Community Reinvestment Act Regulations, 68662-68664 [E9-30646]
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68662
Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
List of Subjects
DEPARTMENT OF THE TREASURY
11 CFR Part 100
Office of the Comptroller of the
Currency
Elections.
11 CFR Part 106
12 CFR Part 25
Campaign funds, Political committees
and parties, Reporting and
recordkeeping requirements.
[Docket ID OCC–2009–0019]
For the reasons set out in the
preamble, the Commission is amending
Subchapter A of Chapter I of Title 11 of
the Code of Federal Regulations as
follows:
FEDERAL RESERVE SYSTEM
■
PART 100—SCOPE AND DEFINITIONS
(2 U.S.C. 431)
1. The authority citation for part 100
continues to read as follows:
■
[Docket ID OTS–2009–0022]
RIN 1550–AC37
*
Note to § 100.57: On November 30, 2009,
the United States District Court for the
District of Columbia ordered that § 100.57 is
vacated. See Final Order, EMILY’s List v.
FEC, No. 05–0049 (D.D.C. Nov. 30, 2009).
PART 106—ALLOCATIONS OF
CANDIDATE AND COMMITTEE
ACTIVITIES
3. The authority citation for part 106
continues to read as follows:
■
Authority: 2 U.S.C. 438(a)(8), 441a(b),
441a(g).
4. Section 106.6 is amended by adding
a note to read as follows:
■
§ 106.6 Allocation of expenses between
federal and non-federal activities by
separate segregated funds and
nonconnected committees.
*
*
*
*
*
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Note to 11 CFR 106.6: On November 30,
2009, the United States District Court for the
District of Columbia ordered that paragraphs
(c) and (f) of § 106.6 are vacated. See Final
Order, EMILY’s List v. FEC, No. 05–0049
(D.D.C. Nov. 30, 2009).
Dated: December 21, 2009.
On behalf of the Commission,
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9–30767 Filed 12–28–09; 8:45 am]
BILLING CODE 6715–01–P
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12 CFR Part 345
12 CFR Part 563e
§ 100.57 Funds received in response to
solicitations.
*
FEDERAL DEPOSIT INSURANCE
CORPORATION
Office of Thrift Supervision
2. Section 100.57 is amended by
adding a note to read as follows:
*
[Regulation BB; Docket No. R–1380]
DEPARTMENT OF THE TREASURY
■
*
12 CFR Part 228
RIN 3064–AD54
Authority: 2 U.S.C. 431, 434, 438(a)(8),
and 439a(c).
*
RIN 1557–AD29
Community Reinvestment Act
Regulations
AGENCIES: Office of the Comptroller of
the Currency, Treasury (OCC); Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC); Office of
Thrift Supervision, Treasury (OTS).
ACTION: Joint final rule; technical
amendment.
SUMMARY: The OCC, the Board, the
FDIC, and the OTS (collectively, the
‘‘agencies’’) are amending their
Community Reinvestment Act (CRA)
regulations to adjust the asset-size
thresholds used to define ‘‘small bank’’
or ‘‘small savings association’’ and
‘‘intermediate small bank’’ or
‘‘intermediate small savings
association.’’ As required by the CRA
regulations, the adjustment to the
threshold amount is based on the
annual percentage change in the
Consumer Price Index.
DATES: Effective Date: January 1, 2010.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Special
Counsel, Community and Consumer
Law Division, (202) 874–5750; or
Gregory Nagel or Brian Borkowicz,
National Bank Examiners, Compliance
Policy Division, (202) 874–4428, Office
of the Comptroller of the Currency, 250
E Street, SW., Washington, DC 20219.
Board: Rebecca Lassman, Supervisory
Consumer Financial Services Analyst,
PO 00000
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(202) 452–3946; or Brent Lattin,
Attorney, (202) 452–3667, Division of
Consumer and Community Affairs,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
FDIC: Janet R. Gordon, Senior Policy
Analyst, Division of Supervision and
Consumer Protection, Compliance
Policy Branch, (202) 898–3850; or Susan
van den Toorn, Counsel, Legal Division,
(202) 898–8707, Federal Deposit
Insurance Corporation, 550 17th Street,
NW., Washington, DC 20429.
