[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Pages 40879-40880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14584]


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

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Disclosure and Reporting of CRA-
Related Agreements

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Notice and request for comment.

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

SUMMARY: The Office of the Comptroller of the Currency (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). Pursuant to the PRA, 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 Office of Management and Budget (OMB) control number. The OCC is 
soliciting comment concerning its information collection titled 
``Disclosure and Reporting of CRA-Related Agreements.'' The OCC also is 
giving notice that it has sent the collection to OMB for review.

DATES: Comments must be received by August 8, 2022.

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, 1557-0219, Office of the Comptroller of the Currency, 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) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0219'' 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

[[Page 40880]]

information collection should also be sent within 30 days of 
publication of this notice to www.reginfo.gov/public/do/PRAMain. Find 
this particular information collection by selecting ``Currently under 
30-day Review--Open for Public Comments'' or by using the search 
function.
    On April 8, 2022, the OCC published a 60-day notice for this 
information collection, 87 FR 20933. 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 by OMB control number ``1557-0219'' or 
``Disclosure and Reporting of CRA-Related Agreements.'' 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, OCC Clearance 
Officer, (202) 649-5490, Chief Counsel's Office, Office of the 
Comptroller of the Currency, 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 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 
that OMB extend its approval of the collection in this notice.
    Title: Disclosure and Reporting of CRA-Related Agreements.
    OMB Control No.: 1557-0219.
    Description: National banks, Federal savings associations, and 
their affiliates occasionally enter into agreements with 
nongovernmental entities or persons (NGEPs) related to their Community 
Reinvestment Act (CRA) responsibilities. Section 48 of the Federal 
Deposit Insurance Act (FDI Act) requires disclosure of certain of these 
agreements and imposes related reporting requirements on insured 
depository institutions (IDIs), their affiliates, and NGEPs.\1\
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 1831y.
---------------------------------------------------------------------------

    Section 48 of the FDI Act generally applies to written agreements 
that: (1) are made in fulfillment of the CRA; (2) involve funds or 
other resources of an IDI or affiliate with an aggregate value of more 
than $10,000 in a year or loans with an aggregate principal value of 
more than $50,000 in a year; \2\ and (3) are entered into by an IDI or 
affiliate and an NGEP.\3\
---------------------------------------------------------------------------

    \2\ The definition includes groups of substantially related 
agreements that satisfy these amounts in the aggregate.
    \3\ 12 U.S.C. 1831y(e). The statutory definition of 
``agreement'' excludes any agreement entered into with an NGEP ``who 
has not commented on, testified about, or discussed with the 
institution, or otherwise contacted the institution, concerning the 
[CRA].'' Id.
---------------------------------------------------------------------------

    Under section 48, the parties to a covered agreement must make the 
covered agreement available to the public and the appropriate Federal 
banking agency.\4\ This section also requires the parties to file a 
report annually with the appropriate Federal banking agency concerning 
the disbursement, receipt, and use of funds or other resources under 
the agreement.\5\
---------------------------------------------------------------------------

    \4\ 12 U.S.C. 1831y(a).
    \5\ 12 U.S.C. 1831y(b)-(c).
---------------------------------------------------------------------------

    As mandated by the FDI Act, the OCC, the Federal Deposit Insurance 
Corporation, and the Board of Governors of the Federal Reserve System 
issued regulations to implement section 48. The OCC's regulation, 
codified at 12 CFR 35, is known as the ``CRA Sunshine'' regulation. The 
disclosure and reporting provisions of this regulation, which are 
collections of information under the PRA, implement the statutorily 
mandated disclosure and reporting requirements.
    The information collections are found in sections 35.4(b); 35.6; 
and 35.7 and require:
     IDIs or affiliates to notify each NGEP that is a party to 
a covered agreement that the agreement concerns a CRA affiliate;
     NGEPs and IDIs or affiliates to make a copy of a covered 
agreement available to any individual or entity upon request;
     NGEPs to provide a copy of the covered agreement within 30 
days of receiving a request from the relevant supervisory agency;
     Each IDI and affiliate to provide each relevant 
supervisory agency with a copy of each covered agreement or a list of 
all covered agreements entered into during a calendar quarter within 60 
days of the end of the calendar quarter; \6\ and
---------------------------------------------------------------------------

    \6\ If providing a list of covered agreements, the IDI or 
affiliate must provide a copy and public version of any agreement 
referenced in the list to any relevant supervisory agency within 
seven calendar days of receiving a request from the agency.
---------------------------------------------------------------------------

     Annual reporting by NGEPs, IDIs or affiliates concerning 
the disbursement, receipt, and uses of funds under each covered 
agreement.
    The parties to a covered agreement may request confidential 
treatment of proprietary and confidential information in a covered 
agreement or annual report and may withhold from public disclosure 
confidential or proprietary information in a covered agreement.\7\
---------------------------------------------------------------------------

    \7\ 12 CFR 35.6(b)(2), 35.8; see 12 U.S.C. 1831y(h)(2)(A).
---------------------------------------------------------------------------

    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals; Businesses or other for-profit.
    Estimated Number of Respondents: 9.
    Estimated Total Annual Burden: 534.
    On April 8, 2022, the OCC published a 60-day notice for this 
information collection, 87 FR 20933. 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 information 
collection burden;
    (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.

Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2022-14584 Filed 7-7-22; 8:45 am]
BILLING CODE 4810-33-P