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Federal Register / Vol. 71, No.

87 / Friday, May 5, 2006 / Notices 26513

FEDERAL RESERVE SYSTEM President) 925 Grand Avenue, Kansas 2. Philadelphia—The Federal Reserve
City, Missouri 64198-0001: Bank of Philadelphia, 10 Independence
Formations of, Acquisitions by, and 1. Baltz Family Partnership, Parker, Mall, Philadelphia, PA 19106.
Mergers of Bank Holding Companies Colorado; to become a bank holding 3. San Francisco—The Federal
The companies listed in this notice company by retaining 100 percent of the Reserve Bank of San Francisco, 101
have applied to the Board for approval, voting shares of United Banks of Market Street, San Francisco, CA 94105.
pursuant to the Bank Holding Company Colorado, Inc., Englewood, Colorado, 4. Atlanta—The Federal Reserve Bank
Act of 1956 (12 U.S.C. 1841 et seq.) and First United Bank, National of Atlanta, 1000 Peachtree Street, NE.,
(BHC Act), Regulation Y (12 CFR part Association, Englewood, Colorado. Atlanta, GA 30309.
225), and all other applicable statutes Board of Governors of the Federal Reserve You may submit comments, identified
and regulations to become a bank System, May 2, 2006. by Docket No. OP–1253, by any of the
holding company and/or to acquire the Robert deV. Frierson, following methods:
assets or the ownership of, control of, or Deputy Secretary of the Board. • Agency Web site: http://
the power to vote shares of a bank or [FR Doc. E6–6837 Filed 5–4–06; 8:45 am] www.federalreserve.gov. Follow the
bank holding company and all of the BILLING CODE 6210–01–S instructions for submitting comments at
banks and nonbanking companies http://www.federalreserve.gov/
owned by the bank holding company, generalinfo/foia/ProposedRegs.cfm.
including the companies listed below. FEDERAL RESERVE SYSTEM • Federal eRulemaking Portal: http://
The applications listed below, as well www.regulations.gov. Follow the
as other related filings required by the [Docket No. OP–1253]
instructions for submitting comments.
Board, are available for immediate Home Equity Lending Market; Notice of
inspection at the Federal Reserve Bank • E-mail:
Public Hearings regs.comments@federalreserve.gov.
indicated. The application also will be
available for inspection at the offices of Include the docket number in the
AGENCY: Board of Governors of the
the Board of Governors. Interested subject line of the message.
Federal Reserve System.
persons may express their views in • Fax: (202) 452–3819 or (202) 452–
ACTION: Public hearings; request for
writing on the standards enumerated in 3102.
comment.
the BHC Act (12 U.S.C. 1842(c)). If the • Mail: Address to Jennifer J. Johnson,
proposal also involves the acquisition of SUMMARY: Section 158 of the Home Secretary, Board of Governors of the
a nonbanking company, the review also Ownership and Equity Protection Act of Federal Reserve System, 20th Street and
includes whether the acquisition of the 1994 (HOEPA) 1 directs the Board to Constitution Avenue, NW., Washington,
nonbanking company complies with the hold public hearings periodically on the DC 20551.
standards in section 4 of the BHC Act home equity lending market and the All public comments will be made
(12 U.S.C. 1843). Unless otherwise adequacy of existing regulatory and available on the Board’s Web site at
noted, nonbanking activities will be legislative provisions (including http://www.federalreserve.gov/
conducted throughout the United States. HOEPA) in protecting the interests of generalinfo/foia/ProposedRegs.cfm as
Additional information on all bank consumers. Consequently, the Board submitted, unless modified for technical
holding companies may be obtained will hold hearings on the home equity reasons. Accordingly, comments will
from the National Information Center lending market and invites the public to not be edited to remove any identifying
Web site at http://www.ffiec.gov/nic/. attend and to comment on the issues or contact information. Public
Unless otherwise noted, comments that will be the focus of the hearings. comments may also be viewed
regarding each of these applications Additional information about the electronically or in paper in Room MP–
must be received at the Reserve Bank hearings will be posted to the Board’s 500 of the Board’s Martin Building (20th
indicated or the offices of the Board of Web site at http:// and C Streets, NW.) between 9 a.m. and
Governors not later than June 1, 2006. www.federalreserve.gov. 5 p.m. on weekdays.
