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January 13, 2022 Newswires
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Agency Information Collection Activities: Proposed Collection Renewal; Comment Request

Federal Register

Notice and request for comment.

Citation: "87 FR 2155"

Document Number: "OMB No. 3064-0145; -0161; -0171"

Page Number: "2155"

"Notices"

Agency: "Federal Deposit Insurance Corporation (FDIC)."

SUMMARY: 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. 3064-0145; -0161 and -0171).

   DATES: Comments must be submitted on or before March 14, 2022.

   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/index.html.

* 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: Notice Regarding Unauthorized Access to Customer Information.

OMB Number: 3064-0145.

Form Numbers: None.

Affected Public: Insured state nonmember banks.

Burden Estimate:

Summary of Estimated Annual Burden                                                                                                                                                                      

Information collection           Type of burden                   Frequency of                     Number of                        Hours per                        Annual burden                    
description                      (obligation to respond)          response                         respondents                      response                         (hours)                          
Implementation (One Time)                                                                                                                                                                            

Develop Policies and Procedures  Recordkeeping (Required)         1                                10                               24                               240                              
for Response Program                                                                                                                                                                                  
Ongoing                                                                                                                                                                                              

Notice Regarding Unauthorized    Third Party Disclosure           On occasion                      315                              36                               11,340                           
Access to Customer Information   (Required)                                                                                                                                                           
Total Annual Burden (Hours)      11,580                                                                                                                                                               

Source: FDIC.

General Description of Collection: The Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice describes the federal banking agencies' expectations regarding a response program, including customer notification procedures, that a financial institution should develop and apply under the circumstances described in the Guidance to address unauthorized access to or use of customer information that could result in substantial harm or inconvenience to a customer. The Guidance advises financial institutions when and how they might: (1) Develop notices to customers; (2) in certain circumstances defined in the Guidance, determine which customers should receive the notices; and (3) send the notices to customers.

There is no change in the methodology or substance of this information collection. The increase in total estimated annual burden from 11,340 hours in 2019 to 11,580 hours currently is due to economic factors as reflected in the increase in estimated number of respondents.

2. Title: Furnisher Information Accuracy and Integrity (FACTA 312).

OMB Number: 3064-0161.

Form Number: None.

Affected Public: State nonmember banks.

Burden Estimate:

Summary of Estimated Annual Burden                                                                                                                                                                      

Information collection           Type of burden                   Number of                        Number of                        Hours per                        Annual burden                    
description                      (obligation to respond)          responses                        respondents                      response                         (hours)                          
Procedures to Enhance the        Recordkeeping (Required)         1                                3,140                            40                               125,600                          
Accuracy and Integrity of                                                                                                                                                                             
Information furnished to                                                                                                                                                                              
Consumer Reporting Agencies                                                                                                                                                                           
under Section 312 of the Fair                                                                                                                                                                         
and Accurate Credit Transaction                                                                                                                                                                       
Act                                                                                                                                                                                                   
Distribution of Notices in       Third Party Disclosure           46                               3,140                            0.23                             33,221                           
Response to Direct Disputes      (Required)                                                                                                                                                           
Total Annual Burden (Hours)      158,821                                                                                                                                                              

General Description of Collection: Sec. 312 of the Fair and Accurate Credit Transaction Act of 2003 (FACT Act) requires the FDIC to: Issue guidelines for furnishers regarding the accuracy and integrity of the information about consumers furnished to consumer reporting agencies; prescribe regulations requiring furnishers to establish reasonable policies/procedures to implement the guidelines; and issue regulations identifying the circumstances where a furnisher must reinvestigate a dispute about the accuracy of information in a consumer report based on a direct request from a consumer.

There is no change in the method or substance of the collection. The overall increase in burden hours is the result of economic fluctuation. In particular, the number of respondents has increased while the hours per response and frequency of responses have remained the same.

3. Title: Registration of Mortgage Loan Originators.

OMB Number: 3064-0171.

Form Number: None.

Affected Public: FDIC Supervised Institutions and Employee Mortgage Loan Originators.