OTS: Stephanie M. Caputo, Senior
Compliance Program Analyst,
Compliance and Consumer Protection,
(202) 906–6549; or Richard Bennett,
Senior Compliance Counsel,
Regulations and Legislation Division,
(202) 906–7409, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552.
SUPPLEMENTARY INFORMATION:
Background and Description of the
Joint Final Rule
The agencies’ CRA regulations
establish CRA performance standards
for small and intermediate small banks
and savings associations. The
regulations define small and
intermediate small institutions by
reference to asset-size criteria expressed
in dollar amounts, and they further
require the agencies to publish annual
adjustments to these dollar figures based
on the year-to-year change in the
average of the Consumer Price Index for
Urban Wage Earners and Clerical
Workers (CPIW), not seasonally
adjusted, for each twelve-month period
ending in November, with rounding to
the nearest million. 12 CFR 25.12(u)(2),
228.12(u)(2), 345.12(u)(2), and
563e.12(u)(2).
The threshold for small banks and
small savings associations was revised
most recently effective January 1, 2009
(73 FR 78153 (Dec. 22, 2008)). The CRA
regulations, as revised on December 22,
2008, provide that banks and savings
associations that, as of December 31 of
either of the prior two calendar years,
had assets of less than $1.109 billion are
‘‘small banks’’ or ‘‘small savings
associations.’’ Small banks and small
savings associations with assets of at
least $277 million as of December 31 of
both of the prior two calendar years and
less than $1.109 billion as of December
31 of either of the prior two calendar
years are ‘‘intermediate small banks’’ or
‘‘intermediate small savings
associations.’’ 12 CFR 25.12(u)(1),
228.12(u)(1), 345.12(u)(1), 563e.12(u)(1).
This joint final rule further revises these
thresholds.
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During the period ending November
2009, the CPIW decreased by 0.98
percent. As a result, the agencies are
revising 12 CFR 25.12(u)(1),
228.12(u)(1), 345.12(u)(1), and
563e.12(u)(1) to make this annual
adjustment. Beginning January 1, 2010,
banks and savings associations that, as
of December 31 of either of the prior two
calendar years, had assets of less than
$1.098 billion are ‘‘small banks’’ or
‘‘small savings associations.’’ Small
banks or small savings associations with
assets of at least $274 million as of
December 31 of both of the prior two
calendar years and less than $1.098
billion as of December 31 of either of the
prior two calendar years are
‘‘intermediate small banks’’ or
‘‘intermediate small savings
associations.’’ The agencies also publish
current and historical asset-size
thresholds on the Web site of the
Federal Financial Institutions
Examination Council at https://
www.ffiec.gov/cra/.
Administrative Procedure Act and
Effective Date
Under 5 U.S.C. 553(b)(B) of the
Administrative Procedure Act (APA), an
agency may, for good cause, find (and
incorporate the finding and a brief
statement of reasons therefore in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.
The amendments to the regulations to
adjust the asset-size thresholds for small
and intermediate small banks and
savings associations result from the
application of a formula established by
a provision in the CRA regulations that
the agencies previously published for
comment. See 70 FR 12148 (Mar. 11,
2005), 70 FR 44256 (Aug. 2, 2005), 71
FR 67826 (Nov. 24, 2006), and 72 FR
13429 (Mar. 22, 2007). Sections
25.12(u)(1), 228.12(u)(1), 345.12(u)(1),
and 563e.12(u)(1) are amended by
adjusting the asset-size thresholds as
provided for in §§ 25.12(u)(2),
228.12(u)(2), 345.12(u)(2), and
563e.12(u)(2).
Accordingly, since the agencies’ rules
provide no discretion as to the
computation or timing of the revisions
to the asset-size criteria, the agencies
have determined that publishing a
notice of proposed rulemaking and
providing opportunity for public
comment are unnecessary.
The effective date of this joint final
rule is January 1, 2010. Under 5 U.S.C.