A. Federal Reserve Bank of Boston DATES: The dates of the hearings are: FOR FURTHER INFORMATION CONTACT:
(Richard Walker, Community Affairs
1. June 7, 2006, 8:30 a.m. to 4 p.m., Kathleen C. Ryan, Counsel, Minh-Duc T.
Officer) P.O. Box 55882, Boston,
Chicago, IL. Le, Senior Attorney, or Ellen A. Merry,
Massachusetts 02106–2204:
1. Braintree Bancorp, MHC, Braintree, 2. June 9, 2006, 8:30 a.m. to 4 p.m., Economist, Division of Consumer and
Massachusetts; to become a bank Philadelphia, PA. Community Affairs, Board of Governors
holding company by acquiring 100 3. June 16, 2006, 8:30 a.m. to 4 p.m., of the Federal Reserve System,
percent of the voting shares of Braintree San Francisco, CA. Washington, DC 20551, at (202) 452–
Co–Operative Bank, Braintree, 4. July 11, 2006, 8:30 a.m. to 4 p.m., 2412 or (202) 452–3667. For users of
Massachusetts. Atlanta, GA. Telecommunications Device for the Deaf
B. Federal Reserve Bank of Atlanta Comments. Comments from persons (TDD) only, contact (202) 263–4869.
(Andre Anderson, Vice President) 1000 unable to attend the hearings or SUPPLEMENTARY INFORMATION:
Peachtree Street, NE., Atlanta, Georgia otherwise wishing to submit written
views on the issues raised in this notice I. Background
30309:
1. RockBridge Financial Holdings, must be received by August 15, 2006. In 1994, Congress enacted the Home
Inc., Atlanta, Georgia; to become a bank ADDRESSES: The locations of the Ownership and Equity Protection Act
holding company by acquiring 100 hearings are: (HOEPA) as an amendment to the Truth
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percent of the voting shares of 1. Chicago—The Federal Reserve in Lending Act (TILA), in response to
RockBridge Commercial Bank, Atlanta, Bank of Chicago, 230 South LaSalle testimony before Congress of predatory
Georgia (in organization). Street, Chicago, IL 60604. home equity lending practices in
C. Federal Reserve Bank of Kansas underserved markets, where some
City (Donna J. Ward, Assistant Vice 1 Pub. L. 103–325, 108 Stat. 2160. lenders were making high-rate, high-fee

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26514 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices

home equity loans to cash-poor particular, the Board anticipates that the consumers from abusive lending, while
homeowners. HOEPA identifies a class hearings will provide information that lenders, mortgage brokers, and investors
of high-cost mortgage loans through would help in its review of the rules have expressed concerns that these laws
criteria keyed to the loans’ rates and fees governing home mortgage loans under have adversely affected consumers’
and requires creditors to provide Regulation Z. Third, the hearings may access to legitimate subprime loans.
enhanced disclosures of, and to comply help identify matters for which the Available research is not definitive
with substantive restrictions on, the Board or other entities can develop regarding whether these laws have been
terms of those loans. Section 158 of educational materials to help consumers effective in eliminating abusive
HOEPA also directs the Board to hold make informed choices about mortgage practices and whether they have
public hearings periodically on the loans. Fourth, the Board anticipates that reduced the availability of legitimate
home equity lending market and the the hearings may help identify matters high-cost credit.
adequacy of existing regulatory and for which additional research about the
The Board invites comment on the
legislative provisions for protecting the mortgage lending market would be
following questions related to HOEPA
interests of consumers, particularly low beneficial.
