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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices
project in accordance with the terms
and conditions of the license after the
minor or minor part license expires,
until the Commission acts on its
application. If the licensee of such a
project has not filed an application for
a subsequent license, then it may be
required, pursuant to 18 CFR 16.21(b),
to continue project operations until the
Commission issues someone else a
license for the project or otherwise
orders disposition of the project.
If the project is subject to section 15
of the FPA, notice is hereby given that
an annual license for Project No. 3063
is issued to Blackstone Hydro
Associates for a period effective August
1, 2021 through July 31, 2022 or until
the issuance of a new license for the
project or other disposition under the
FPA, whichever comes first. If issuance
of a new license (or other disposition)
does not take place on or before July 31,
2022, notice is hereby given that,
pursuant to 18 CFR 16.18(c), an annual
license under section 15(a)(1) of the
FPA is renewed automatically without
further order or notice by the
Commission, unless the Commission
orders otherwise.
If the project is not subject to section
15 of the FPA, notice is hereby given
that Blackstone Hydro Associates is
authorized to continue operation of the
Central Falls Hydroelectric Project, until
such time as the Commission acts on its
application for a subsequent license.
Dated: August 4, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021–16990 Filed 8–9–21; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8848–01–OW]
Notice of Public Webinar Briefing
Environmental Protection
Agency (EPA).
ACTION: Notice of public webinar
briefing.
AGENCY:
The Environmental Protection
Agency (EPA)’s Environmental
Financial Advisory Board (EFAB) will
hold a public webinar briefing on
August 26, 2021. The purpose of the
webinar will be for an Opportunity
Zones Practitioner Panel for the EFAB
Opportunity Zones Workgroup. Due to
interest from the full Board, this
webinar is being opened to the public.
DATES: The webinar will be held on
August 26, 2021 from 12 p.m. to 1:30
p.m. (Eastern Time).
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SUMMARY:
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The webinar briefing will be
conducted via webinar only and is open
to the public. Interested persons must
register in advance at the weblink below
to access the meeting.
FOR FURTHER INFORMATION CONTACT: Any
member of the public who wants
information about the meeting may
contact Ed Chu, the Designated Federal
Officer, via telephone/voice mail at
(913) 551–7333 or email to efab@
epa.gov. General information
concerning the EFAB is available at
https://www.epa.gov/
waterfinancecenter/efab.
SUPPLEMENTARY INFORMATION:
Background: The EFAB is an EPA
advisory committee chartered under the
Federal Advisory Committee Act
(FACA), 5 U.S.C. app. 2, to provide
advice and recommendations to EPA on
innovative approaches to funding
environmental programs, projects, and
activities. Administrative support for
the EFAB is provided by the Water
Infrastructure and Resiliency Finance
Center within EPA’s Office of Water.
Pursuant to FACA and EPA policy,
notice is hereby given that the EFAB
will hold a public webinar briefing for
the following purpose:
(1) The purpose of the webinar will be
for members of the EFAB to hear from
Opportunity Zones practitioners who
work on Opportunity Zones investments
in disadvantaged communities and are
willing to share their experiences to
support the workgroup’s charge. The
webinar is open to the public, but no
oral public comments will be accepted
during the briefing. Written public
comments relating to the Opportunity
Zones Workgroup should be provided in
accordance with the instructions below
on written statements.
Registration for the Meeting: Register
for the meeting at https://
www.eventbrite.com/e/us-epaenvironmental-financial-advisoryboard-opportunity-zones-panel-tickets164877317495.
Availability of Meeting Materials:
Meeting materials (including the
meeting agenda and briefing materials)
will be available on EPA’s website at
https://www.epa.gov/
waterfinancecenter/efab.
Procedures for Providing Public Input:
Public comment for consideration by
EPA’s federal advisory committees has a
different purpose from public comment
provided to EPA program offices.
Therefore, the process for submitting
comments to a federal advisory
committee is different from the process
used to submit comments to an EPA
program office. Federal advisory
committees provide independent advice
ADDRESSES:
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to EPA. Members of the public can
submit comments on matters being
considered by the EFAB for
consideration by members as they
develop their advice and
recommendations to EPA.
Written Statements: Written
statements for the webinar should be
received by August 20, 2021 so that the
information can be made available to
the EFAB for its consideration. Written
statements should be sent via email to
efab@epa.gov. Members of the public
should be aware that their personal
contact information, if included in any
written comments, may be posted to the
EFAB website. Copyrighted material
will not be posted without explicit
permission of the copyright holder.
Accessibility: For information on
access or services for individuals with
disabilities or to request
accommodations for a disability, please
register for the webinar and list any
special requirements or
accommodations needed on the
registration form at least 10 business
days prior to the meeting to allow as
much time as possible to process your
request.
Dated: August 5, 2021.
Andrew D. Sawyers,
Director, Office of Wastewater Management,
Office of Water.
[FR Doc. 2021–17030 Filed 8–9–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0183; –0195; –0200]
Agency Information Collection
Activities: Proposed Information
Collection Renewal; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:
The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995 (PRA), invites the
general public and other Federal
agencies to take this opportunity to
comment on the renewal of the existing
information collections described below
(OMB Control No. 3064–0183; –0195;
and –0200).
DATES: Comments must be submitted on
or before October 12, 2021.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Agency website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/.
SUMMARY:
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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices
• Email: comments@fdic.gov. Include
the name and number of the collection
in the subject line of the message.
• Mail: Manny Cabeza (202–898–
3767), Regulatory Counsel, MB–3128,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street building
(located on F Street), on business days
between 7:00 a.m. and 5:00 p.m.
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, Regulatory Counsel,
202–898–3767, mcabeza@fdic.gov, MB–
3128, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION: Proposal
to renew the following currently
approved collections of information:
1. Title: Credit Risk Retention.
OMB Number: 3064–0183.
Form Number: None.
Affected Public: Insured state
nonmember banks, state savings
institutions, insured state branches of
foreign banks, and any subsidiary of the
aforementioned entities.
General Description of Collection:
This information collection request
comprises disclosure and recordkeeping
requirements under the credit risk
retention rule issued pursuant to section
15G of the Securities Exchange Act of
1934 (15 U.S.C. 78o–11), as added by
Section 941 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank’’).1 The Credit Risk
Retention rule (‘‘the Rule’’) was jointly
issued in 2015 by the Federal Deposit
Insurance Corporation (‘‘FDIC’’), the
Office of the Comptroller of the
Currency (‘‘OCC’’), the Federal Reserve
Board (‘‘Board’’), the Securities and
Exchange Commission (‘‘SEC’’) and,
with respect to the portions of the Rule
addressing the securitization of
residential mortgages, the Federal
Housing Finance Agency (‘‘FHFA’’) and
the Department of Housing and Urban
Development (‘‘HUD’’).2 The FDIC
regulations corresponding to the Rule
are found at 12 CFR part 373.3
1 Public
Law 111–2–3, 124 Stat. 1376 (2010).
2 79 FR 77740.
3 Each agency adopted the same rule text but each
agency’s version of its rule is codified in different
parts of the Code of Federal Regulations with
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Section 941 of Dodd-Frank requires
the Board, the FDIC, the OCC
(collectively, the ‘‘Federal banking
agencies’’), the Commission and, in the
case of the securitization of any
‘‘residential mortgage asset,’’ together
with HUD and FHFA, to jointly
prescribe regulations that (i) require a an
issuer of an asset-backed security or a
person who organizes and initiates an
asset backed securities transaction by
selling or transferring assets, either
directly or indirectly, including through
an affiliate, to the issuer (‘‘issuer or
organizer’’) to retain not less than five
percent of the credit risk of any asset
that the issuer or organizer, through the
issuance of an asset-backed security
(‘‘ABS’’), transfers, sells or conveys to a
third party and (ii) prohibit an issuer or
organizer from directly or indirectly
hedging or otherwise transferring the
credit risk that the issuer or organizer is
required to retain under section 941 and
the agencies’ implementing rules.
Exempted from the credit risk retention
requirements of section 941 are certain
types of securitization transactions,
including ABS collateralized solely by
qualified residential mortgages
(‘‘QRMs’’), as that term is defined in the
Rule. In addition, Section 941 provides
that the agencies must permit an issuer
or organizer to retain less than five
percent of the credit risk of residential
mortgage loans, commercial real estate
(‘‘CRE’’) loans, commercial loans and
automobile loans that are transferred,
sold or conveyed through the issuance
of ABS by the issuer or organizer, if the
loans meet underwriting standards
established by the Federal banking
agencies.
