[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Notices]
[Pages 1107-1108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00065]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Appraisals for Higher-Priced 
Mortgage Loans

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury. 
ACTION: Notice and request for comment.
SUMMARY: The 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). In 
accordance with the requirements of the PRA, the OCC may not conduct or 
sponsor, and the 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 renewal of its information collection titled, 
``Appraisals for Higher-Priced Mortgage Loans.'' The OCC also is giving 
notice that it has sent the collection to OMB for review.

DATES: Comments must be submitted on or before February 6, 2023.

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, 1557-0313, 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) 293-4835.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0313'' 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 information 
collection should also be sent within 30 days of publication of this 
notice to www.reginfo.gov/public/do/PRAMain. You can find this 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    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 ``1557-0313'' or 
``Appraisals for Higher-Priced Mortgage Loans.'' 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, (202) 649-5490, 
Chief Counsel's Office, Office of the Comptroller of the Currency, 400 
7th Street SW, Suite 3E-218, 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 the OMB for each collection 
of information 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,

[[Page 1108]]

keep records, or provide information to a third party. The OCC asks the 
OMB to extend its approval of the collection in this notice.
    Title: Appraisals for Higher-Priced Mortgage Loans.
    Abstract: This information collection relates to section 1471 of 
the Dodd-Frank Wall Street Reform and Consumer Protection Act, which 
added a new section 129H to the Truth in Lending Act (TILA) 
establishing special appraisal requirements for ``higher-risk 
mortgages.'' For certain mortgages with an annual percentage rate that 
exceeds the average prime offer rate by a specified percentage, 
creditors must obtain an appraisal or appraisals meeting certain 
specified standards, provide applicants with a notification regarding 
the use of the appraisals, and give applicants a copy of the written 
appraisals used to evaluate real estate collateral. The statute permits 
the OCC to issue a rule to include exemptions from these requirements.
    The information collection requirements are found in 12 CFR 
34.203(c)(1), (c)(2), (d), (e) and (f). This information is required to 
protect consumers and promote the safety and soundness of creditors 
making higher-priced mortgage loans (HPMLs) subject to 12 CFR part 34, 
subpart G. This information is used by creditors to evaluate real 
estate collateral securing HPMLs subject to 12 CFR 1026.35(c) and by 
consumers entering these transactions. The collections of information 
are mandatory for creditors making HPMLs subject to 12 CFR part 34, 
subpart G.
    Under 12 CFR 34.203(e) and (f), a creditor must, no later than the 
third business day after the creditor receives a consumer's application 
for an HPML, provide the consumer with a disclosure that informs the 
consumer that the creditor may order an appraisal to determine the 
value of the property and charge the consumer for that appraisal, that 
the creditor will provide the consumer with a copy of any appraisal, 
and that the consumer may choose to have an additional appraisal 
conducted at the expense of the consumer. If a loan is an HPML subject 
to 12 CFR 34.203(c), then, under 12 CFR 34.203(c)(1) and (2), the 
creditor is required to obtain a written appraisal prepared by a 
certified or licensed appraiser who conducts a physical visit of the 
interior of the property that will secure the transaction (Written 
Appraisal) and provide a copy of the Written Appraisal to the consumer. 
Under 12 CFR 34.203(d)(1), a creditor is required to obtain an 
additional appraisal (Additional Written Appraisal) for an HPML that is 
subject to 12 CFR part 34, subpart G if: (1) the seller acquired the 
property securing the loan 90 or fewer days prior to the date of the 
consumer's agreement to acquire the property and the price in the 
consumer's agreement to acquire the property exceeds the seller's 
acquisition price by more than 10 percent or (2) the seller acquired 
the property securing the loan 91 to 180 days prior to the date of the 
consumer's agreement to acquire the property and the price in the 
consumer's agreement to acquire the property exceeds the seller's 
acquisition price by more than 20 percent.
    Under 12 CFR 34.203(d)(3) and (4), the Additional Written Appraisal 
must meet the requirements described in 12 CFR 34.203(c)(1) and also 
include an analysis of: (1) the difference between the price at which 
the seller acquired the property and the price the consumer is 
obligated to pay to acquire the property; (2) changes in market 
conditions between the date the seller acquired the property and the 
date of the consumer's agreement to acquire the property; and (3) any 
improvements made to the property between the date the seller acquired 
the property and the date of the consumer's agreement to acquire the 
property. Under 12 CFR 34.203(f), a creditor is required to provide the 
consumer with a copy of any Additional Written Appraisal.
    Affected Public: Businesses or other for-profit.
    Type of Submission: Renewal without change.
    Burden Estimates:
    Estimated Number of Respondents: 1,134.
    Estimated Total Annual Burden: 292 hours.
    Frequency of Response: On occasion.
    Comments: On September 8, 2022, the OCC issued a notice for 60 days 
of comment concerning the collection, 87 FR 55086. No comments were 
received. Comments continue to be solicited 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. 2023-00065 Filed 1-5-23; 8:45 am]
BILLING CODE 4810-33-P