income consumers. and predatory lending practices:
The Board last held hearings under III. Hearing Topics 1. Have the revisions to the HOEPA
HOEPA in 2000, at a time when The Board consulted with its regulations (12 CFR 226.32 et seq.) been
heightened concerns were being Consumer Advisory Council (CAC), effective in curtailing predatory lending
expressed about predatory lending. The lenders and their trade associations, practices? What has been the impact of
2000 hearings focused on the Board’s consumer advocacy groups, secondary these changes on the availability of
ability to use its regulatory authority market participants, and other federal subprime credit? Have other abusive
under HOEPA to address abusive agencies to identify issues the Board practices emerged since the 2002
lending practices. Following those might address at the hearings. The revisions? If so, what are they?
hearings and the receipt of public following three topics will be discussed
2. What has been the impact of state
comment, the Board amended the at the hearings.
and local anti-predatory lending laws on
provisions of Regulation Z that Topic 1: Predatory Lending: The Impact curbing abusive practices? Have these
implement HOEPA. The revisions took of HOEPA Rules and State and Local laws adversely affected consumers’
effect in October 2002. Predatory Lending Laws access to legitimate subprime lending?
II. Information About and Goals of the For loans covered by HOEPA, Have certain provisions been
Hearings creditors must provide enhanced particularly effective, or particularly
The 2006 hearings are open to the disclosures to consumers three days likely to negatively affect credit
public to attend. Seating will be limited, before consummation of the transaction, availability?
however. Further information about the in addition to the disclosures required 3. Since the 2002 revisions to HOEPA,
hearings, as it becomes available, will be by TILA for all home mortgage loans. what efforts to educate consumers about
posted on the Board’s Web site at http:// HOEPA also prohibits lenders from predatory lending have been successful?
www.federalreserve.gov. including certain terms in their loan What is needed to help such efforts
The Board will invite persons to agreements with borrowers and bars succeed?
participate in panel discussions on the certain acts or practices in connection 4. Should the existing HOEPA
topics discussed below. In addition to with HOEPA-covered loans. disclosures in Regulation Z be changed
the panel discussions, the Board intends One of the goals of the hearings is to to improve consumers’ understanding of
to reserve about one hour at the end of help the Board assess the impact of the high-cost loan products? If so, in what
each hearing to permit interested parties HOEPA rules on improving consumers’ way?
other than those on the panels to make understanding of their mortgage loan
brief statements. To allow as many terms, and on curbing abusive practices, Topic 2: Nontraditional Mortgage
persons as possible to offer their views while preserving access to subprime Products and Reverse Mortgages Interest
during this period, oral statements will credit. The Board is also interested in Only Loans and Payment Option
be limited to five minutes or less; gathering information about any new Adjustable Rate Mortgages
written statements of any length may be practices that have developed since the
submitted for the record. Interested 2000 hearings that may be abusive, and In recent years, rising home prices
parties who wish to participate during other practices in the subprime market and marketing activities have led to
this ‘‘open-mike’’ period may contact that continue to raise concerns, such as growing consumer demand for mortgage
the Board in advance of the hearing date the amount and prevalence of products designed to minimize initial
at the telephone numbers provided in prepayment penalties, as well as monthly mortgage payments. As a
this notice, to facilitate planning for this whether creditors make loans with result, nontraditional mortgage products
portion of the hearings. appropriate evaluation of each have become more prevalent in the
The Board’s hearings will examine borrower’s repayment ability. market, including interest-only
developments in the home equity In addition, the Board wishes to mortgage loans, for which a borrower
lending market, with a focus on four gather information about how state and pays no principal for the first few years
objectives. First, the Board wishes to local laws that address predatory of the loan, and ‘‘payment option’’
gather views on the effectiveness of the lending have affected abusive lending adjustable rate mortgages, for which a
2002 revisions to the HOEPA rules in practices and access to credit. Since the borrower has flexible payment options,
protecting consumers and on the rules’ 2000 hearings, numerous state and local including a payment choice that results
impact on the availability of credit in governments have enacted laws to in negative amortization. Some
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the higher-cost portion of the subprime address predatory lending practices, institutions also increasingly combine
market. Second, the Board would like to some of which are modeled on HOEPA, these nontraditional mortgages with
gather information that will assist its but with stricter terms. Consumer other practices, such as making
review of Regulation Z, which advocates generally assert that these simultaneous second-lien mortgages and
implements TILA and HOEPA. In laws are effective in protecting allowing reduced documentation in

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Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices 26515

evaluating an applicant’s understanding of key credit terms and In addition, the variation in prices
creditworthiness.2 costs for these products? paid by some borrowers has led to
Nontraditional mortgage products can Reverse Mortgages. Reverse mortgages concerns that price disparities may
enable a broader segment of consumers have increased in popularity in the last reflect illegal discrimination rather than
to achieve home ownership or access to 5 years. For example, according to the legitimate cost and risk-related factors.