The FDIC implemented Section 941 of
Dodd-Frank through 12 CFR part 373
(the ‘‘Rule’’). The Rule defines a
securitizer as (1) The depositor of the
asset-backed securities (if the depositor
is not the sponsor); or (2) The sponsor
of the asset-backed securities.4 The Rule
provides a menu of credit risk retention
options from which securitizers can
choose and sets out the standards,
including disclosure, recordkeeping,
and reporting requirements, for each
option; identifies the eligibility criteria,
including certification and disclosure
requirements, that must be met for ABS
offerings to qualify for the QRM and
other exemptions; specifies the
underwriting standards for CRE loans,
commercial loans and automobile loans,
as well as disclosure, certification and
substantially identical section numbers (e.g.__.01;
_.02, etc.) Rule citations herein are to FDIC’s
version of the Rule which is codified at 12 CFR part
373.
4 12 CFR 373.2.
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recordkeeping requirements, that must
be met for ABS issuances collateralized
by such loans to qualify for reduced
credit risk retention; and sets forth the
circumstances under which retention
obligations may be allocated by
sponsors to originators, including
disclosure and monitoring
requirements.
Part 373 contains several
requirements that qualify as information
collections under the Paperwork
Reduction Act of 1995 (‘‘PRA’’). The
information collection requirements are
found in sections 373.4; 373.5; 373.6;
373.7; 373.8; 373.9; 373.10; 373.11;
373.13; 373.15; 373.16; 373.17; 373.18;
and 373.19(g). The recordkeeping
requirements relate primarily to (i) the
adoption and maintenance of various
policies and procedures to ensure and
monitor compliance with regulatory
requirements and (ii) certifications,
including as to the effectiveness of
internal supervisory controls. The
required disclosures for each risk
retention option are intended to provide
investors with material information
concerning the sponsor’s retained
interest in a securitization transaction
(e.g., the amount, form and nature of the
retained interest, material assumptions
and methodology, representations and
warranties). Compliance with the
information collection requirements is
mandatory, responses to the information
collections will not be kept confidential
and, with the exception of the
recordkeeping requirements in sections
373.4(d), 373.5(k)(3) and 373.15(d), the
Rule does not specify a mandatory
retention period for the information.
Burden Estimate:
Change Is Burden Estimation
Methodology
(1) Prior Methodology
To determine the total paperwork
burden for the requirements contained
in the Credit Risk Retention Rule, FDIC
first estimated the universe of sponsors
that would be required to comply with
the disclosure and recordkeeping
requirements. FDIC estimated that
approximately 270 unique sponsors
conduct ABS offerings each year.5 This
estimate was based on the average
number of ABS offerings from 2007
through 2017 reported by the ABS
database Asset-Backed Alert for all nonCMBS transactions and by Commercial
Mortgage Alert for all CMBS
5 By agreement among the agencies, the FDIC’s
Division of Insurance Research, in consultation
with its counterparts at the other agencies, prepared
and documented the burden estimation
methodology used by all agencies in their
respective ICRs.
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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices
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transactions.6 Of the 270 sponsors, the
agencies assigned 8 percent of these
sponsors to the Board, 12 percent to
FDIC, 13 percent to the OCC, and 67
percent to the Commission.7
Next, FDIC estimated how many
respondents keep records and make
required disclosures by estimating the
proportionate amount of offerings per
year for each agency. The estimate was
based on the average number of ABS
offerings from 2007 through 2017. The
agencies estimated the total number of
annual offerings per year to be 1,400 8
which resulted in the following:
(a) 13 offerings per year will be
subject to disclosure and recordkeeping
requirements under § 373.11, which are
divided equally among the four agencies
(i.e., 3.25 offerings per year per agency);
(b) 110 offerings per year were
estimated to be subject to disclosure and
recordkeeping requirements under
§§ 373.13 and 373.19(g), which were
divided proportionately among the
agencies based on the entity percentages
described above:
(i) Nine (9) offerings per year for the
Board (8%);
(ii) 13 offerings per year for the FDIC
(12%);
(iii) 14 offerings per year for the OCC
(13%);
(iv) 74 offerings per year for the
Commission (67%).
(c) 132 offerings per year were
estimated to be subject to the disclosure
requirements under § 373.15, which
were divided proportionately among the
agencies based on the entity percentages
described above:
(i) 11 offerings per year for the Board
(8%);
(ii) 16 offerings per year for the FDIC
(12%);
(iii) 17 offerings per year for the OCC
(13%);
(iv) 88 offerings per year for the
Commission (67%).
(d) Of these 132 offerings per year, 44
offerings per year were estimated to be
6 Data was provided by the Securities and
Exchange Commission. See SEC supporting
statement for its information collection for the
Credit Risk Retention rule (3235–0712) available at
https://www.reginfo.gov/public/do/
PRAViewDocument?ref_nbr=201803-3235-014.
7 The allocation percentages among the agencies
were based on the agencies’ latest assessment of
data as of August 13, 2018, including the
securitization activity reported by FDIC-insured
depository institutions in the June 30, 2017
Consolidated Reports of Condition.
8 Based on ABS issuance data from Asset-Backed
Alert on the initial terms of offerings, supplemented
with information from Commercial Mortgage Alert.
This estimate included registered offerings,
offerings made under Securities Act Rule 144A, and
traditional private placements. This estimate was
for offerings not exempted under §§ _.19(a)–(f) and
_.20 of the Rule.
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subject to disclosure and recordkeeping
requirements under §§ 373.16, 373.17,
and 373.18, respectively, which were
divided proportionately among the
agencies based on the entity percentages
described above:
(i) 4 offerings per year for each section
for the Board (8%);
(ii) 6 offerings per year for each
section for the FDIC (12%);
(iii) 6 offerings per year for each
section for the OCC (13%);
(iv) 29 offerings per year for each
section for the Commission (67%).
To obtain the estimated number of
responses (equal to the number of
offerings) for each option in subpart B
of the rule, FDIC multiplied the number
of offerings estimated to be subject to
the base risk retention requirements
(i.e., 1,158) 9 by the sponsor percentages
described above. The result was the
number of base risk retention offerings
per year per agency. For the FDIC, this
was calculated by multiplying 1,158
offerings per year by 12 percent, which
equals 139 offerings per year. This
number was then divided by the
number of base risk retention options
under subpart B of the rule (i.e., nine) 10
to arrive at the estimate of the number
of offerings per year per agency per base
risk retention option. For the FDIC, this
was calculated by dividing 139 offerings
per year by nine options, resulting in 15
offerings per year per base risk retention
option.
The agencies assumed that 90% of
institutions use the vertical interest
form of risk retention while the
remaining 10% use the combined
vertical and horizontal form of risk
retention. The burden tables above use
this allocation and of the 45 responses
attributed to § 373.4, we allocated 40
(90%) to the vertical form of risk
retention and 5 (10%) to the other two
options (1 response to the horizontal
form of risk retention and 4 responses
to the combined vertical and horizontal
form of risk retention.
FDIC believes that the burden
estimation methodology previously
used overestimates the number of ABS
offerings by FDIC-supervised
institutions. Furthermore, the OCC has
confirmed that the estimates it used for
its 2021 renewal of OCC’s Credit Risk
9 Estimate of 1,400 offerings per year, minus the
estimate of the number of offerings qualifying for
an exemption under §§ 373.13, 373.15, and 19(g) as
described in (b) and (c) above (i.e. 1,400 minus (b)
110 minus (c) 132 equals 1,158).
10 For purposes of this calculation, the horizontal,
vertical, and combined horizontal and vertical risk
retention methods under the standard risk retention
option (§ 373.4) are each counted as a separate
option under subpart B of the rule. The other six
are: § 373.5; § 373.6; § 373.7; § 373.8; § 373.9; and
§ 373.10.
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Retention information collection are
based on the expertise of the OCC’s
subject matter experts rather than the
2015 interagency methodology.11 As a
result of these two factors, the FDIC has
decided to diverge from the interagency
methodology used in 2015 and 2018 and
instead use the new methodology
described below to estimate burden for
this information collection.
(2) New Methodology
Potential respondents to this
information collection (IC) are FDICsupervised insured depository
institutions (‘‘IDIs’’) including state
nonmember banks, state savings
institutions, insured state branches of
foreign banks, and any subsidiary of the
aforementioned entities. As of December
31, 2020, the FDIC supervised 3,227
state nonmember banks, state savings
institutions, and insured state branches
of foreign banks. Of these 3,227 IDIs,
2,382 are small for the purposes of the
Regulatory Flexibility Act (RFA).12
Respondents to this information
collection are FDIC-supervised IDIs that
are securitizers of ABS. To generate a
universe of potential securitizers, FDIC
obtained data from Call Reports for the
quarter ending on December 31 for the
years 2018, 2019, and 2020, for all FDICsupervised IDIs that reported a non-zero
amount in either: (a) Outstanding
principal balance of assets sold and
securitized with servicing retained or
with recourse or other seller-provided
credit enhancements; 13 or (b) amount of
loans and leases held for investment,
net of allowance, and held for sale held
by consolidated variable interest entities
(VIEs).14 This search resulted in a list of
79 IDIs that were potential securitizers.
Using this list, FDIC searched for each
IDI’s name in FitchConnect’s repository
11 The supporting statement for the OCC’s 2021
renewal is titled ‘‘1557–0249 Credit Risk Retention
Supporting Statement 5–18–21 1244.docx’’and can
be found at https://www.reginfo.gov/public/do/
PRAViewDocument?ref_nbr=202101-1557-003.
