[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Pages 6174-6176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01765]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL DEPOSIT INSURANCE CORPORATION

NATIONAL CREDIT UNION ADMINISTRATION


Agency Information Collection Activities: Proposed Information 
Collection; Submission for OMB Review

AGENCIES: Office of the Comptroller of the Currency, Treasury (OCC); 
Federal Deposit Insurance Corporation (FDIC); and National Credit Union 
Administration (NCUA).

ACTION: Joint Notice and Request for Comment.

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SUMMARY: The Office of the Comptroller of the Currency (OCC); Federal 
Deposit Insurance Corporation (FDIC); and National Credit Union 
Administration (NCUA) (the Agencies) as part of their continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on a new 
information collection, as required by the Paperwork Reduction Act of 
1995.
    An agency may not conduct or sponsor, and a respondent is not 
required to respond to, an information collection unless it displays a 
currently valid OMB control number. The OCC, FDIC and NCUA are 
soliciting comment concerning their information collection titled, 
``Interagency Appraisal Complaint Form.''
    The Office of the Comptroller of the Currency (OCC) is also 
announcing that the proposed collection of information has been 
submitted to the Office of Management and Budget (OMB) for review and 
clearance under the Paperwork Reduction Act of 1995.

DATES: Comments must be received by February 28, 2013.

ADDRESSES: Communications Division, Office of the Comptroller of the 
Currency, Mailstop 6W-11, Attention: 1557-NEW, Washington, DC 20219. In 
addition, comments may be sent by fax to (202) 649-5709 or by 
electronic mail to [email protected]. You may personally 
inspect and photocopy comments at the OCC, 400 7th Street SW., 
Washington, DC 20219. For security reasons, the OCC requires that 
visitors make an appointment to inspect comments. You may do so by 
calling (202) 649-6700. Upon arrival, visitors will be required to 
present valid

[[Page 6175]]

government-issued photo identification and to submit to security 
screening in order to inspect and photocopy comments.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-NEW, U.S. Office of Management and Budget, 725 17th 
Street NW., 10235, Washington, DC 20503, or by electronic mail 
to [email protected].
    FDIC: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web site: http://www.FDIC.gov/regulations/laws/federal/notices.html.
     Mail: Robert E. Feldman, Executive Secretary, Attention: 
Comments/Legal ESS, Federal Deposit Insurance Corporation, 550 17th 
Street NW., Washington, DC 20429.
     Hand Delivered/Courier: The guard station at the rear of 
the 550 17th Street Building (located on F Street), on business days 
between 7:00 a.m. and 5:00 p.m.
     Email: [email protected].

    Instructions: Comments submitted must include ``FDIC'' and 
``Interagency Appraisal Complaint Form.'' Comments received will be 
posted without change to http://www.FDIC.gov/regulations/laws/federal/notices.html, including any personal information provided.
    NCUA: Interested parties are invited to submit written comments to 
both the NCUA PRA Contact and OMB Reviewer listed here:
     NCUA PRA Contact: Tracy Crews, National Credit Union 
Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428, Fax 
No. 703-837-2861, or Email: [email protected]; and
     OMB Contact: Office of Management and Budget; ATTN: Desk 
Officer for NCUA; Office of Information and Regulatory Affairs, 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: You can request additional information 
or a copy of the collection from:
    OCC: Johnny Vilela or Mary H. Gottlieb, OCC Clearance Officers, 
(202) 649-5490, Legislative and Regulatory Activities Division, Office 
of the Comptroller of the Currency, Washington, DC 20219.
    FDIC: Beverlea S. Gardner, Senior Examination Specialist, Risk 
Management Section, at (202) 898-3640, Sumaya A. Muraywid, Examination 
Specialist, Risk Management Section, at (573) 875-6620, Richard Foley, 
Counsel, Legal Division, at (202) 898-3784, Mark Mellon, Counsel, Legal 
Division, at (202) 898-3884, or 550 17th St. NW., Washington, DC 20429.
    NCUA: Laura Todor, Consumer Affairs Officer, NCUA Office of 
Consumer Protection, 1775 Duke St., Alexandria, VA 22314, by phone at 
(703) 518-1149, or by email at [email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, the 
Agencies have submitted the following proposed collection of 
information to OMB for review and clearance.