home equity. However, concerns have National Reverse Mortgage Lenders Home loan price data disclosed in 2005
been raised that such loans may expose Association, the number of reverse for the first time under the Home
marginally qualified, highly leveraged mortgages insured by the Department of Mortgage Disclosure Act show that
borrowers to a greater risk of default Housing and Urban Development (HUD) African-American and Hispanic
than other products, such as a (representing 90 percent of reverse borrowers obtain higher-priced
traditional thirty-year, fixed rate mortgages) grew from about 8,000 mortgage loans more frequently than do
mortgage, in the event of widespread or originations in 2001 to about 43,000 white and Asian borrowers, and obtain
regional cooling in housing prices or originations in 2005. Reverse mortgages loans from lenders that specialize in
when rates adjust upward. These allow borrowers to convert equity in higher-priced loans more frequently
products and practices are being offered their homes to a loan, which need not than do other groups.3 These differences
to a wider spectrum of borrowers, be repaid until the borrower dies or sells may reflect legitimate distinctions
including subprime borrowers and the home. among the credit characteristics of
others who may not otherwise qualify Reverse mortgages can have relatively borrowers, or may be the result of other
for more traditional mortgage loans or high up front fees (e.g., for insurance factors. The Board would like to use the
who may not fully understand the risks and origination costs) and are hearings to gather information about
of nontraditional mortgages. complicated transactions. Although borrowers’ knowledge and shopping
Nontraditional mortgage products are Regulation Z requires lenders to provide behavior in the subprime market that
more complex than traditional fixed rate special disclosures for reverse mortgage may stimulate additional research in
products and adjustable rate products transactions (12 CFR 226.33), some this area.
and also can present greater risks of concerns have been raised that The growth of the subprime market
payment shock and negative consumers may not understand the has also raised concerns about
amortization. terms of these products. In the HUD- consumers’ understanding of the role of
While the Board’s Regulation Z insured reverse mortgage program, mortgage brokers. Some consumer
requires creditors to provide disclosures borrowers must receive pre-application advocates have asserted that because
to consumers in connection with counseling from a counselor approved brokers’ fees are based on the amount of
mortgages, including nontraditional by HUD. a loan, brokers may encourage
mortgages, consumer groups and others The Board seeks comments on the consumers to obtain mortgage products
have stated that additional disclosures following questions related to reverse that enable consumers to obtain larger
are needed. mortgages: loans without providing information
1. Are current Regulation Z
The Board seeks public comment on about the risks for those products or
disclosures adequate to inform
the following questions regarding other mortgage products that might
consumers about the costs of reverse
nontraditional mortgage products: better meet the consumer’s needs. The
mortgages and to ensure that they
1. Do consumers have sufficient hearings will be used to gather
understand the terms of the product?
information (from disclosures and from 2. Has counseling (under the HUD information about the role of brokers, to
advertisements) about nontraditional program) been effective in educating assist the Board in identifying new
mortgage products to understand the consumers about reverse mortgages and consumer education strategies, and to
risks (such as payment increases and in preventing abuses from occurring? enable the Board to provide informed
negative amortization) associated with 3. In reverse mortgages that are not consultation with Congress and other
them? insured by HUD, is counseling offered agencies on possible legislative and
2. Should any disclosures required to applicants? Do borrowers of these non-legislative measures that might
under Regulation Z be eliminated or loans have difficulty understanding improve consumer understanding and
modified because they are confusing to their loan terms or encounter other protection in this area.