12 The SBA defines a small banking organization
as having $600 million or less in assets, where an
organization’s ‘‘assets are determined by averaging
the assets reported on its four quarterly financial
statements for the preceding year.’’ See 13 CFR
121.201 (as amended by 84 FR 34261, effective
August 19, 2019). In its determination, the ‘‘SBA
counts the receipts, employees, or other measure of
size of the concern whose size is at issue and all
of its domestic and foreign affiliates.’’ See 13 CFR
121.103. Following these regulations, the FDIC uses
a respondent’s affiliated and acquired assets,
averaged over the preceding four quarters, to
determine whether the respondent is ‘‘small’’ for
the purposes of RFA.
13 Schedule RC–S, item 1 on forms 031 and 041;
Supplemental Info, item 4(a) on form 051.
14 Schedule RC–V, item 1(c) on forms 031 and
041.
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of ABS offerings (‘‘deals’’) 15 and
compiled a list of deals for which an IDI
was listed as the issuer, sponsor,
originator, or servicer of the offering.
For IDIs for which deals were not found
on FitchConnect, the following method
was followed: The queried Call Report
item labeled ‘‘(a)’’ above includes assets
sold with recourse or other sellerprovided credit enhancements, which
are outside the scope of the Credit Risk
Retention rule. To identify IDIs which
securitized from those that did not, a
$75 million threshold of year over year
growth in that item is used to identify
new securitizations in 2018, 2019, and
2020, as FDIC assumes that growth of
less than $75 million would be unlikely
to reflect sponsorship or issuance of
new term ABS offerings during that
period. This method yielded a list of 20
institutions. FDIC reviewed examination
records for the 20 IDIs identified as
potential securitizers to determine
which institutions actually securitize.
FDIC cross-referenced the list of
securitizing IDIs and the list of
aforementioned ABS offering naming
conventions found using FitchConnect
with Intex’s database of prospectuses.16
From this cross-referencing, FDIC found
a count of deals associated with each
deal name. Finally, FDIC determined
whether the sponsor or depositor for
each deal was an FDIC-supervised IDI or
subsidiary of an FDIC-supervised
institution by reading the prospectus of
each deal.
Once the set of deals, with
corresponding FDIC-supervised
securitizers, was constructed, FDIC
matched each deal with the sections in
Part 373 that imposed one or more PRA
requirements on that deal. Most sections
impose both disclosure and
recordkeeping requirements.17 For those
sections, FDIC separately estimated the
burdens for each of the two types of
PRA requirements. The following
§§ 373.4(a)(3); 373.6; 373.7; 373.10;
373.11; 373.13; 373.15; 373.16; 373.17;
and 373.18. It is possible that an FDICsupervised IDI or subsidiary of an FDICsupervised IDI would be a respondent to
burden items related to these sections in
the next three years. As such, FDIC is
using one respondent and one annual
response per respondent for the
disclosure and recordkeeping
requirements related to each of these ten
sections to preserve the associated
burden estimate.
Of the seven unique institutions with
securitizations between 2018 and 2020,
none are considered small for the
purposes of the RFA.21
The estimated time per response
varies by burden item, and these
estimates are unchanged from the
previous renewal which remains in line
with the burden estimated adopted by
the agencies.
Two burden items included in the
2018 information collection request
have been removed from this renewal
request. The disclosure burden related
to § 373.8 Fannie Mae and Freddie Mac
was removed as FDIC has determined
that it is not possible for FDICsupervised IDIs or subsidiaries of FDICsupervised IDIs to be respondents to this
burden item. The disclosure burden
related to § 373.9 Open Market
Collateralized Loan Obligations
(‘‘CLOs’’) was removed because the D.C.
Circuit Court invalidated section 941 of
Dodd-Frank as it applies to CLOs.22
The estimated annual burden, in
hours, is the product of the estimated
number of respondents, number of
responses per respondent, and time per
response, as summarized in the table
below. The total estimated annual
burden for this information collection is
376 hours, a 3,075-hour reduction from
the 2018 burden estimate, which reflects
the aforementioned change in
methodology.
details the estimated respondent counts
for each of these sections:
(a) Two FDIC-supervised IDIs were
involved in deals in which credit risk
was retained through horizontal interest
(§ 373.4(a)(2) Standard Risk Retention—
Horizontal Interest). These two IDIs
were involved in four, three, and four
such deals in 2018, 2019, and 2020,
respectively. FDIC therefore estimates
two annual respondents, with an
average annual response rate of two
responses per respondent, for the
disclosure requirement associated with
§ 373.4(a)(2) and the corresponding
reporting requirement in § 373.4(d).18
(b) Two FDIC-supervised IDIs were
involved in deals in which credit risk
was retained through vertical interest
(§ 373.4(a)(1) Standard Risk Retention—
Vertical Interest). These two IDIs were
involved in 0, 0, and 13 such deals in
2018, 2019, and 2020, respectively.
FDIC therefore estimates two annual
respondents, with an average annual
response rate of two responses per
respondent, for the disclosure
requirement associated with
§ 373.4(a)(1) and the corresponding
reporting requirement in § 373.4(d).19
(c) Three FDIC-supervised IDIs were
involved in deals in which credit risk
was retained through revolving master
trusts (§ 373.5 Revolving Master Trusts).
These three IDIs were involved in eight,
six, and zero such deals in 2018, 2019,
and 2020, respectively. FDIC therefore
estimates three annual respondents,
with an average annual response rate of
two responses per respondent, for the
disclosure requirement associated with
§ 373.5 and the corresponding reporting
requirement in § 373.5(k)(3).20
Using the above methodology, FDIC
could not find any ABS offerings that (1)
involved an FDIC-supervised IDI or
subsidiary of an FDIC-supervised IDI as
a securitizer and (2) were subject to the
PRA requirements listed in one or more
of the following ten sections:
SUMMARY OF ESTIMATED ANNUAL BURDEN
Type of burden
(obligation to respond)
IC description
Estimated
number of
respondents
Frequency
of response
Number of
responses/
respondent
Hours per
response
Total annual
estimated
burden
Disclosure Burdens
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§ 373.4(a)(2) Standard Risk Retention—Horizontal Interest.
Disclosure (Mandatory).
15 http://app.fitchconnect.com, using ‘‘ABS’’,
‘‘CMBS’’, and ‘‘RMBS’’ sections under the ‘‘Sectors’’
tab, last accessed on June 11, 2021.
16 https://www.intex.com/main/.
17 With the noted exception of § 373.10 Qualified
Tender Option Bonds, which has no recordkeeping
burden associated with it.
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On Occasion ....
2
18 4+3+4=11 total deals. 11/(3 years*2
respondents)=1.83 responses per respondent
annually.
19 0+0+13=13 total deals. 13/(3 years*2
respondents)=2.17 responses per respondent
annually.
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2
5.5
22
20 8+6+0=14 total deals. 14/(3 years*3
respondents)=1.56 responses per respondent
annually.
21 As of December 31, 2020.
22 The Loan Syndication and Trading Association
v. Securities and Exchange Commission and Board
of Governors of the Federal Reserve System (No.
17–5004).
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SUMMARY OF ESTIMATED ANNUAL BURDEN—Continued
Type of burden
(obligation to respond)
IC description
§ 373.4(a)(1) Standard Risk Retention—Vertical Interest.
§ 373.4(a)(3) Standard Risk Retention—Combined Interest *.
§ 373.5 Revolving Master Trusts ......
§ 373.6 Eligible ABCP Conduits * .....
§ 373.7 Commercial MBS * ...............
§ 373.10 Qualified Tender Option
Bonds *.
§ 373.11 Allocation of Risk Retention to an Originator *.
§ 373.13 Exemption for Qualified
Residential Mortgages *.
§ 373.15 Exemption for Qualifying
Commercial Loans, Commercial
Real Estate and Automobile
Loans *.
§ 373.16 Underwriting Standards for
Qualifying Commercial Loans *.
§ 373.17 Underwriting Standards for
Qualifying Commercial Real Estate Loans *.
§ 373.18 Underwriting Standards for
Qualifying Automobile Loans *.
Disclosure Subtotal ...................
Disclosure
datory).
Disclosure
datory).
Disclosure
datory).
Disclosure
datory).
Disclosure
datory).
Disclosure
datory).
Disclosure
datory).
Disclosure
datory).
Disclosure
datory).
Estimated
number of
respondents
Frequency
of response
Number of
responses/
respondent
Hours per
response
Total annual
estimated
burden
(Man-
On Occasion ....
2
2
2.0
8
(Man-
On Occasion ....
1
1
7.5
8
(Man-
On Occasion ....
3
2
7.0
42
(Man-
On Occasion ....
1
1
3.0
3
(Man-
On Occasion ....
