[Federal Register: December 18, 1997 (Volume 62, Number 243)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
FEDERAL RESERVE SYSTEM
12 CFR Part 203
[Regulation C; Docket No. R-0993]
Home Mortgage Disclosure
AGENCY: Board of Governors of the Federal Reserve System.
AGENCY: Final rule; staff commentary.
SUMMARY: The Board is publishing revisions to its staff commentary that
interprets the requirements of Regulation C (Home Mortgage Disclosure).
The Board is required to adjust annually the asset-size exemption
threshold for depository institutions based on the annual percentage
change in the Consumer Price Index for Urban Wage Earners and Clerical
Workers. The adjustment reflects changes for the twelve-month period
ending in November. In 1998, depository institutions with assets
totaling $29 million or less are not required to collect data.
DATES: Effective date. This rule is effective January 1, 1998.
Applicability date. This rule applies to all data collection in
FOR FURTHER INFORMATION CONTACT: Pamela C. Morris, Staff Attorney,
Division of Consumer and Community Affairs, at (202) 452-3667; for
users of Telecommunications Device for the Deaf (TDD) only, contact
Diane Jenkins at (202) 452-3544.
The Home Mortgage Disclosure Act (HMDA; 12 U.S.C. 2801 et seq.)
requires most mortgage lenders located in metropolitan statistical
areas to collect data about their housing-related lending activity.
Annually, lenders must file reports with their federal supervisory
agencies and make disclosures available to the public. The Board's
Regulation C (12 CFR part 203) implements HMDA. Provisions of the
Economic Growth and Regulatory Paperwork Reduction Act of 1996 (Pub. L.
104-208, 110 Stat. 3009) amended HMDA to modify the exemption threshold
for small depository institutions. Until 1997, HMDA exempted depository
institutions with assets of $10 million or
less, as of the preceding year end. The statutory amendment increased
the asset-size exemption threshold by requiring a one-time adjustment
of the $10 million figure based on the percentage by which the Consumer
Price Index for Urban Wage Earners and Clerical Workers (CPIW) for 1996
exceeded the CPIW for 1975, and annual adjustments thereafter based on
the annual percentage increase in the CPIW. The one-time adjustment
increased the exemption threshold to $28 million for 1997 data
To implement the statutory amendment, the Board published an
interim rule in January 1997. (62 FR 3603, Jan. 24, 1997). The interim
rule was made final in May. (62 FR 28620, May 27, 1997; correction at
62 FR 62339, June 19, 1997). Section 203.3(a)(1)(ii) provides that the
Board will adjust the threshold based on the year-to-year change in the
average of the CPIW, not seasonally adjusted, for each twelve-month
period ending in November, rounded to the nearest million. During the
period ending in November 1997, the Consumer Price Index for Urban Wage
Earners and Clerical Workers increased by 2.4%. As a result, the new
threshold is $29 million. Thus, depository institutions with assets of
$29 million or less as of December 31, 1997 are exempt from data
collection in 1998. An institution's exemption from collecting data in
1998 does not affect its responsibility to report the 1997 data if it
was required to collect it.
The Board is adopting this amendment to the staff commentary to
implement the annual change in the exemption threshold. The
Administrative Procedure Act provides that notice and opportunity for
public comment are not required if an agency finds that notice and
public comment are unnecessary or would be contrary to the public
interest. 5 U.S.C. 553(b)(B). Regulation C establishes a formula
(adopted by the Board after notice and comment) for determining the
annual adjustment, if any, to the exemption threshold. The Board's
amendment to the staff commentary, which merely applies the formula, is
technical and not subject to interpretation. For these reasons, the
Board has determined that publishing a notice of proposed rulemaking
for public comment for the following amendment is unnecessary.
Therefore, the Board has adopted this amendment, establishing a new
threshold, in final form. This rule is effective as of January 1, 1998,
so that institutions that are no longer covered can avoid collecting
II. Section Analysis
Section 203.3--Exempt Institutions
Comments 3(a)-2 and 3(a)-3 have been redesignated as comments 3(a)-
3 and 3(a)-4, respectively, and a new comment 3(a)-2 has been added to
specify the exemption threshold, which is adjusted annually each
December. Depository institutions with assets that are at or below the
threshold as of December 31, 1997, need not collect the HMDA data for
List of Subjects in 12 CFR Part 203
Banks, banking, Consumer protection, Federal Reserve System,
Mortgages, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Board amends 12 CFR
part 203 as follows:
PART 203--HOME MORTGAGE DISCLOSURE (REGULATION C)
1. The authority citation for Part 203 continues to read as
Authority: 12 U.S.C. 2801-2810.
2. In Supplement I to part 203, under Section 203.3--Exempt
Institutions, under 3(a) Exemption based on location, asset size, or
number of home-purchase loans, paragraphs 2 and 3 are redesignated as
paragraphs 3 and 4, respectively; and a new paragraph 2 is added to
read as follows:
Supplement I to Part 203--Staff Commentary
* * * * *
Section 203.3--Exempt Institutions
3(a) Exemption based on location, asset size, or number of home-
* * * * *
2. Adjustment of exemption threshold for depository
institutions. For data collection in 1998, the asset-size exemption
threshold is $29 million. Depository institutions with assets at or
below $29 million are exempt from collecting data for 1998.
* * * * *
By order of the Board of Governors of the Federal Reserve
System, December 12, 1997.
William W. Wiles,
Secretary of the Board.
[FR Doc. 97-33036 Filed 12-17-97; 8:45 am]
BILLING CODE 6210-01-P