Interagency Appraisal Complaint Form--(OMB Control Number OCC 1557-NEW; 
FDIC 3064-NEW; NCUA 3133-NEW)

    Under section 1473(p) of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act,\1\ if the Appraisal Subcommittee (``ASC''), a 
subcommittee of the Federal Financial Institutions Examination Council 
(FFIEC), determines, six months after enactment of that section (i.e., 
January 21, 2011) that no national hotline exists to receive complaints 
of non-compliance with appraisal independence standards and Uniform 
Standards of Professional Appraisal Practice (USPAP), including 
complaints from appraisers, individuals, or other entities concerning 
the improper influencing or attempted improper influencing of 
appraisers or the appraisal process, then the ASC shall establish and 
operate such a hotline (``ASC Hotline''), which shall include a toll-
free telephone number and an email address. Section 1473(p) further 
directs the ASC to refer complaints received through the ASC Hotline to 
the appropriate government bodies for further action, which may include 
referrals to the Agencies, Federal Reserve Board, Consumer Financial 
Protection Bureau, and State agencies. The ASC determined that a 
national appraisal hotline does not exist at a meeting held on January 
12, 2011, and a notice of this determination was published in the 
Federal Register on January 28, 2011 (76 FR 5161). Currently, the ASC 
is in the process of establishing the ASC hotline, which will refer 
complaints to appropriate state and federal regulators.
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    \1\ Dodd-Frank Wall Street Reform and Consumer Protection Act 
Sec.  1473, Pub. L. 111-203, 124 Stat. 1376, July 21, 2010; 12 
U.S.C. Sec.  3351(i).
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    Representatives from the Agencies, the Federal Reserve Board, and 
the Consumer Financial Protection Bureau have been meeting to establish 
a process to facilitate the referral of complaints received through the 
ASC Hotline to the appropriate federal financial institution regulatory 
agency or agencies. The Agencies and the Federal Reserve Board have 
developed the Interagency Appraisal Complaint Form to collect 
information necessary to take further action on the complaint. In 
preparing this notice, the Agencies have availed themselves of all 
means reasonably available to determine accurate estimates of the 
number of complaints they anticipate receiving as the result of the 
Interagency Appraisal Complaint Form.

Description of the Interagency Appraisal Complaint Form

    The Agencies and the Federal Reserve Board developed the 
Interagency Appraisal Complaint Form for use by those who wish to file 
a formal, written complaint that an entity subject to the jurisdiction 
of one or more Agencies or the Federal Reserve Board has failed to 
comply with the appraisal independence standards or USPAP. The 
Interagency Appraisal Complaint Form is designed to collect information 
necessary for one or more Agencies or the Federal Reserve Board to take 
further action on a complaint from an appraiser, other individual, 
financial institution, or other entities. Each appropriate Agency or 
the Federal Reserve Board will use the information to take further 
action on the complaint to the extent it relates to an issue within its 
jurisdiction. The Federal Reserve Board will be seeking approval for 
the Interagency Appraisal Complaint Form through a separate notice.