1
1
20.75
21
(Man-
On Occasion ....
1
1
6.0
6
(Man-
On Occasion ....
1
1
2.5
3
(Man-
On Occasion ....
1
1
1.25
1
(Man-
On Occasion ....
1
1
20.0
20
Disclosure (Mandatory).
Disclosure (Mandatory).
On Occasion ....
1
1
1.25
1
On Occasion ....
1
1
1.25
1
Disclosure (Mandatory).
On Occasion ....
1
1
1.25
1
.............................
..........................
........................
........................
........................
137
Recordkeeping Burdens
§ 373.4(a)(2) Standard Risk Retention—Horizontal Interest.
§ 373.4(a)(1) Standard Risk Retention—Vertical Interest.
§ 373.4(a)(3) Standard Risk Retention—Combined Interest *.
§ 373.5 Revolving Master Trusts ......
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
On Occasion ....
2
2
0.5
2
On Occasion ....
2
2
0.5
2
On Occasion ....
1
1
0.5
1
On Occasion ....
3
2
0.5
3
On Occasion ....
1
1
20.0
20
On Occasion ....
1
1
30.0
30
On Occasion ....
1
1
20.0
20
On Occasion ....
1
1
40.0
40
On Occasion ....
1
1
0.5
1
Recordkeeping
(Mandatory).
Recordkeeping
(Mandatory).
On Occasion ....
1
1
40.0
40
On Occasion ....
1
1
40.0
40
Recordkeeping
(Mandatory).
On Occasion ....
1
1
40.0
40
Recordkeeping Subtotal ............
.............................
..........................
........................
........................
........................
239
Total Annual Burden Hours
.............................
..........................
........................
........................
........................
376
§ 373.6 Eligible ABCP Conduits * .....
§ 373.7 Commercial MBS * ...............
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§ 373.11 Allocation of Risk Retention to an Originator *.
§ 373.13 Exemption for Qualified
Residential Mortgages *.
§ 373.15 Exemption for Qualifying
Commercial Loans, Commercial
Real Estate and Automobile
Loans *.
§ 373.16 Underwriting Standards for
Qualifying Commercial Loans *.
§ 373.17 Underwriting Standards for
Qualifying Commercial Real Estate Loans *.
§ 373.18 Underwriting Standards for
Qualifying Automobile Loans *.
Source: FDIC.
* There are currently zero estimated respondents for these items however, FDIC is using 1 as a placeholder to preserve the burden estimate in
case an institution becomes subject to these provisions.
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2. Title: Minimum Requirements for
Appraisal Management Companies
OMB Number: 3064–0195.
Form Number: None.
Affected Public: Individuals or
households; business or other for profit.
General Description of Collection:
This information collection comprises
recordkeeping and disclosure
requirements under regulations issued
by the Federal Deposit Insurance
Corporation (FDIC), jointly with the
Office of the Comptroller of the
Currency (OCC), the Board of Governors
of the Federal Reserve System (FRB), the
National Credit Union Administration
(NCUA), the Bureau of Consumer
Financial Protection (CFPB), and the
Federal Home Finance Agency (FHFA)
(collectively, ‘‘the agencies’’) that
implement the minimum requirements
in Section 1473 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (Dodd-Frank Act or the Act) to be
applied by states 23 in the registration
and supervision of appraisal
management companies (AMCs). The
regulations also implement the
requirement in Section 1473 of the
Dodd-Frank Act for states to report to
the Appraisal Subcommittee (ASC) of
the Federal Financial Institutions
Examination Council (FFIEC) the
information required by the ASC to
administer the new national registry of
appraisal management companies (AMC
National Registry or Registry). The
information collection (IC) requirements
are established in Part 323 of the FDIC’s
codified regulations.
This information collection was last
approved for renewal on October 16,
2018 (‘‘2018 ICR’’) with a total annual
burden estimate of 421 hours. The 2018
ICR contains two recordkeeping and two
reporting IC requirements. The FDIC
notes that the ASC has issued its own
regulations or guidance implementing
the requirements from the Act related to
the information to be presented to the
ASC by the participating states, and
submitted an IC related to this reporting
requirement.24 Accordingly, the FDIC is
not taking PRA burden for the
associated IC (previously included as
‘‘State Reporting Requirements to
Appraisal Subcommittee’’) and has
removed it from its current ICR
submission.
For each of the remaining ICs, FDIC’s
estimation methodology is to compute
23 States include the 50 U.S. states, the District of
Columbia, and the territories of Guam, Mariana
Islands, Puerto Rico, and the U.S. Virgin Islands.
See 12 CFR 323.9.
24 See OMB No. 3139–0009 and the
accompanying Supporting Statement submitted by
the ASC in 2021, available at https://
www.reginfo.gov/public/do/PRAViewICR?ref_
nbr=202102-3139-001 (accessed June 2, 2021).
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the total estimated burden hours for that
IC and then assign an agreed-upon share
of the burden hours to each of the
regulatory agencies (FDIC, FRB, OCC,
and FHFA).25 The FDIC’s estimated
annual burden is calculated by finding
the product of the estimated annual
number of respondents, the estimated
annual number of responses per
respondent, the estimated burden hours
per response and the share of the
burden attributable to the FDIC.
Burden Estimate:
Estimated Number of Respondents
IC #1: Written Notice of Appraiser
Removal From Network or Panel
This IC relates to the written notice of
appraiser removal from the network or
panel pursuant to § 323.10. The number
of respondents is estimated to be equal
to the number of appraisers who leave
the profession each year multiplied by
the estimated percentage of appraisers
who work for AMCs. The number of
appraisers who leave is calculated by
adding the number of appraisers who
are laid off or resign to the number of
appraisers that have had their licenses
revoked or surrendered. This estimation
methodology is similar to the
methodology used in the 2018 ICR.
The number of appraisers who are
laid off or resign each year is estimated
by multiplying the annual rate of ‘‘Total
separations’’ by the number of
appraisers for each year. Using data
from the Bureau of Labor Statistics
(BLS) for the finance and insurance
industry, shown in Table 1 below, the
annual rate of ‘‘Total separations’’ in
2020 is 25.1 percent.26 The rate for 2020
is within the range of annual rates
between 2011 and 2020 (20.4 to 26.0
percent, with a median of 24.8 percent)
and is a reasonable estimate for future
periods.
TABLE 1—ANNUAL RATE OF TOTAL
SEPARATIONS FOR THE FINANCE AND
INSURANCE INDUSTRY IN THE UNITED
STATES—Continued
Value
(in %)
Year
2017
2018
2019
2020
..........................................
..........................................
..........................................
..........................................
25.2
24.2
24.6
25.1
Source: BLS, ‘‘Job Openings and Labor
Turnover Survey: Finance and Insurance’’ (Series ID: JTU520000000000000TSR), available
at https://www.bls.gov/data/ (accessed June 4,
2021).
The number of appraisers is estimated
by using the number of appraisers in
2020 as a proxy for the level of appraiser
employment over the next three years.27
In 2020, the total number of appraisers
was 86,000 and is similar to the annual
average of 87,000 appraisers between
2011 and 2020. Table 2 contains data on
annual employment level for appraisers
in the U.S. between 2011 and 2020:
TABLE 2—ANNUAL LEVEL OF EMPLOYMENT FOR APPRAISERS IN THE
UNITED STATES
Year
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
................................
................................
................................
................................
................................
................................
................................
................................
................................
................................
Value
(in thousands)
88
93
98
95
76
73
97
84
84
86
Source: BLS, ‘‘Employed—Appraisers and
assessors of real estate’’ (Series ID:
LNU02038218),
available
at
https://
beta.bls.gov/dataViewer/view/timeseries/
LNU02038218 (accessed June 2, 2021).
TABLE 1—ANNUAL RATE OF TOTAL
SEPARATIONS FOR THE FINANCE AND
Given the data summarized above, the
INSURANCE INDUSTRY IN THE UNITED number of appraisers who are laid off or
resign is estimated by multiplying the
STATES
Value
(in %)
Year
2011
2012
2013
2014
2015
2016
..........................................
..........................................
..........................................
..........................................
..........................................
..........................................
20.4
23.6
26.0
25.0
24.5
23.9
25 The agencies agreed to this burden-sharing
methodology in 2018.
26 Bureau of Labor Statistics (BLS), ‘‘Job Openings
and Labor Turnover Survey: Finance and
Insurance’’ (Series ID: JTU520000000000000TSR),
available at https://www.bls.gov/data/ (accessed
June 4, 2021).
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annual number of appraisers by the
annual separation rate 86,000 × 25.1
percent = 21,586.
As stated above, respondents to this
IC also include appraisers who have
their license revoked or surrendered
each year. According to the ASC,
between January 1, 2010 and December
31, 2019, the counts of appraisers who
have had their license revoked or
surrendered are 804 and 576,
27 BLS, ‘‘Employed—Appraisers and assessors of
real estate’’ (Series ID: LNU02038218), available at
https://beta.bls.gov/dataViewer/view/timeseries/
LNU02038218 (accessed June 2, 2021).