553(d)(3) of the APA, the required
publication or service of a substantive
rule shall be made not less than 30 days
before its effective date, except, among
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other things, as provided by the agency
for good cause found and published
with the rule. Because this rule adjusts
asset-size thresholds consistent with the
procedural requirements of the CRA
rules, the agencies conclude that it is
not substantive within the meaning of
the APA’s delayed effective date
provision. Moreover, the agencies find
that there is good cause for dispensing
with the delayed effective date
requirement, even if it applied, because
their current rules already provide
notice that the small and intermediate
asset-size thresholds will be adjusted as
of December 31 based on twelve-month
data as of the end of November each
year.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
does not apply to a rulemaking where a
general notice of proposed rulemaking
is not required. 5 U.S.C. 603 and 604.
As noted previously, the agencies have
determined that it is unnecessary to
publish a general notice of proposed
rulemaking for this joint final rule.
Accordingly, the RFA’s requirements
relating to an initial and final regulatory
flexibility analysis do not apply.
Paperwork Reduction Act of 1995
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. Ch.
3506; 5 CFR part 1320), the agencies
reviewed this final rule. No collections
of information pursuant to the
Paperwork Reduction Act are contained
in the final rule.
68663
implications as required by Executive
Order 13132.
List of Subjects
12 CFR Part 25
Community development, Credit,
Investments, National banks, Reporting
and recordkeeping requirements.
12 CFR Part 228
Banks, banking, Community
development, Credit, Investments,
Reporting and recordkeeping
requirements.
12 CFR Part 345
Banks, banking, Community
development, Credit, Investments,
Reporting and recordkeeping
requirements.
12 CFR Part 563e
Community development, Credit,
Investments, Reporting and
recordkeeping requirements, Savings
associations.
Department of the Treasury
Office of the Comptroller of the
Currency
12 CFR Chapter I
For the reasons discussed in the joint
preamble, 12 CFR part 25 is amended as
follows:
■
PART 25—COMMUNITY
REINVESTMENT ACT AND
INTERSTATE DEPOSIT PRODUCTION
REGULATIONS
Executive Order 12866
The OCC and OTS have each
determined that its portion of this joint
final rule is not a significant regulatory
action as defined in Executive Order
12866.
■
Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532 (Unfunded Mandates Act),
requires that an agency must prepare a
budgetary impact statement before
promulgating any final rule for which a
general notice of proposed rulemaking
was published. As discussed above, the
agencies have determined that the
publication of a general notice of
proposed rulemaking is unnecessary.
Accordingly, this joint final rule is not
subject to section 202 of the Unfunded
Mandates Act.
■
Executive Order 13132
The OCC and OTS have each
determined that its portion of this joint
final rule does not have any Federalism
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1. The authority citation for part 25
continues to read as follows:
Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36,
93a, 161, 215, 215a, 481, 1814, 1816, 1828(c),
1835a, 2901 through 2907, and 3101 through
3111.
2. Revise § 25.12(u)(1) to read as
follows:
§ 25.12
Definitions.
*
*
*
*
*
(u) Small bank—(1) Definition. Small
bank means a bank that, as of December
31 of either of the prior two calendar
years, had assets of less than $1.098
billion. Intermediate small bank means
a small bank with assets of at least $274
million as of December 31 of both of the
prior two calendar years and less than
$1.098 billion as of December 31 of
either of the prior two calendar years.
*
*
*
*
*
Federal Reserve System
12 CFR Chapter II
For the reasons set forth in the joint
preamble, the Board of Governors of the
■
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Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations
Federal Reserve System amends part
228 of chapter II of title 12 of the Code
of Federal Regulations as follows:
Department of the Treasury
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Office of Thrift Supervision
12 CFR Chapter V
PART 228—COMMUNITY
REINVESTMENT (REGULATION BB)
12 CFR Part 502
■
For the reasons discussed in the joint
preamble, 12 CFR part 563e is amended
as follows:
Authority: 12 U.S.C. 321, 325, 1828(c),
1842, 1843, 1844, and 2901 et seq.
PART 563e—COMMUNITY
REINVESTMENT
2. Revise § 228.12(u)(1) to read as
follows:
■
§ 228.12
Authority: 12 U.S.C. 1462a, 1463, 1464,
1467a, 1814, 1816, 1828(c), and 2901 through
2907.
■
1. The authority citation for part 228
continues to read as follows:
■
1. The authority citation for part 563e
continues to read as follows:
Definitions.
