rulemaking and providing opportunity 
for public comment are unnecessary. Therefore, the amendment is adopted 
in final form.

List of Subjects in 12 CFR Part 203

    Banks, Banking, Federal Reserve System, Mortgages, Reporting and 
recordkeeping requirements.

For the reasons set forth in the preamble, the Board amends 12 CFR part 
203 as follows:


1. The authority citation for part 203 continues to read as follows:

    Authority: 12 U.S.C. 2801-2810.

2. In Supplement I to part 203, under Section 203.2 Definitions, 2(e) 
Financial institution, paragraph 2(e)-2 is revised to read as follows:

Supplement I to Part 203--Staff Commentary

* * * * *

Section 203.2 Definitions

* * * * *
    2(e) Financial institution.
* * * * *
    2. Adjustment of exemption threshold for depository 
institutions. For data collection in 2010, the asset-size exemption 
threshold is $39 million. Depository institutions with assets at or 
below $39 million as of December 31, 2009 are exempt from collecting 
data for 2010.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Director of the Division of Consumer and 
Community Affairs under delegated authority, December 18, 2009.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E9-30603 Filed 12-24-09; 8:45 am]