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respectively.28 Therefore, the annual
average over the ten-year span is 138
licenses revoked or surrendered per
year.29
The number of appraisal removal
notices for AMCs is then calculated by
adding the estimate of appraisers who
are laid off or resign to the number of
appraisers who have their licenses
revoked or surrendered, and
multiplying by the estimated percent of
total appraisers who work for AMCs.
According the Appraisal Institute,
approximately 81 percent of appraisers
are sole proprietors, executives in a
firm, or are listed as having other forms
of employment status.30 The remaining
19 percent of appraisers are employees
or staff members in firms such as AMCs,
appraisal services companies, or other
companies. Using 19 percent as the
estimate of the percentage of appraisers
who work for AMCs, the estimated total
number of appraiser removal notices for
AMCs is 4,130 notices per year, rounded
to the nearest ten.31 Thus, the estimated
number of annual respondents for this
information collection is 4,130. The
respondents to this IC are either natural
persons or AMCs. There are no data
available currently on the number of
AMCs that are considered ‘‘small,’’ for
the purposes of the Regulatory
Flexibility Act (RFA), and none of the
respondents who are natural persons are
small for the purposes of the RFA. As
a rough approximation, to estimate the
number of small respondents to this IC
FDIC uses the percentage of insured
depository institutions that are small (70
percent) for purposes of the RFA,32 and
28 Federal Financial Institution Examination
Council: Appraisal Subcommittee, ‘‘Annual Report
2019: Appendix E Appraiser Disciplinary Actions
Reported by State,’’ available at https://
www.asc.gov/About-the-ASC/AnnualReports.aspx
(accessed June 2, 2021).
29 The average over the ten years is calculated as
(1,380, or 804 + 576) divided by 10.
30 Appraisal Institute, ‘‘U.S. VALUATION
PROFESSION FACT SHEET Q1 2019,’’ available at
https://www.appraisalinstitute.org/
file.aspx?DocumentId=2342, (accessed June 2,
2021).
31 The estimated total number of appraiser
removal notices for AMCs is calculated as (21,586
+ 138) × 19 percent, which yields 4,127.56 notices,
or 4,130 after rounding to the nearest ten. The
estimate is rounded to the nearest ten because 10
percent of the respondents will be allocated to
FHFA, and OMB systems require whole number
inputs.
32 December 31, 2020, Call Report data. The Small
Business Administration (SBA) defines a small
banking organization as having $600 million or less
in assets, where an organization’s ‘‘assets are
determined by averaging the assets reported on its
four quarterly financial statements for the preceding
year.’’ See 13 CFR 121.201 (as amended by 84 FR
34261, effective August 19, 2019). In its
determination, the ‘‘SBA counts the receipts,
employees, or other measure of size of the concern
whose size is at issue and all of its domestic and
foreign affiliates.’’ See 13 CFR 121.103. Following
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assume that all respondents are AMCs.
Thus, FDIC estimates that 2,891
respondents to this IC are small for
purposes of the RFA.33 This is likely a
conservative estimate of small
respondents for this information
collection because not all respondents
to this IC are AMCs.
The estimated number of notices per
year is lower than the 2018 ICR estimate
by 5,751 notices.34 Two factors
contributed to the drop in estimated
notices: First, the number of appraisers
who are laid off or resign, and the
number that have had their licenses
revoked or surrendered (138 and 21,586,
respectively) are lower than the
estimates in the 2018 ICR (245 and
23,280); second, there is more granular
data available to calculate the share of
appraisers employed by AMCs,
appraisal services companies, or other
companies. The most recent data from
the Appraisal Institute contains nine
separate categories for Appraiser
Employment Status, whereas the data
available for the 2018 ICR contained
only four categories.35 Given the level of
aggregation available in 2018, the
estimate of the share of appraisers in the
2018 ICR likely included appraisers
who are employees or staff members in
a government or regulatory agency, and
individuals with employment statuses
such as valuation consultant, professor
or other academic professional, semiretired or retired, or student. The FDIC
notes that appraisers or individuals with
the five employment statuses listed
above would not be subject to this IC.
Consequently, the share (19 percent) is
much lower than the share (42 percent)
used in the 2018 ICR.
IC #2: Develop and Maintain a State
Licensing Program
The second information collection
pertains to developing and maintaining
a state licensing program for AMCs
pursuant to Section 323.14. Section
these regulations, the FDIC uses a covered entity’s
affiliated and acquired assets, averaged over the
preceding four quarters, to determine whether the
covered entity is ‘‘small’’ for the purposes of RFA.
33 The estimated number of small respondents to
this IC is calculated by multiplying the estimated
number of respondents (4,130) by 70 percent.
34 See OMB No. 3064–0195 and the
accompanying Supporting Statement submitted by
the FDIC in 2018, available at https://
www.reginfo.gov/public/do/PRAViewICR?ref_
nbr=201804-3064-013 (accessed June 2, 2021).
35 The most recent data available from the
Appraisal Institute includes five new categories
(employee or staff member in a government or
regulatory agency, valuation consultant, professor
or other academic professional, semi-retired or
retired, and student), in addition to the four
categories that match closely to the data in the 2018
ICR (employee or staff member of a firm, sole
proprietor of own business (no employees/
partners), executive in a firm, and other).
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323.14 requires that each state electing
to register AMCs for purposes of
permitting AMCs to provide appraisal
management services relating to covered
transactions in the state must submit to
the ASC certain information required
under the Rule and any additional
information required by the ASC
concerning AMCs. Thus, this burden
falls on the states, especially those that
have not developed a system to register
and oversee AMCs. According to the
ASC there are four states (the territories
of Guam, Mariana Islands, Puerto Rico,
and the U.S. Virgin Islands) that have
not developed a system to register and
oversee AMCs.36 Thus, the estimated
number of annual respondents for this
burden is four. Since respondents to this
IC are states, none of the respondents
are considered ‘‘small’’ for purposes of
the RFA.
IC #3: AMC Disclosure Requirements
(State-Regulated AMCs) 37
The third information collection
relates to disclosure requirements for
AMCs that are not federally regulated
AMCs 38 (‘‘state-regulated AMCs’’)
pursuant to Section 323.12, which
involves information sent by AMCs to
third parties, including states and the
AMC National Registry. The disclosure
requirement for this IC includes
registration limitations/requirements.
According to the National Registry,
accessed on June 2, 2021, there are
3,854 active AMCs, of which 3,817 are
state-regulated AMCs.39 FDIC does not
have the data to estimate the change in
the number of active state-regulated
AMCs using historical information
because the National Registry became
available for the states to populate in
July 2018, and the states’ reporting
characteristics vary over time.40 For the
36 ASC, ‘‘States’ Status on Implementation of
AMC Programs,’’ available at https://www.asc.gov/
National-Registries/StatesStatus.aspx (accessed
June 2, 2021).
37 Based on conversations between the SMEs at
the FDIC, FRB, OCC, and FHFA, the current ICR
splits the IC #3 from the 2018 ICR (titled ‘‘AMC
Reporting Requirements (State and Federal AMCs)
(323.12 & 13(c))’’) in to two separate ICs, one each
for state-regulated AMCs, and federally regulated
AMCs.
38 Section 323.9 defines a federally regulated
AMC as ‘‘an AMC that is owned and controlled by
an insured depository institution, as defined in 12
U.S.C. 1813 and regulated by [the OCC, FRB, or
FDIC].’’
39 ASC nonpublic data, obtained as of June 3,
2021, stored under this memo’s workpapers on
FDIC SharePoint.
40 The most recent Annual Report of the ASC
notes that as of December 31, 2019, the National
Registry contained 1,374 AMCs registered from 14
states. As of June 2, 2021, the date I accessed the
ASC’s website, there are 40 states currently
populating the National Registry. See Federal
Financial Institution Examination Council:
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purposes of this analysis FDIC assumes
the number of state-regulated AMCs to
remain approximately the same over the
next three years. Thus, the estimated
number of annual respondents for this
burden is 3,820, after rounding up to the
nearest ten.41 There are no data
available currently on the number of
AMCs that are small. As a rough
approximation, FDIC uses the
percentage of insured depository
institutions that are small (70 percent)
for purposes of the RFA to estimate the
number of small respondents to this IC.