 Comment Summary

    In the Federal Register of October 22, 2012 (77 FR 64595), the 
Agencies published a 60-day notice requesting public comment on the 
Interagency Appraisal Complaint Form and the collection of information. 
The Agencies received one comment letter signed by two professional 
appraiser organizations.
    The comment letter expressed the view that Congress intended that 
the ASC Hotline would be used solely for complaints concerning 
appraiser independence. The comment letter further recommended that the 
ASC report statistical summaries of information about the number and 
disposition of complaints received by the hotline, but that it refrain 
from disclosing the identities of the parties involved. Finally, the 
comment letter urged the Agencies to consider the impact on state 
agencies if the Interagency Appraisal Complaint Form is not limited to 
appraiser independence issues.
    The Agencies carefully considered the comment received and note 
that this

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notice concerns only the development by the Agencies of the Interagency 
Appraisal Complaint Form. The Agencies note that the ASC is responsible 
for the development of the ASC Hotline, including establishing a 
process for receiving complaints, identifying the appropriate Federal 
or State regulator, referring the complaints to such regulator, and 
providing reports on the complaints received. The development of that 
process is outside the scope of this notice, and the Agencies cannot 
comment on behalf of the ASC, an independent agency. However, the 
Agencies note that the ASC is not responsible for developing the 
Interagency Appraisal Complaint Form.
    The Agencies developed the Interagency Appraisal Complaint Form as 
a means to efficiently collect information in circumstances where the 
ASC determines the OCC, FDIC, or NCUA is the appropriate regulator. 
While the Interagency Appraisal Complaint Form is focused on complaints 
regarding appraisal independence standards and USPAP, the Agencies' 
responsibilities for considering complaints extends beyond these 
concerns, and the Agencies intend to consider all received complaints 
in a consistent manner, regardless of their source. As a practical 
matter, the Agencies expect to receive complaints concerning appraisers 
from a variety of sources, and that only some of those complaints will 
have been directed to the Agencies via the ASC Hotline. The Agencies 
believe it is important to use a form that is general and flexible 
enough to allow a complainant to express the nature of a complaint 
without restricting what types of complaints are allowable. Moreover, a 
State entity is not required to use the Interagency Appraisal Complaint 
Form and the Agencies' use of the form need have no impact on any 
existing State complaint processes. The Agencies and the Federal 
Reserve Board developed the Interagency Appraisal Complaint Form for 
their own use, and the burden estimates are limited to complaints each 
of the Agencies reasonably anticipates receiving from ASC Hotline 
referrals. Such estimates are not intended to encompass the total 
complaints received by the ASC through the ASC Hotline, the total 
number of complaints referred by the ASC to the appropriate 
regulator(s), or the total complaints expected to be received 
independent of ASC Hotline referrals.

Burden Estimates

    The OCC, FDIC and NCUA estimate that the burden of this collection 
of information is as follows:

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                                                     Number of
 Interagency appraisal complaint     Number of     responses per   Annual number    Burden per      Total hours
              form                  respondents     respondent     of responses      response
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OCC.............................           1,500               1           1,500             0.5             750
NCUA............................             300               1             300             0.5             150
FDIC............................             200               1             200             0.5             100
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    Total.......................           2,000  ..............  ..............  ..............           1,000
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OCC

    OMB Control Number: 1557-NEW.
    Estimated Number of Respondents: 1500.
    Estimated Burden per Response: 0.5.
    Estimated Total Annual Burden: 750.

FDIC

    OMB Control Number: 3064-NEW.
    Estimated Number of Respondents: 200.
    Estimated Burden per Response: 0.5.
    Estimated Total Annual Burden: 100.

NCUA

    OMB Control Number: 3133-NEW.
    Estimated Number of Respondents: 300.
    Estimated Burden per Response: 0.5.
    Estimated Total Annual Burden: 150.
    Comments continue to be invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information has practical utility;
    (b) The accuracy of the agency'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.

    Dated: January 22, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division, 
OCC.

    Dated: January 22, 2013.
Robert E. Feldman,
Executive Secretary, Federal Deposit Insurance Corporation.

    Dated: January 16, 2013.
Mary Rupp,
Secretary of the Board, NCUA.
[FR Doc. 2013-01765 Filed 1-28-13; 8:45 am]
BILLING CODE 7535-01-P; 6714-01-P; P