Burden Estimate:

Summary of Estimated Annual Burden                                                                                                                                                                      

Information collection      Type of                     Frequency of                Estimated                   Estimated                   Estimated                   Estimated                   
description                 burden                      response                    number of                   number of                   time per                    annual burden               
                                                                                    respondents                 responses per               response                    (hours)                     
                                                                                                                respondent                  (hours)                     
Financial Institution       Recordkeeping               One-Time                    7                           1                           20                          140                         
Policies and Procedures for                                                                                                                                                                         
Ensuring Employee-Mortgage                                                                                                                                                                          
Loan Originator Compliance                                                                                                                                                                          
With S.A.F.E. Act                                                                                                                                                                                   
Requirements-New Entrant                                                                                                                                                                          
Financial Institution       Recordkeeping               Annual                      3,091                       1                           1                           3,091                       
Policies and Procedures for                                                                                                                                                                         
Ensuring Employee-Mortgage                                                                                                                                                                          
Loan Originator Compliance                                                                                                                                                                          
With S.A.F.E. Act                                                                                                                                                                                   
Requirements-Ongoing                                                                                                                                                                              
Financial Institution       Recordkeeping               One-Time                    7                           1                           60                          420                         
Procedures to Track and                                                                                                                                                                             
Monitor Compliance with                                                                                                                                                                             
S.A.F.E. Act                                                                                                                                                                                        
Compliance-New Entrant                                                                                                                                                                            
Financial Institution       Recordkeeping               Annual                      3,091                       1                           1                           3,091                       
Procedures to Track and                                                                                                                                                                             
Monitor Compliance with                                                                                                                                                                             
S.A.F.E. Act                                                                                                                                                                                        
Compliance-Ongoing                                                                                                                                                                                
Financial Institution       Recordkeeping               One-Time                    7                           1                           20                          140                         
Procedures for the                                                                                                                                                                                  
Collection and Maintenance                                                                                                                                                                          
of Employee Mortgage Loan                                                                                                                                                                           
Originator's Criminal                                                                                                                                                                               
History Background                                                                                                                                                                                  
Reports-New Entrant                                                                                                                                                                               
Financial Institution       Recordkeeping               Annual                      3,091                       1                           1                           3,091                       
Procedures for the                                                                                                                                                                                  
Collection and Maintenance                                                                                                                                                                          
of Employee Mortgage Loan                                                                                                                                                                           
Originator's Criminal                                                                                                                                                                               
History Background                                                                                                                                                                                  
Reports-Ongoing                                                                                                                                                                                   
Financial Institution       Third Party Disclosure      One-Time                    7                           1                           25                          175                         
Procedures for Public                                                                                                                                                                               
Disclosure of Mortgage Loan                                                                                                                                                                         
Originator's Unique                                                                                                                                                                                 
Identifier-New Entrant                                                                                                                                                                            
Financial Institution       Third Party Disclosure      Annual                      3,091                       1                           1                           3,091                       
Procedures for Public                                                                                                                                                                               
Disclosure of Mortgage Loan                                                                                                                                                                         
Originator's Unique                                                                                                                                                                                 
Identifier-Ongoing                                                                                                                                                                                
Financial Institution       Reporting                   On Occasion                 3,098                       1                           1                           3,098                       
Information Reporting to                                                                                                                                                                            
Registry                                                                                                                                                                                            
Mortgage Loan Originator    Reporting                   One-Time                    5,257                       1                           .25                         1,314                       
Initial Registration                                                                                                                                                                                
Reporting and Authorization                                                                                                                                                                         
Requirements                                                                                                                                                                                        
Mortgage Loan Originator    Reporting                   On Occasion                 40,015                      1                           .25                         10,004                      
Registration Updates Upon                                                                                                                                                                           
Change in Circumstances                                                                                                                                                                             
Financial Institution       Recordkeeping               On Occasion                 3,098                       1                           4                           12,392                      
Procedures for the                                                                                                                                                                                  
Collection of Employee                                                                                                                                                                              
Mortgage Loan Originator's                                                                                                                                                                          
Fingerprints                                                                                                                                                                                        
Mortgage Loan Originator    Third Party Disclosure      On Occasion                 45,272                      1                           1                           45,272                      
Procedures for Disclosure                                                                                                                                                                           
to Consumers of Unique                                                                                                                                                                              
Identifier                                                                                                                                                                                          
Mortgage Loan Originator    Reporting                   On Occasion                 40,015                      1                           .25                         10,004                      
Annual Renewal Registration                                                                                                                                                                         
Reporting and Authorization                                                                                                                                                                         
Requirements                                                                                                                                                                                        
Total Annual Burden         95,323                                                                                                                                                                  

General Description of Collection: This information collection implements the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act) requirement that employees of Federally-regulated institutions who engage in the business of a mortgage loan originator to register with the Nationwide Mortgage Licensing System and Registry and establishes national licensing and registration requirements. It also directs Federally-regulated institutions to have written policies and procedures in place to ensure that their employees who perform mortgage loan originations comply with the registration and other SAFE Act requirements.

There is no change in the method or substance of the collection. The overall decrease in burden hours is the result of economic fluctuation. In particular, the number of respondents and time per response have decreased while the frequency of responses have remained the same.

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 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 January 10, 2022.

James P. Sheesley,

Assistant Executive Secretary.

[FR Doc. 2022-00574 Filed 1-12-22; 8:45 am]

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