consumers, unduly burdensome to difficulties? Do these lenders employ The Board solicits comment on the
creditors, or are simply not relevant to alternate disclosure approaches that following questions regarding
nontraditional mortgage products? Do have proven to be effective? consumers in the subprime loan market:
the required disclosures present 1. How do consumers who get higher-
information about nontraditional Topic 3: Informed Consumer Choice in priced loans shop for those loans? How
mortgage products in an understandable the Subprime Market do they select a particular lender?
manner? The growth of the subprime market 2. What do consumers understand
3. Are there some Regulation Z over the last several years has expanded about the role of mortgage brokers in
disclosures that should be provided access to credit, helping to increase offering mortgage products? Has their
earlier in the mortgage shopping and homeownership and opportunities for understanding been furthered by state-
application process to aid consumers’ consumers to use the equity in their required mortgage broker disclosures?
homes. However, the growth of the
2 Concerns about nontraditional mortgage subprime market has also raised public 3 In the case of conventional first-lien home-

products led the Board, the Office of the policy concerns. Among the concerns is purchase loans extended in 2004, 32.4 percent of
Comptroller of the Currency, the Federal Deposit African-Americans and 20.3 percent of Hispanic
Insurance Corporation, the Office of Thrift
whether consumers who obtain higher- whites obtained higher priced-loans, compared to
Supervision, and the National Credit Union priced loans are sufficiently informed 8.7 percent of non-Hispanic whites and 5.9 percent
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Administration to jointly propose Guidance on about mortgage products, their options, of Asians. More information about these findings
Nontraditional Mortgages on December 20, 2005. how to effectively shop for the best rates and the HMDA data in general, is available on the
The proposed Guidance addresses loan terms and Board’s Web site at http://www.federalrserve.gov/
underwriting standards; portfolio and risk
and terms, and ultimately how to obtain pubs/bulletin/2005/summer05_hmda.pdf, and
management practices; and consumer protection the best available mortgage for their http://www.federalreserve.gov/boarddocs/press/
issues. needs. bcreg/2005/20050331/default.htm.

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26516 Federal Register / Vol. 71, No. 87 / Friday, May 5, 2006 / Notices

3. What strategies have been helpful supporting collaborative efforts to Education with Women across the
in educating consumers about their provide accurate prevention education Lifespan.
options in the mortgage market? What to Native/American Indian and Alaska Funding will be directed at activities
efforts are needed to help educate Native (AI/AN) women living in rural 1 designed to improve the delivery of
consumers about the mortgage credit and frontier Indian Country. The services to women disproportionately
process and how to shop and compare emphasis of these efforts is on impacted by HIV/AIDS.
loan terms and fees? prevention education covering the full
spectrum of primary and secondary I. Funding Opportunity Description
4. What are some of the ‘‘best
practices’’ that lenders, mortgage prevention adapted to a female centered The primary purpose of this OWH
brokers, consumer advocates and perspective. This initiative is intended HIV/AIDS program is to increase HIV
community development groups have to pilot a collaborative partnership prevention knowledge and reduce the
employed to help consumers approach between the grantee and local risk of contracting HIV among Native/
understand the mortgage market and health or social service providers, e.g., American Indian and Alaska Native
their loan choices? community health centers, rural health women living in Indian Country. The
5. What explains the differences in centers, family planning clinics, Indian goals for this program are:
borrowing patterns among racial and Health Service (IHS) facilities, 2 Special • Develop and sustain HIV
ethnic groups? How much are the Supplemental Nutrition Program for prevention services to increase
patterns attributable to differences in Women, Infants and Children (WIC), awareness of and receptivity to HIV
credit history and other underwriting community based organizations, faith prevention information among AI/AN
factors such as loan-to-value? What based organizations, public assistance women living in rural and frontier
other factors may explain these programs, and local health departments. Indian Country experiencing high rates
patterns? The partnership is expected to be a of HIV infection within female
viable strategy for identifying and populations.