Using this methodology FDIC estimates
that 2,674 respondents to this IC are
small for purposes of the RFA.42
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IC #4: AMC Disclosure Requirements
(Federally Regulated AMCs)
The fourth information collection
relates to AMC disclosure requirements
for federally regulated AMCs pursuant
to Section 323.13(c). The disclosure
requirements for this IC include
registration limitations/requirements as
well as information regarding the
determination of the AMC National
Registry fee. Of the 3,854 active AMCs,
37 are federally regulated AMCs.43 FDIC
does not have the data to estimate the
change in the number of active federally
regulated AMCs using historical
information because the National
Registry became available for the states
to populate in July 2018, and the states’
reporting characteristics vary over
time.44 For the purposes of this analysis
FDIC assumes the number of federally
regulated AMCs to remain
approximately the same over the next
three years. Thus, the estimated number
of annual respondents for this burden is
39, after rounding up to the nearest
multiple of three.45 There are no data
Appraisal Subcommittee, ‘‘Annual Report 2019:
Appendix E Appraiser Disciplinary Actions
Reported by State,’’ available at https://
www.asc.gov/About-the-ASC/AnnualReports.aspx
(accessed June 2, 2021); and ASC, ‘‘States’ Status on
Implementation of AMC Programs,’’ available at
https://www.asc.gov/National-Registries/
StatesStatus.aspx (accessed June 2, 2021).
41 The estimate is rounded to the nearest ten
because 10 percent of the respondents will be
allocated to FHFA, and OMB systems require whole
number inputs.
42 The estimated number of small respondents to
this IC is calculated by multiplying the estimated
number of respondents (3,820) by 70 percent.
43 ASC nonpublic data, obtained as of June 3,
2021.
44 See footnote 40.
45 The estimate is rounded to the nearest multiple
of three because the estimated respondents will be
allocated equally to the FDIC, FRB, and OCC, and
OMB systems require whole number inputs. The
aggregate estimated number of respondents for IC
#3 and IC #4 in the current ICR (state-regulated and
federally regulated AMCs) is higher than the
corresponding estimate in the 2018 ICR by 3,659.
The increase in the number of respondents in the
current ICR is attributable to the definitive
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available currently on the number of
AMCs that are small. As a rough
approximation, FDIC uses the
percentage of insured depository
institutions that are small (70 percent)
for purposes of the RFA to estimate the
number of small respondents to this IC.
Accordingly, FDIC estimates that 27
respondents to this IC are small for
purposes of the RFA.46
Estimated Number of Responses
For IC #1, FDIC assumes an AMC
receives one written notice from each
appraiser 47 asking to be removed from
the appraiser panel, or sends one notice
to each appraiser removing him/her
from the panel. Thus, the estimated
number of responses per respondent is
one.
For IC #2, FDIC assumes that states
without a registration and licensing
program would develop and maintain a
single program for each state. Thus, the
estimated number of responses per
respondent is one.
For IC #3 and IC #4, FDIC estimates
the number of responses per respondent
as the number of states that do not have
an AMC registration program in which
the average state-regulated or federally
regulated AMC operates. As discussed
previously, there are four states that
currently do not have an AMC
registration program. As noted in the
Supporting Statement accompanying
the 2018 ICR, a 2013 survey conducted
by the CFPB found that the average
AMC operates in 19.56 states.48 Thus,
the average state-regulated or federally
regulated AMC operates in
approximately 2 states that do not have
AMC registration systems: (4 states/55
states) × 19.56 states = 1.422 states ∼
rounded up to 2 states.
Frequency of Responses
For IC #1, as discussed above, the
AMC receives (or sends) a written notice
in the event an appraiser no longer
serves on the panel. Since this event
occurs on occasion, FDIC uses ‘‘On
Occasion’’ as the Frequency of Reponses
information available from the National Registry
after 2018, when AMC registration requirements
became effective.
46 The estimated number of small respondents to
this IC is calculated by multiplying the estimated
number of respondents (39) by 70 percent.
47 In the event of an appraiser’s death or
incapacitation, the AMC receives notice of death or
incapacity. See 12 CFR 323.10.
48 See OMB No. 3064–0195 and the
accompanying Supporting Statement submitted by
the FDIC in 2018, available at https://
www.reginfo.gov/public/do/PRAViewICR?ref_
nbr=201804-3064-013 (accessed June 2, 2021).
Additional details on the survey can be found in the
text accompanying the final rule. See Minimum
Requirements for Appraisal Management
Companies, 80 FR 32,677 (June 9, 2015).
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for this IC and assumes a frequency of
one.
For IC #2, FDIC assumes the states
that have currently elected not to
register and oversee AMCs could choose
to do so at any time. Since this event
occurs on occasion, FDIC uses ‘‘On
Occasion’’ as the Frequency of Reponses
for this IC and assumes a frequency of
one.
For IC #3 and IC #4, FDIC assumes the
state-regulated or federally regulated
AMCs that are currently operating in a
state but have not yet registered with
that state could choose to do so any
time. Since this event occurs on
occasion, FDIC uses ‘‘On Occasion’’ as
the Frequency of Reponses for this IC
and assumes a frequency of one.
Estimated Time per Response
The 2018 ICR estimate of the hour
burden per written notice of appraiser
removal was 0.08 hours. The FDIC
believes this estimate remains
reasonable and appropriate for this IC
and uses 0.08 hours as the estimated
time per response for IC #1.
The 2018 ICR estimate of the hour
burden for a state without a registration
program or system to establish one was
40 hours. The FDIC believes this
estimate remains reasonable and
appropriate for this IC and uses 40
hours as the estimated time per
response for IC #2.
The 2018 ICR estimate of the hour
burden for a state-regulated or federally
regulated AMC to register in a state in
which it operates was one hour. The
FDIC believes this estimate remains
reasonable and appropriate for IC #3
and IC #4 and uses one hour each as the
estimated time per response for IC #3
and IC #4.
The estimated annual burden, in
hours, for the four agencies (FDIC, FRB,
OCC, and FHFA) is the product of the
estimated number of respondents per
year allocated to each agency, the
number of responses per respondent per
year, and the hours per response, as
summarized in Tables 3 and 4 below.
For IC #1, and IC #3, the estimated
respondents are split between the four
agencies the FDIC, FRB, OCC, and
FHFA, at a ratio of 3:3:3:1.49 Thus, the
49 The assumption to divide the burden hours
between the agencies is based on conversations
between the subject matter experts at the FDIC,
FRB, OCC, and FHFA and is based on the
approximate proportion of AMCs supervised by the
three banking agencies and evenly split among the
three banking agencies. The burden hours are
shared using the same ratio as the 2018 ICR. The
ratio does not affect the total amount of burden
imposed by the collections of information under the
joint AMC regulations, and relates only to the
appropriate distribution among the rulemaking
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estimated number of annual
respondents attributable to the FDIC,
FRB, and OCC for IC #1, and IC #3 are
1,239, and 1,146 each, respectively.
Similarly, the estimated number of
annual respondents attributable to the
FHFA for IC #1, and IC #3 are 413, and
382, respectively. For IC #2, the
estimated number of respondents is
split equally amongst the four agencies
which amounts to one respondent
each.50 For IC #4, the estimated number
of respondents (39) is split equally
amongst the three banking agencies (13
each) as Section 323.9 defines a
federally regulated AMC as an AMC
owned and controlled by an insured
depository institution, which is
regulated by the FDIC, FRB, or OCC.
The total estimated annual burden for
this information collection is 8,208
hours.51 The FDIC, FRB, and OCC will
each have equally-sized shares of the
total estimated burden, with each
agency responsible for 2,457 hours. The
FHFA is responsible for the remaining
837 hours.
TABLE 3—SUMMARY OF ESTIMATED ANNUAL BURDENS—FDIC, FRB, AND OCC SHARE
[OMB No. 3064–0195]
Number of
respondents
Number of
responses per
respondent
On occasion ...
1,239
1
0.08
99
Recordkeeping (Mandatory)
On occasion ...
1
1
40
40
Disclosure 53 (Mandatory) ....
On occasion ...
1,146
2
1
2,292
Disclosure (Mandatory) .......
On occasion ...
13
2
1
26
..............................................
........................
....................
........................
....................
2,457
IC description
Type of burden
(obligation to respond)
Frequency
of response
IC #1—Written Notice of Appraiser
Removal From Network or
Panel (12 CFR part 323.10).
IC #2—State Recordkeeping Requirements (12 CFR parts
323.11(a) and 323.11(b)).
IC #3—AMC Disclosure Requirements (State-regulated AMCs)
(12 CFR part 323.12).
IC #4—AMC Disclosure Requirements
(Federally
regulated
AMCs) (12 CFR parts 323.12
and 323.13(c)).
Disclosure 52 (Mandatory) ....
Total Annual Burden Hours
(FDIC, FRB, and OCC
Share).
Annual
burden
(hours)
Hours per
response
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Source: FDIC.
3. Title: Joint Standards for Assessing
Diversity Policies and Practices.
OMB Number: 3064–00200.
Form Number: 2710/05—Diversity
Self-Assessment (paper form).
2710/06—Diversity Self-Assessment
(electronic form).
Affected Public: Insured state
nonmember banks, and insured state
savings associations.
