[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 19930-19931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07224]


-----------------------------------------------------------------------

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: The Board of Governors of the Federal Reserve System (Board) 
is adopting a proposal to extend for three years, without revision, the 
Recordkeeping and Disclosure Requirements Associated with Regulation Y 
for Minimum Requirements for Appraisal Management Companies (FR HY-5; 
OMB No. 7100-0370).

FOR FURTHER INFORMATION CONTACT: 
    Federal Reserve Board Clearance Officer--Nuha Elmaghrabi--Office of 
the Chief Data Officer, Board of Governors of the Federal Reserve 
System, Washington, DC 20551, (202) 452-3829.
    Office of Management and Budget (OMB) Desk Officer for the Federal 
Reserve Board, Office of Information and Regulatory Affairs, Office of 
Management and Budget, New Executive Office Building, Room 10235, 725 
17th Street NW, Washington, DC 20503, or by fax to (202) 395-6974.

SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board 
authority under the Paperwork Reduction Act (PRA) to approve and assign 
OMB control numbers to collections of information conducted or 
sponsored by the Board. Board-approved collections of information are 
incorporated into the official OMB inventory of currently approved 
collections of information. The OMB inventory, as well as copies of the 
PRA Submission, supporting statements, and approved collection of 
information instrument(s) are available at https://www.reginfo.gov/public/do/PRAMain. These documents are also available on the Federal 
Reserve Board's public website at https://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested from the agency clearance 
officer, whose name appears above.

Final Approval Under OMB Delegated Authority of the Extension for Three 
Years, Without Revision, of the Following Information Collection

    Report title: Recordkeeping and Disclosure Requirements Associated 
with Regulation Y for Minimum Requirements for Appraisal Management 
Companies.
    Agency form number: FR HY-5.
    OMB control number: 7100-0370.
    Frequency: Event-generated.
    Respondents: The FR HY-5 panel comprises federally regulated and 
state regulated appraisal management companies (AMCs) and U.S. states, 
except that AMCs that oversee 15 or fewer appraisers in a state or less 
than 25 appraisers in two or more states are exempt from these 
recordkeeping and disclosure requirements.
    Estimated number of respondents: Section 225.193(a), 1; Section 
225.192(b), 1,239; Section 225.193(b), 1,146; Section 225.195(c), 13; 
Section 225.196, 51.
    Estimated average hours per response: Section 225.193(a), 40; 
Section 225.192(b), 0.08; Section 225.193(b), 1; Section 225.195(c), 1; 
Section 225.196, 1.
    Estimated annual burden hours: Section 225.193(a), 40; Section

[[Page 19931]]

225.192(b), 99; Section 225.193(b), 2,292; Section 225.195(c), 26; 
Section 225.196, 51.
    General description of report: The Board's recordkeeping and 
disclosure requirements associated with the minimum requirements for 
AMCs are found in sections 225.192, 225.193, 225.195, and 225.196 of 
the Board's Regulation Y, Subpart M.
    Pursuant to section 225.193(a), each participating state must 
establish and maintain within its appraiser certifying and licensing 
agency a registration and supervision program with the legal authority 
and mechanisms to, among other things, review and approve or deny an 
AMC's application for initial registration; require AMCs to submit 
reports, information, and documents; and report violations of 
appraisal-related laws, regulations, or orders, as well as disciplinary 
and enforcement actions, to the Appraisal Subcommittee (ASC) of the 
Federal Financial Institutions Examination Council.
    Section 225.192(b) provides that an appraiser in an AMC's network 
or panel is deemed to remain a part of the AMC's appraiser panel until 
the AMC (1) sends a written notice to the appraiser removing the 
appraiser with an explanation or (2) receives a written notice from the 
appraiser asking to be removed or a notice of the death or incapacity 
of the appraiser. Section 225.193(b) requires each participating state 
to require non-federally regulated AMCs to register with the state 
appraiser certifying and licensing agency.
    Section 225.195(c) requires a federally regulated AMC to report to 
the state or states in which it operates the information required to be 
submitted by the state pursuant to the ASC's policies regarding the 
determination of the AMC National Registry fee, including information 
relating to certain ownership limitations in the regulation.
    Section 225.196 requires that each participating state submit to 
the ASC the information required to be submitted by the ASC regulations 
or guidance concerning AMCs that operate in the state.
    Legal authorization and confidentiality: The Financial Institutions 
Reform, Recovery, and Enforcement Act of 1989 authorizes the FR HY-5. 
Agencies must ``jointly, by rule, establish minimum requirements to be 
applied by a State in the registration of [AMCs].'' \1\ The Agencies 
further must ``jointly promulgate regulations for the reporting of the 
activities of [AMCs] to the [ASC] in determining the payment of the 
annual registry fee.'' \2\ Each participating state with an appraiser 
certifying and licensing agency must also transmit to the ASC ``[1] a 
roster listing individuals who have received a State certification or 
license . . . [2] reports on the issuance and renewal of licenses and 
certifications, sanctions, disciplinary actions, and license and 
certification revocations, and license and certification suspensions on 
a timely basis to the national registry of the [ASC] . . . [3] 
including investigations initiated and disciplinary actions taken.'' 
\3\
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 3353(a).
    \2\ 12 U.S.C. 3353(e).
    \3\ 12 U.S.C. 3338(a).
---------------------------------------------------------------------------

    The HY-5 reporting and recordkeeping requirements are required to 
obtain a benefit for states because AMCs, unless they are owned and 
controlled by a federally regulated depository institution, are barred 
from providing appraisal management services for federally related 
transactions in a state that has not adopted the minimum AMC 
requirements.\4\ The FR HY-5 recordkeeping and disclosure requirements 
are mandatory for an AMC that is: (1) An AMC that is a subsidiary owned 
and controlled by a financial institution and regulated by a federal 
financial institution regulatory agency,\5\ or (2) is registered with a 
state that has a state appraiser certifying and licensing agency.
---------------------------------------------------------------------------

    \4\ 12 U.S.C. 3353.
    \5\ 12 U.S.C. 3353(c).
---------------------------------------------------------------------------

    The Federal Reserve does not collect information subject to the HY-
5 requirements. If information subject to the HY-5 requirements is 
obtained as part of an examination or supervision of a financial 
institution, it may be considered confidential under exemption 8 of the 
Freedom of Information Act (FOIA).\6\ Information subject to the HY-5 
requirements may also be kept confidential under FOIA exemption 4 if it 
is confidential commercial or financial information that is both 
customarily and actually treated as private.\7\
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 552(b)(8).
    \7\ 5 U.S.C. 552(b)(4).
---------------------------------------------------------------------------

    Current actions: On December 3, 2021, the Board published a notice 
in the Federal Register (86 FR 68664) requesting public comment for 60 
days on the extension, without revision, of the FR HY-5. The comment 
period for this notice expired on February 1, 2022. The Board did not 
receive any comments.

    Board of Governors of the Federal Reserve System, April 1, 2022.
Margaret Shanks,
Deputy Secretary of the Board.
[FR Doc. 2022-07224 Filed 4-5-22; 8:45 am]
BILLING CODE 6210-01-P