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Other Depository Institutions

Federal Deposit Insurance Corporation Regional Director for the region in which the institution is located.

APPENDIX B-STATE EXEMPTIONS

(a) Application. Any state, state-chartered depository institution, or association of such depository institutions may apply to the Board pursuant to this appendix and the Board's Rules of Procedure (12 CFR 262) for an exemption under § 203.3(b). Such an exemption requires a determination that a state-chartered depository institution is subject to state law requirements 2 substantially similar to those imposed by this regulation, and that there is adequate provision for enforcement of those requirements.

(b) Supporting documents. The application, which may be made by letter, shall include:

(1) A copy of the full text of the relevant state law, including provisions for enforcement;

(2) A statement of reasons why the state requirements are substantially similar to those imposed by the act and this regulation, including an explanation why any differences are not significant; and

(3) An undertaking to inform the Board within 30 days of the occurrence of any change in the relevant state law.

(c) Public notice of filing. The Board will publish in the FEDERAL REGISTER notice of the filing of an application that complies with the above requirements. A copy of the application will be made available for examination during business hours at the Board and at the Federal Reserve Bank of each Federal Reserve District in which the applicant is situated. The Board will provide a period of time for interested persons to submit written comments. For multiple applications concerning the same state law, the Board may (1) consolidate the notice of receipt of all such applications in one FEDERAL REGISTER notice, and (2) dispense with

"State" includes any subdivision of a state.

2"State law" includes any regulations which implement the law, any official interpretations of the law, and regulations of a state agency or department that has jurisdiction over a class(es) of depository institutions.

Title 12-Banks and Banking

publication of notice of applications subse quently received.

(d) Grant of exemption. If the Board determines that some or all state-chartered depository institutions are subject to requirements substantially similar to those imnposed by this regulation, and that there is adequate provision for enforcement, the Board will exempt such institution(s) from the requirements of this regulation (except as specified in section 203.3(b) by publishing notice of the exemption in the FEDERAL REGISTER. The Board also will furnish a copy of the notice to the applicant, to each state authority responsible for administrative enforcement of the state law, to the regula tory authorities specified in section 305(b) of the act, and to each participant in the proceeding.

(e) Subsequent amendments; revocation of exemption. (1) The Board will inform the appropriate state official of any subsequent amendments to this regulation (including published interpretations of the Board) that might require amendment of the state law. The Board may require reapplication for an exemption.

(2) The Board reserves the right to revoke an exemption if at any time it determines that state law does not in fact impose requirements substantially similar to those imposed by this regulation, or that there is not in fact adequate provision for enforcement.

(3) The Board will publish notice of its intent to revoke an exemption in the FEDERAL REGISTER and will send the notice to the appropriate state official. The Board will allow time after publication for interested persons to submit written comments.

(4) If an exemption is revoked, the Board will publish notice of the revocation in the FEDERAL REGISTER and will send a copy of the notice to the appropriate state official and to the regulatory authorities specified in section 305(b) of the act.

(5) The Board may dispense with the procedures set forth in this section in any case in which it finds such procedures unneces

sary.

APPENDIX C-MORTGAGE LOAN DISCLOSURE STATEMENT (HMDA-1) APPENDIX C

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The institution should indicate on the statement whether
it has used 1970 or 1980 census tracts. An institution us-
ing 1970 census tracts for a given SMSA must use them
for the entire calendar year, even if the PHC80-2 maps for
that SMSA become available during the year.)

4. If the property to which the loan relates is located outside
SMSAs in which the reporting institution has a home or
branch office, or outside any SMSA, the loan data should
be listed as an aggregate sum in Section 2 of the form; no
geographic itemization is necessary.

5. Institutions that have a home or branch office in the New
York City/New Jersey SMSA should note that there are
duplicate census tract numbers in New York City. There
may also be duplicate numbers in other SMSAS. When
reporting loan data relating to property in these SMSAs,
the institutions must indicate the county name in addition
to the tract number.

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FHA, FmHA, and VA loans on 1-to-4 family dwellings. This category includes loans that are secured by liens (both first and junior liens) and that are made for the purpose of purchasing residential real property and that have FHA, FmHA, and VA insurance or guarantee. It includes refinancings (but see Item 2 under DATA TO BE EXCLUDED). It may include, at an Institution's option, first lien loans for home improvement purposes if the institution normally classifies first lien loans as purchase loans. It does not Include FHA Title I loans, which are to be entered in column C.

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5. Column E:

Non-occupant loans on 1-to-4 family dwellings. This is an
addendum category for reporting those home purchase
and home Improvement loans on 1-to-4 family dwellings
(recorded in columns A, B, and C) that were made to a
borrower who did not, at the time of the loan application,
Intend to use the property as a principal dwelling. A
depository institution may assume, unless its records con-
tain information to the contrary, that a loan it purchases
does not fall within this category.

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Census tract series used:

1970 series

1980 series

SMSA (location of property).

SECTION 1-LOANS ON PROPERTY LOCATED WITHIN THOSE SMSAS IN WHICH INSTITUTION HAS HOME OR BRANCH OFFICES Loans on 1 to 4 family dwellings

SECTION 2-LOANS ON ALL PROPERTY LOCATED ELSEWHERE

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PART B-PURCHASES

SECTION 1-DATA FOR PROPERTY LOCATED WITHIN THOSE SMSAS IN WHICH INSTITUTION HAS HOME OR BRANCH OFFICES

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[47 FR 751, Jan. 7, 1982]

SECTION 2-LOANS ON ALL PROPERTY LOCATED ELSEWHERE

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