Burden Estimate: FDIC is revising the
burden estimates associated with this
information collection as a result of the
update of the electronic version of the
reporting form. The update will allow
respondents who have previously
completed a diversity self-assessment
(DSA) to copy and clone their previous
submission. This copy/clone capability
reduces the reporting burden for
returning respondents. However, it does
not change the burden for respondents
who fill out the electronic form for the
first time or respondents who choose an
alternative method of assessing their
diversity policies and practices. As
such, this ICR revises the IC line items
to distinguish between the
implementation burden incurred by first
time respondents from the ongoing
burden incurred by returning
respondents. This ICR also updates the
respondent count estimates for the other
line items in this IC. Finally, this ICR
adds a line to cover the burdens of nonmaterial (not responsive) submissions.
In October 2020, the FDIC
implemented a copy/clone feature in
FID–SA for submissions covering the
2020 reporting period and beyond. This
feature allows the respondent to prepopulate a new diversity selfassessment with the information that
was previously completed and
submitted. In addition, the FDIC Office
of Minority and Women Inclusion
(OMWI) have identified several
submissions that complete the pro
forma form but do not provide the FDIC
with any material self-assessments.
With the addition of these two
submission types, there are now five
distinct submission types for this IC:
1. Paper Form Submissions, which are
DSA submissions that use the ‘‘Diversity
Self-Assessment of Financial
Institutions Regulated by the FDIC’’
form and submit the form as an email
attachment or via the United States
Postal Service;
2. Electronic Form (Implementation)
Submissions, which are DSA
submissions that utilize the online FID–
SA application, and the financial
institution has not previously submitted
a DSA;
3. Electronic Form (Ongoing)
Submissions, which are DSA
submissions that utilize the online FID–
agencies of responsibility (under the PRA) for a
portion of the total estimated burden. See OMB No.
2590–0013 and the accompanying Supporting
Statement submitted by the FHFA in 2018,
available at https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201807-2590-002 (accessed
June 16, 2021).
50 For IC #2, the assumption to divide the burden
hours equally between the agencies is based on
conversations between the SMEs at the FDIC, FRB,
OCC, and FHFA. The burden hours are shared using
the same ratio as the 2018 ICR.
51 The estimated total annual burden hours of
8,208 is obtained by aggregating the estimated total
annual burden hours for the FDIC, FRB, and OCC
in Table 3 (7,371, or 2,457 × 3) with the
corresponding value for the FHFA in Table 4 (837).
The estimated hour burden in the current ICR
(8,208) higher than the 2018 ICR estimate by 6,763
hours. The increase is predominantly driven by the
increase in the aggregate estimated number of
respondents to IC #3 and IC #4. As discussed
previously, the estimated number of respondents in
higher than the estimate in the 2018 ICR due to the
definitive information available from the National
Registry after 2018.
52 The 2018 ICR erroneously classified IC #1 as a
Recordkeeping requirement. The burden for this IC
has been changed to a Disclosure requirement.
53 The 2018 ICR erroneously classified IC #3 as a
Reporting requirement. The burden for this IC has
been changed to a Disclosure requirement.
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SA application and are able to use the
copy/clone feature in FID–SA;
4. Free-Form Submissions, which are
submissions that do not use the
‘‘Diversity Self-Assessment of Financial
Institutions Regulated by the FDIC’’
form; and
5. Non-Material Submissions, which
are pro forma submissions that do not
provide any material self-assessments.
Estimated Number of Respondents and
Responses
Responses to this information
collection are voluntary and may be
submitted by any FDIC-regulated
financial institution. As such, potential
respondents to this IC are all FDICregulated financial institutions. As of
December 31, 2020, the FDIC regulates
3,227 insured depository institutions
(IDIs). Of these institutions, 2,380 are
considered small for the purposes of the
Regulatory Flexibility Act (RFA).
Respondents submit a single response
per year. To estimate the number of
respondents for this ICR, FDIC reviewed
and summarized data from historical
submissions by FDIC-regulated IDIs
covering diversity activities in the
reporting periods 2016–2019.
Submissions were categorized as a firsttime submission if no prior submission
was made by the same IDI. Otherwise,
the submission was categorized as a
repeat submission. FDIC did not
categorize 2016 submissions since 2016
was the first year for which the agency
has submission data. A summary of
these results is provided in Table 1
below:
TABLE 1—OMWI SUBMISSION COUNTS, BY SUBMISSION TYPE AND REPORTING PERIOD
Submission type
2016
All submissions * ..............................................................................................................................................
All submissions, small IDIs ** ..........................................................................................................................
First-time submissions .....................................................................................................................................
First-time submissions, small IDIs ** ...............................................................................................................
Repeat submissions ........................................................................................................................................
Repeat submissions, small IDIs ** ...................................................................................................................
95
17
............
............
............
............
2017
137
26
81
18
56
8
2018
133
26
42
13
91
13
2019
152
33
38
16
113
17
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Source: FDIC OMWI.
* These counts include two financial institutions (CERTs 20399 in 2016 and 29845 in 2019) that were later found to not be regulated by the
FDIC during their respective reporting periods. We include them here to align the table with other OMWI published analyses (available at https://
www.fdic.gov/about/diversity/analysisdsa.html).
** IDIs are counted as small if they meet the SBA’s definition of ‘‘small’’ for purposes of RFA as of December 31st in each reporting period.
As Table 1 shows, there were 152
total submissions in 2019, the most
recent reporting year. This is an increase
of approximately 20 submissions from
the previous year. This increase is due
to the introduction of the online FID–SA
application and an expanded outreach
effort by the FDIC to educate and
increase awareness about the DSA. The
FDIC expects that submission counts
will continue to climb upwards due to
continued expanded outreach efforts as
well as the introduction of the copy/
clone feature to facilitate responses.
Based on the historical submission
counts and the expected rise in
submissions, the FDIC expects it will
receive 195 submissions per year with
the majority of these submissions using
the online FID–SA application. Based
on the historical trends of first-time and
repeating submissions future
expectations, the FDIC anticipates
annual respondent counts of 45
Electronic Form (Implementation) and
130 Electronic Form (Ongoing)
submissions.54 In addition, the FDIC
anticipates annual counts of five FreeForm Submissions and ten Non-material
Submissions.55 Finally, FDIC recognizes
that some IDIs may prefer to continue
providing Paper Submissions and
anticipate five such submissions per
year.
54 Steady state averages of 25 percent for
Electronic Form (Implementation) and 75 percent
for Electronic Form (Ongoing) submissions were
estimated from historical submissions by FDICregulated IDIs covering diversity activities in 2019,
the first reporting period for which the online
submission was available, and multiplied by 175,
the anticipated number of annual Electronic Form
submissions, to arrive at estimates of 45 Electronic
Form (Implementation) and 130 Electronic Form
(Ongoing) submissions. For the purposes of
annualizing the estimated number of respondents,
it is assumed that the estimated annual count of
respondents for Electronic Form (Ongoing)
Submissions includes returning Electronic Form
(Implementation) Submissions from the previous
year.
55 The FDIC found 0, 0, and 4 Free-Form
submissions and 3, 3, and 12 Non-material
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Estimated Hourly Burden
The FDIC estimates that Electronic
Form (Implementation) Submissions
will take seven hours, the same burden
that was recorded in the Electronic
Form line item in the 2020 ICR. For
Electronic Form (Ongoing) Submissions,
the FDIC estimates that the copy/clone
feature will save respondents an average
of four hours per submission, for a net
burden of three hours per response. For
Non-material Submissions, the FDIC
estimates that the pro forma completion
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of the submission application will take
six minutes, or 0.1 hours. The FDIC has
reviewed the hourly burden estimates
for Paper Submissions and for FreeForm Submissions and found that the
estimates from the 2020 ICR remain
reasonable and appropriate. Finally, the
FDIC estimates that each respondent
will incur one hour of burden per year,
on average, to disclose a portion of its
submission to the public, in a manner
reflective of the entity’s size and other
characteristics.
The estimated annual burden for each
submission type, in hours, is the
product of the estimated number of
respondents, number of responses per
respondent per year, and time per
response, as summarized in Table 2
below. The total estimated annual
burden for this information collection is
100, 106 hours, a reduction of 559 hours
from the previously approved ICR. 56
submissions in 2017, 2018, and 2019, respectively.
Based on these historical numbers and their
supervisory experience, the FDIC anticipates
approximately 5 Free-Form and 10 Non-material
Submissions going forward.
56 The average burden hour estimate across all
submission types is 4 hours and 8 minutes per
response.
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TABLE 2—SUMMARY OF ESTIMATED ANNUAL BURDEN
[OMB No. 3064–0006]
Information collection
description—submission
type
Type of burden
(obligation to respond)
Frequency
of response
Number of
responses per
respondent
Joint Standards for Assessing
Diversity Policies and Practices—Paper Form.
Joint Standards for Assessing
Diversity Policies and Practices—Electronic Form (Implementation).
Joint Standards for Assessing
Diversity Policies and Practices—Electronic Form (Ongoing).
Joint Standards for Assessing
Diversity Policies and Practices—Free-Form.
Joint Standards for Assessing
Diversity Policies and Practices—Non-material.
