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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Proposed Rules
OCC classifies the economic impact on an individual small entity as significant if the total estimated impact in one year is greater than 5 percent of the small entitys total annual salaries and benefits or greater than 2.5 percent of the small entitys total non-interest expense.
Based on these thresholds, the OCC
estimates that, if implemented, the proposed rules would have a significant economic impact on zero small entities, which is not a substantial number.
Therefore, the OCC certifies that the proposed rules would not have a significant economic impact on a substantial number of small entities.
B. Paperwork Reduction Act Certain provisions of the proposed rules contain collection of information requirements within the meaning of the Paperwork Reduction Act PRA of 1995 44 U.S.C. 3501
3521. In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget OMB control number. The OCC reviewed the proposed rules and determined that it revises certain information collection requirements previously cleared by OMB under OMB Control No. 1557
0160. The OCC has submitted the revised information collection to OMB
for review under section 3507d of the PRA 44 U.S.C. 3507d and section 1320.11 of the OMBs implementing regulations 5 CFR1320.
Under the proposed rules:
12 CFR 25.25b and 195.25b Requests for designation as a wholesale or limited purpose bank would be made in writing with the OCC at least three months prior to the proposed effective date of the designation.
12 CFR 25.27 and 195.27Strategic plans would be submitted at least three months prior to proposed effective dates. Plans would include measurable goals and address all the performance categories. Plans would include a description of informal efforts to solicit public suggestions, any written public comments received, and if revised pursuant to public comment, a copy of the initial plan. Amendments to plans could be submitted in the case of a change in material circumstances.
12 CFR 25.42a and 195.42a Large banks would collect and maintain certain small business and small farm loan data in a machine-readable form and report it annually pursuant to 12
CFR 25.42b1 and 195.42b1.

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12 CFR 25.42b2 and 195.42b2Large banks would report annually in machine readable form the aggregate number and aggregate amount of community development loans originated or purchased.
12 CFR 25.42b3 and 195.42b3Large banks, if subject to reporting under HMDA, would report the location of each home mortgage loan application, origination, or purchase outside the MSAs where the bank has a home or branch office.
12 CFR 25.42c1 and 195.42c1All banks could collect and maintain in machine readable form certain data for consumer loans originated or purchased by a bank for consideration under the lending test.
Under 12 CFR 25.42c24 and 195.42c24, other information could be included concerning a banks lending performance, including additional loan distribution data.
12 CFR 25.42d and 195.42d Banks that elect to have the OCC
consider loans by an affiliate, for purposes of the lending or community development test or an approved strategic plan, would collect, maintain, and report the data that the bank would have collected, maintained, and reported pursuant to 12 CFR 25.42a c or 195.42ac, respectively, had the loans been originated or purchased by the bank. For home mortgage loans, the bank would also be prepared to identify the home mortgage loans reported under HMDA by the affiliate.
12 CFR 25.42e and 195.42e Banks that elect to have the OCC
consider community development loans by a consortium or a third party, for purposes of the lending or community development tests or an approved strategic plan, would report for those loans the data that the bank would have reported under 12 CFR 25.42b2 or 195.42b2, respectively, had the loans been originated or purchased by the bank.
12 CFR 25.42f and 195.42f Small banks that qualify for evaluation under the small bank performance standards but elect evaluation under the lending, investment, and service tests would collect, maintain, and report the data required for other banks under 12
CFR 25.42a, 25.42b, 195.42a, and 195.42b.
12 CFR 25.42g and 195.42g Banks, except those that were a small bank during the prior calendar year, would collect and report to the OCC by March 1 each year a list for each assessment area showing the geographies within the area.
12 CFR 25.43a and 195.43aAll banks would maintain a public file that
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contains with certain specified details:
all written comments and responses; a copy of the public section of the banks most recent CRA performance evaluation; a list of the banks branches;
a list of the branches opened or closed;
a list of services offered; and a map of each assessment area delineated by the bank.
12 CFR 25.43b and 195.43b Large banks would include in their public files certain information pertaining to the institution and its affiliates, if applicable, for each of the prior two calendar years. If the bank has elected to have one or more categories of its consumer loans considered under the lending test, for each of these categories, they would include the number and amount of loans: to low-, moderate-, middle-, and upper-income individuals; located in low-, moderate, middle-, and upper-income census tracts; and located inside the banks assessment areas and outside the banks assessment areas; and their CRA Disclosure Statement. A bank required to report home mortgage loan data pursuant to 12 CFR part 1003
would include a written notice that the institutions HMDA Disclosure Statement may be obtained on the Consumer Financial Protection Bureaus Bureaus website. A bank that elected to have the OCC consider the mortgage lending of an affiliate would include the name of the affiliate and a written notice that the affiliates HMDA Disclosure Statement may be obtained at the Bureaus website. A small bank or a bank that was a small bank during the prior calendar year would include: its loan-to-deposit ratio for each quarter of the prior calendar year and, at its option, additional data on its loan-todeposit ratio; and the information required for other banks by 12 CFR
24.43b1 or 195.43b1, if it has elected to be evaluated under the lending, investment, and service tests. A
bank that has been approved to be assessed under a strategic plan would include in its public file a copy of that plan. A bank that received a less than satisfactory rating during its most recent examination would include in its public file a description of its current efforts to improve its performance in helping to meet the credit needs of its entire community. The bank would update the description quarterly.
12 CFR 25.43c through e and 12
CFR 195.43c through eA bank would make available to the public for inspection upon request and at no cost the information required in these provisions at the main office or branch as specified. Upon request, bank would provide copies, either on paper or in
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