By order of the Board of Governors of the
educating Native/American Indian and • Develop gender specific education
Federal Reserve System, May 1, 2006.
Alaska Native women in a culturally and prevention training modules on
Jennifer J. Johnson,
appropriate manner that reduces denial, critical HIV/AIDS primary and
Secretary of the Board. demystifies stigma, clarifies false secondary prevention/education
[FR Doc. E6–6803 Filed 5–4–06; 8:45 am] information, and increases knowledge information. (CDC recommended
BILLING CODE 6210–01–P for self-protection and access to effective interventions may be used as
counseling and testing resources. It is well as adapted interventions which
expected that the prevention education demonstrate core elements of
DEPARTMENT OF HEALTH AND pilot will provide accurate, culturally interventions with evidence of
HUMAN SERVICES and linguistically appropriate effectiveness.3)
information to women at risk for or • Implement education and
Request for Applications for the In living with HIV/AIDS in Indian prevention training modules that are
Community Spirit—Prevention of HIV/ Country. Also, it is expected that the culturally and linguistically
AIDS for Native/American Indian and program model will integrate the appropriate, building on strengths of
Alaska Native Women Living in Rural strengths of traditions, values, culture, traditions, values, culture, and
and Frontier Indian Country Program and spirituality of the indigenous spirituality of indigenous communities
AGENCY: Office of the Secretary, Office communities of the target population. of AI/AN women living in Indian
The OWH HIV/AIDS program began Country.
of Public Health and Science, Office on
in 1999 with funding from the Minority The OWH hopes to fulfill this purpose
Women’s Health, HHS.
AIDS Fund (formerly Minority AIDS by providing funding to community-
ACTION: Notice. Initiative) to address the gaps in services based organizations to enhance their
provided to women who are at risk or prevention and support activities to
Announcement Type: Cooperative
living with HIV. Since the inception of Native/American Indian and Alaska
Agreement—FY 2006 Initial
the HIV/AIDS programs, the program Native women. The proposed program
announcement.
focus has expanded from two to seven. must address false HIV information,
OMB Catalog of Federal Domestic
These programs include: (1) HIV stigma, denial, knowledge, self-
Assistance: The OMB Catalog of Federal
Prevention for Women Living in the protection behaviors, and the
Domestic Assistance number is 93.015.
Rural South, (2) Prevention and Support importance of knowing one’s
DATES: Application availability May 5, for Incarcerated/ Newly Released
2006. seropositive status. A gender specific
Women, (3) Model Mentorship for approach shall be an integral element of
Applications due by 5 p.m. eastern Strengthening Organizational Capacity,
time June 5, 2006. the piloted intervention. Information
(4) HIV Prevention for Young Women and services provided must be
SUMMARY: This program is authorized by Attending Minority Institutions (e.g.
42. U.S.C. 300u–2(a). culturally and linguistically appropriate
Historically Black Colleges and for the individuals for whom the
The Office on Women’s Health (OWH) Universities, Hispanic Serving
is the focal point for women’s health information and services are intended.
Institutions, and Tribal Colleges and Women’s health issues are defined in
within the Department of Health and Universities), (5) HIV Prevention for
Human Services (DHHS). Under the the context of women’s lives, including
Women Living in the U.S. Virgin their multiple social roles and the
direction of the Deputy Assistant Islands, (6) Prevention and Support for
Secretary for Women’s Health, OWH importance of relationships with other
HIV Positive Women Living in Puerto people to their lives. This definition of
provides leadership to promote health Rico, and (7) Intergenerational
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equity for women and girls through women’s health encompasses mental,
Approaches to HIV/AIDS Prevention
gender-specific approaches. To that end, 3 Compendium of HIV Prevention Interventions
OWH has established public/private 1 Access: http://www.cdc.gov/hiv/graphics/rural- with Evidence of Effectiveness, CDC’s HIV/AIDS
partnerships to address critical women’s urban.htm for definitions. Prevention Research Synthesis Project, November
health issues nationwide. These include 2 http:///www.ihs.gov/Facilities for locations. 1999.

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