Recordkeeping and Disclosure Requirements in Connection with Regulation B (Equal Credit Opportunity)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
SPST-0085 Reg B 2024 Extension FINAL.docx	Supporting Statement A	Uploaded 2024-01-25	Repair queued
FR2 0085 - ECOA Reg B 89 FR 3923 January 22, 2024.pdf	Supplementary Document	Uploaded 2024-01-22	Repair queued
FR1 0085 - ECOA Reg B 88 FR 78359 November 15 2023.pdf	Supplementary Document	Uploaded 2024-01-12	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
264585	Website Disclosure of Small Business Lending Data (1002.110(c )&(d))		New
264584	"Firewall" Exception Notification (1002.108) (Implementation)		New
264583	"Firewall" Exception Notification (1002.108)		New
264582	Notice of Nondiscrimination to Applicants (1002.107) (Implementation)		New
264580	Notice of Nondiscrimination to Applicants (1002.107)		New
264579	. Reporting Small Business Lending Data to CFPB (1002.109) (Implementation)		New
264578	. Reporting Small Business Lending Data to CFPB (1002.109)		New
264577	Record Retention of Small Business Lending Data (1002.111)		New
264576	Initial Implementation of System for Recordkeeping of Credit Applications from Small Businesses		New
264575	Recordkeeping of Credit Applications from Small Businesses (1002.107(a))		New
228381	Record Retention (Self-Testing) (1002.12(b)(6))		Modified
228380	Record Retention (Applications, Actions, Pre-Screened Solicitations) (1002.12)		Modified
228378	Notice of Right to Appraisal (1002.14(a)(2))		Modified
228376	Appraisal Report (1002.14(a)(1))		Modified
228374	Notification of Action		Modified
228373	Disclosure for Optional Self-Test (1002.5)		Modified
228372	Demographic Information Collected for Monitoring Purposes (1002.13 (a) & (b))		Modified
228371	Credit Reporting History (1002.10)		Modified

ICR Details

OMB Control No: 3064-0085	ICR Reference No: 202310-3064-003
Status: Active	Previous ICR Reference No: 202009-3064-003
Agency/Subagency: FDIC	Agency Tracking No:
Title: Recordkeeping and Disclosure Requirements in Connection with Regulation B (Equal Credit Opportunity)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/01/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/25/2024
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2027	36 Months From Approved	03/31/2024
Responses	20,327,742	0	18,228,381
Time Burden (Hours)	1,725,802	0	449,135
Cost Burden (Dollars)	0	0	0

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Abstract: The requirements for this collection are contained in Regulation B – Equal Credit Opportunity, 12 C.F.R. Part 1202, issued by the Consumer Financial Protection Bureau (“CFPB”) pursuant to title VII (Equal Credit Opportunity Act) of the Consumer Credit Protection Act, as amended (15 U.S.C. 1601 et seq.). Section 1691(c) of the Equal Credit Opportunity Act (ECOA) designates the FDIC as having enforcement responsibilities in the case of state nonmember banks and state savings associations. ECOA and Regulation B prohibit discrimination in any aspect of a credit transaction because of race, color, religion, national origin, sex, martial status, age, receipt of public assistance, or having exercised a right under the Consumer Credit Protection Act. To aid in implementation of this prohibition, the statute and regulation also subject creditors to various mandatory disclosure requirements, notification provisions, credit history reporting, monitoring rules, and record keeping requirements. These requirements are triggered by specific events and disclosures must be provided within the time periods established by ECOA and the regulation.

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Authorizing Statute(s): US Code: 15 USC 1691(b) and (c) Name of Law: Equal Credit Opportunity Act
  

Citations for New Statutory Requirements: US Code: 15 USC 1691(b) and (c) Name of Law: Equal Credit Opportunity Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 78359	11/15/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 3923	01/22/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

table that charts list of burden

IC Title	Form No.	Form Name
"Firewall" Exception Notification (1002.108)
"Firewall" Exception Notification (1002.108) (Implementation)
. Reporting Small Business Lending Data to CFPB (1002.109)
. Reporting Small Business Lending Data to CFPB (1002.109) (Implementation)
Appraisal Report (1002.14(a)(1))
Credit Reporting History (1002.10)
Demographic Information Collected for Monitoring Purposes (1002.13 (a) & (b))
Disclosure for Optional Self-Test (1002.5)
Initial Implementation of System for Recordkeeping of Credit Applications from Small Businesses
Notice of Nondiscrimination to Applicants (1002.107)
Notice of Nondiscrimination to Applicants (1002.107) (Implementation)
Notice of Right to Appraisal (1002.14(a)(2))
Notification of Action
Record Retention (Applications, Actions, Pre-Screened Solicitations) (1002.12)
Record Retention (Self-Testing) (1002.12(b)(6))
Record Retention of Small Business Lending Data (1002.111)
Recordkeeping of Credit Applications from Small Businesses (1002.107(a))
Website Disclosure of Small Business Lending Data (1002.110(c )&(d))

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	20,327,742	18,228,381	5,132,996	0	-3,033,635	0
Annual Time Burden (Hours)	1,725,802	449,135	1,076,280	0	200,387	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Yes

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/25/2024

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