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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations associations to comply with additional requirements to which insured State nonmember banks are not subject. The FDIC received no comments on the proposal to rescind and remove part 390, subpart G.
For a statement of the rationale for rescission and removal of each section of subpart G, the reader is referred to the fulsome explanations provided in the NPR, which the FDIC references here as the basis for finalizing the regulations as proposed. In several instances, the proposal to remove a specific section of subpart G was coupled with a proposed amendment to part 338 of the FDICs regulations. These amendments are also discussed below.

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B. Amendments to Part 338 Fair Housing The FDICs part 338, Fair Housing, applies to insured State nonmember banks and addresses discrimination in advertising and recordkeeping requirements under ECOA and the Home Mortgage Disclosure Act HMDA.
The FDIC proposed to make technical conforming edits to part 338 to encompass State savings associations and update the regulation. In short, the FDIC proposed to: 1 Revise 338.1 to reflect that the advertising provisions of subpart A apply to State savings associations and their subsidiaries, to conform to and reflect the scope of FDICs current supervisory responsibilities as the appropriate Federal banking agency for State savings associations; 2 in 338.2, add a defined term FDIC-supervised institution, defined to mean either a bank defined in 338.2a to mean an insured State nonmember bank as defined in section 3 of the Federal Deposit Insurance Act or a State savings association; 3 add a new subsection to define State savings association as having the same meaning as in section 3b3 of the Federal Deposit Insurance Act; 10 4
make conforming technical edits throughout, including replacing the term FDIC-supervised institution or institution in place of bank throughout the rule where necessary and revising references to the FRBs 12
CFR parts 202 and 203 throughout part 338 to refer to the Bureau of Consumer Financial Protections CFPB 12 CFR
parts 1002 and 1003, respectively; and 5 amend 338.4 to update the text required for the Equal Housing Lender poster to the correct address for the FDIC Consumer Response Center. The 10 12

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FDIC received no comments on the proposal to amend part 338.
The Supplementary Information section of this final rule sets forth the rationales for the amendments to the FDICs regulations located in part 338
because, as proposed, the final rule revises FDIC regulations that will remain in place, albeit in an amended form.
1. Section 338.1Purpose Section 338.1 states that its purposes are to prohibit insured State nonmember banks from engaging in discriminatory advertising with regard to residential real estate-related transactions and require them to publicly display either the Equal Housing Lender poster set forth in 338.4b of the FDICs regulations or the Equal Housing Opportunity poster prescribed in 24
CFR part 110 in HUDs regulations. The FDIC proposed to amend 338.1 to change references to insured State nonmember banks to refer to FDICsupervised institutions to reflect that 338.1 applies to all institutions for which the FDIC is the appropriate Federal banking agency.
2. Section 338.2Definitions Applicable to This Subpart Section 338.2 defines terms used in subpart A of part 338, including the term bank defined in 338.2a to mean an insured state nonmember bank as defined in section 3 of the Federal Deposit Insurance Act. The FDIC proposed to add a new defined term FDIC-supervised institution meaning a bank or a State savings association to 338.2c and to add to 338.2f, a new defined term State savings association having the same meaning as in section 3b3 of the Federal Deposit Insurance Act, 12
U.S.C. 1813b3. The FDIC also proposed to make conforming technical edits to other subsections in 338.2 to reflect the re-ordering of definitions.
3. Section 338.3Nondiscriminatory Advertising Section 338.3 provides certain requirements with respect to dwellingrelated advertisements to reflect the banks nondiscrimination lending practice and prohibits such advertisements from including words, symbols, models, or other forms of communication which express, imply, or suggest a discriminatory preference or policy of exclusion in violation of the provisions of the FHA or ECOA. To reflect that 338.3 applies to all institutions for which the FDIC is the appropriate Federal banking agency, the FDIC proposed to amend 338.3 to
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change references to bank to refer to FDIC-supervised institution.
4. Section 338.4Fair Housing Poster Section 338.4a requires insured State nonmember banks engaged in extending dwelling-related loans to conspicuously display either an Equal Housing Lender poster or an Equal Housing Opportunity poster in a central location within the bank where deposits are received or where such loans are made in a manner clearly visible to the general public entering the area, where the poster is displayed.
This requirement is substantially similar to the requirement in 390.146 for State savings associations to display an Equal Housing Lender poster, which the FDIC
proposed to rescind and remove. To reflect that 338.4a applies to all institutions for which the FDIC is the appropriate Federal banking agency, the FDIC proposed to amend 338.4a to change references to insured State nonmember banks to refer to FDICsupervised institutions.
Section 338.4b sets forth the required text of the FDICs Equal Housing Lender poster, including the former mailing address of the FDICs Consumer Response Center CRC, formatted as a Portable Document Format PDF image. When the CRC
mailing address changed in 2011, the FDIC made available to FDIC-supervised institutions an Equal Housing Lender poster with the correct address of the CRC, both in English and in Spanish.11
However, because the CRC mailing address may change in the future, the FDIC proposed to amend 338.4b to reflect that the mailing address stated on the Equal Housing Lender poster should be the address for the CRC stated on the FDICs website at www.fdic.gov.12
Furthermore, the FDIC proposed to set forth the required text of the Equal Housing Lender poster in 338.4b as a text statement rather than as a PDF
image.
To assist FDIC-supervised institutions, the FDIC expects to continue to provide them with access to a poster stating the required text, including the accurate CRC mailing 11 The poster is available to both insured State nonmember banks and State savings associations.
Moreover, the current CRC mailing address is correctly stated in FDIC regulations applicable to State savings associations. 12 CFR 390.146.
12 Currently, the mailing address for the Consumer Response Center 1100 Walnut St., Box 11 Kansas City, MO 64106 is provided at https
www.fdic.gov/consumers/assistance/
filecomplaint.html. Since May 31, 2012, Regulation B has required the use of that address in adverse action notices, as applicable. See Board of Governors of the Federal Reserve System, Final Rule, Equal Credit Opportunity, 76 FR 31451 Jun.
1, 2011.

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