Joint Standards for Assessing
Diversity Policies and Practices—Public Disclosure.
Reporting (Voluntary) .....
Annual ............
5
1
8
40
Reporting (Voluntary) .....
Annual ............
45
1
7
315
Reporting (Voluntary) .....
Annual ............
130
1
3
390
Reporting (Voluntary) .....
Annual ............
5
1
12
60
Reporting (Voluntary) .....
Annual ............
10
1
0.1
1
Disclosure (Voluntary) ...
Annual ............
195
1
1
195
Total Annual Burden
(Hours):.
........................................
........................
........................
........................
........................
1,001
Number of
respondents
Annual
burden
(hours)
Hours per
response
Source: FDIC.
jbell on DSKJLSW7X2PROD with NOTICES
General Description of Collection
Section 342 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act of 2010 (the Act) required the Office
of the Comptroller of the Currency
(OCC), Board of Governors of the
Federal Reserve System (Board), Federal
Deposit Insurance Corporation (FDIC),
Bureau of Consumer Financial
Protection (CFPB), National Credit
Union Administration (NCUA), and
Securities and Exchange Commission
(SEC) (together, Agencies and
separately, Agency) each to establish an
Office of Minority and Women
Inclusion (OMWI) to be responsible for
all matters of the Agency relating to
diversity in management, employment,
and business activities. The Act also
instructed each OMWI Director to
develop standards for assessing the
diversity policies and practices of
entities regulated by the Agency. The
Agencies worked together to develop
joint standards and, on June 10, 2015,
they jointly published in the Federal
Register 57 the ‘‘Final Interagency Policy
Statement Establishing Joint Standards
for Assessing the Diversity Policies and
Practices of Entities Regulated by the
Agencies’’ (Policy Statement).
The Policy Statement contains a
‘‘collection of information’’ within the
meaning of the Paperwork Reduction
Act of 1995 (PRA). The Policy Statement
57 80
FR 33016.
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17:05 Aug 09, 2021
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includes Joint Standards that cover
‘‘Practices to Promote Transparency of
Organizational Diversity and Inclusion.’’
These Joint Standards contemplate that
a regulated entity is transparent about
its diversity and inclusion activities by
making certain information available to
the public annually on its website or
through other appropriate
communications methods, in a manner
reflective of the entity’s size and other
characteristics. The specific information
referenced in these standards is: (a)
Leadership commitment to diversity
and inclusion; (b) workforce diversity
and employment practices; (c) progress
toward achieving diversity and
inclusion in its procurement activities;
and (d) opportunities available at the
entity that promote diversity.
In addition, the Policy Statement
includes Joint Standards that address
‘‘Entities’ Self-Assessment.’’ The Joint
Standards for Entities’ Self-Assessment
envision that a regulated entity, in a
manner reflective of its size and other
characteristics, (a) conducts annually a
voluntary self-assessment of its diversity
policies and practices; (b) monitors and
evaluates its performance under its
diversity policies and practices on an
ongoing basis; (c) provides information
pertaining to its self-assessment to the
OMWI Director of its primary federal
financial regulator; and (d) publishes
information pertaining to its efforts with
respect to the Joint Standards.
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The collection of information
described above is reported to the FDIC
via the form entitled ‘‘Diversity SelfAssessment of Financial Institutions
Regulated by the FDIC,’’ which can be
submitted in paper 58 or electronic
format.59 To facilitate DSA submissions,
the FDIC has developed the automated
Financial Institution Diversity SelfAssessment (FID–SA) application. FID–
SA provides FDIC-regulated financial
institutions an easy and efficient way to
electronically complete the diversity
self-assessment; work with multiple
users; view previous submissions;
attach supporting material; and print
and save in pdf format.60
Request for Comment
Comments are invited on: (a) Whether
the collection of information is
necessary for the proper performance of
the FDIC’s functions, including whether
58 The paper version of the ‘‘Diversity SelfAssessment of Financial Institutions Regulated by
the FDIC’’ form (form number 2710/05) can be
viewed at the following location: https://
www.fdic.gov/resources/regulations/federalregister-publications/2021/2021-form-2710-05diversity-self-assessment-paper-form.pdf.
59 The electronic version of the ‘‘Diversity SelfAssessment of Financial Institutions Regulated by
the FDIC’’ form (form number 2710/06) can be
viewed at the following location: https://
www.fdic.gov/resources/regulations/federalregister-publications/2021/2021-form-2710-06diversity-self-assessment-screen-shots.docx.
60 As described in the FID–SA portal, available at
https://www.fdic.gov/about/diversity/
fidsaportal.html (accessed May 1, 2021).
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the information has practical utility; (b)
the accuracy of the estimates of the
burden of the information collection,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. All comments will become
a matter of public record.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on August 4,
2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021–16963 Filed 8–9–21; 8:45 am]
Board of Governors of the Federal Reserve
System, August 5, 2021.
Ann Misback,
Secretary of the Board.
BILLING CODE 6714–01–P
FEDERAL RESERVE SYSTEM
jbell on DSKJLSW7X2PROD with NOTICES
Notice of Proposals To Engage in or
To Acquire Companies Engaged in
Permissible Nonbanking Activities
17:05 Aug 09, 2021
Jkt 253001
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. Cheryl Allen, Sterling, Illinois;
Gregg DeVries, Byron, Illinois; and
Sandra K. DeVries Trust, Sandra K.
Devries, as trustee, and Roger P. DeVries
Trust, Roger P. DeVries, as trustee, all of
Milledgeville, Illinois; as the DeVries
Family Control Group, a group acting in
concert; and Edward M. Tyne, Kay F.
Tyne, and Margaret A. Tyne, all of Polo,
Illinois; and Courtney Tyne,
Washington, DC; as the Tyne Family
Control Group, a group acting in
concert, to acquire additional voting
shares of Milledgeville Bancorp, Inc.,
and thereby indirectly acquire voting
shares of Milledgeville State Bank, both
of Milledgeville, Illinois.
[FR Doc. 2021–17023 Filed 8–9–21; 8:45 am]
Board of Governors of the Federal Reserve
System, August 5, 2021.
Ann Misback,
Secretary of the Board.
BILLING CODE P
[FR Doc. 2021–17022 Filed 8–9–21; 8:45 am]
BILLING CODE P
The companies listed in this notice
have given notice under section 4 of the
Bank Holding Company Act (12 U.S.C.
1843) (BHC Act) and Regulation Y, (12
CFR part 225) to engage de novo, or to
acquire or control voting securities or
assets of a company, including the
companies listed below, that engages
either directly or through a subsidiary or
other company, in a nonbanking activity
that is listed in § 225.28 of Regulation Y
(12 CFR 225.28) or that the Board has
determined by Order to be closely
related to banking and permissible for
bank holding companies. Unless
otherwise noted, these activities will be
conducted throughout the United States.
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
question whether the proposal complies
with the standards of section 4 of the
BHC Act.
Unless otherwise noted, comments
regarding the applications must be
received at the Reserve Bank indicated
or the offices of the Board of Governors,
VerDate Sep<11>2014
Ann E. Misback, Secretary of the Board,
20th Street and Constitution Avenue
NW, Washington, DC 20551–0001, not
later than September 9, 2021.
A. Federal Reserve Bank of
Philadelphia (William Spaniel, Senior
Vice President) 100 North 6th Street,
Philadelphia, Pennsylvania 19105–
1521. Comments can also be sent
electronically to
Comments.applications@phil.frb.org:
1. Columbia Bank MHC and Columbia
Financial, Inc., both of Fair Lawn, New
Jersey; to acquire Freehold MHC and
Freehold Bancorp, and indirectly
acquire Freehold Bank, all of Freehold,
New Jersey, and thereby engage in
operating a savings association pursuant
to Section 225.28(b)(4)(ii) of Regulation
Y.
43663
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington, DC 20551–0001, not later
than August 25, 2021.
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
[CFDA Numbers: 93.581, 93.587, 93.612]
Notice of Final Issuance on the
Administration for Native Americans
Program Policies and Procedures
Administration for Native
Americans, (ANA), Administration for
Children and Families (ACF),
Department of Health and Human
Services (HHS).
ACTION: Notice of final issuance.
AGENCY:
Pursuant to section 814 of the
Native American Programs Act of 1974
(NAPA), as amended, ANA is required
to provide members of the public an
opportunity to comment on proposed
changes in interpretive rules and
general statements of policy and to give
notice of the proposed changes no less
than 30 days before such changes
become effective. On February 19, 2021,
ANA published a Notice of Public
Comment (NOPC) in the Federal
Register regarding its proposed
interpretive rules and general
statements of policy relative to its six
FY 2021 Funding Opportunity
Announcements (FOAs): Environmental
Regulatory Enhancement (HHS–2021–
ACF–ANA–NR–1907); Native American
Language Preservation and
Maintenance—Esther Martinez
SUMMARY:
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| File Modified | 2021-08-10 |
| File Created | 2021-08-10 |