Yes. For a further explanation/reference, here is an excerpt from a post I made a few weeks ago:
The preamble to the final rule says there was only one public comment about comment 7, and they don't explain it from the angle you are looking at it. The preamble talks multiple times about giving non-HMDA banks an "option" and even talks about how it wouldn't be fair to require DI for non-HMDA banks, and that is why "the Bureau is therefore not requiring the collection of disaggregated categories for Regulation B-only creditors." To me, this implies that it is optional, which is supported several times in the preamble. For example: "while entities that do not report under Regulation C but record and retain race and ethnicity data under Regulation B will have the option of recording data either using the existing aggregated categories or the new disaggregated categories."
Adam Witmer, CRCM
All statements are my opinion, not those of my employer, and should not be taken as legal advice.www.compliancecohort.com