*
*
*
*
*
(u) Small bank—(1) Definition. Small
bank means a bank that, as of December
31 of either of the prior two calendar
years, had assets of less than $1.098
billion. Intermediate small bank means
a small bank with assets of at least $274
million as of December 31 of both of the
prior two calendar years and less than
$1.098 billion as of December 31 of
either of the prior two calendar years.
*
*
*
*
*
Federal Deposit Insurance Corporation
12 CFR Chapter III
Authority and Issuance
For the reasons set forth in the joint
preamble, the Board of Directors of the
Federal Deposit Insurance Corporation
amends part 345 of chapter III of title 12
of the Code of Federal Regulations to
read as follows:
■
PART 345—COMMUNITY
REINVESTMENT
Authority: 12 U.S.C. 1814–1817, 1819–
1820, 1828, 1831u and 2901–2907, 3103–
3104, and 3108(a).
2. Revise § 345.12(u)(1) to read as
follows:
■
Definitions.
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*
§ 563e.12
Definitions.
*
*
*
*
*
(u) Small savings association—(1)
Definition. Small savings association
means a savings association that, as of
December 31 of either of the prior two
calendar years, had assets of less than
$1.098 billion. Intermediate small
savings association means a small
savings association with assets of at
least $274 million as of December 31 of
both of the prior two calendar years and
less than $1.098 billion as of December
31 of either of the prior two calendar
years.
*
*
*
*
*
Dated: December 14, 2009.
Julie L. Williams,
First Senior Deputy Comptroller and Chief
Counsel.
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary of the Board under delegated
authority,
Dated: December 16, 2009.
Jennifer J. Johnson,
Secretary of the Board.
1. The authority citation for part 345
continues to read as follows:
■
§ 345.12
2. Revise § 563e.12(u)(1) to read as
follows:
■
*
*
*
*
(u) Small bank—(1) Definition. Small
bank means a bank that, as of December
31 of either of the prior two calendar
years, had assets of less than $1.098
billion. Intermediate small bank means
a small bank with assets of at least $274
million as of December 31 of both of the
prior two calendar years and less than
$1.098 billion as of December 31 of
either of the prior two calendar years.
*
*
*
*
*
By order of the Board of Directors.
Dated at Washington, DC, this 17th day of
December 2009.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Dated: December 10, 2009.
By the Office of Thrift Supervision,
John E. Bowman,
Acting Director.
[FR Doc. E9–30646 Filed 12–28–09; 8:45 am]
BILLING CODES 4810–33–P, 6210–01–P, 6714–01–P,
6720–01–P
[OTS No. 2009–0023]
Technical Amendments
AGENCY: Office of Thrift Supervision,
Treasury.
ACTION: Final rule.
SUMMARY: The Office of Thrift
Supervision (OTS) is amending its
regulations to incorporate technical and
conforming amendments.
DATES: Effective Date: December 29,
2009.
FOR FURTHER INFORMATION CONTACT:
Sandra E. Evans, Legal Information
Assistant (Regulations), (202) 906–6086,
or Marvin Shaw, Senior Attorney, (202)
906–6639, Regulations and Legislation
Division, Chief Counsel’s Office, Office
of Thrift Supervision, 1700 G Street,
NW., Washington, DC 20552.
SUPPLEMENTARY INFORMATION: OTS is
amending its regulations to incorporate
technical and conforming amendments
to Part 502—Assessments and Fees. The
final rule makes two changes to part
502. First, the final rule revises section
502.26(a)(1) with respect to the base
assessment amount for a savings and
loan holding company (SHLC).
Specifically, the final rule increases the
base assessment amount from $3,000 to
$3,500. The increase reflects the change
in the Thrift Bulletin TB 48–27 that
provides for an adjustment for inflation
that is permissible under part 502.
Second, the final rule revises section
502.29 with respect to the condition
component for a SLHC. Specifically, the
final rule replaces the term
‘‘unsatisfactory’’ with the phrase ‘‘a
composite rating of 4 or 5.’’ The new
phrase reflects a change in an agency
guidance titled Savings and Loan
Holding Company Rating System issued
in the Federal Register.1
Administrative Procedure Act; Riegle
Community Development and
Regulatory Improvement Act of 1994
OTS finds that there is good cause to
dispense with prior notice and comment
on this final rule and with the 30-day
delay of effective date mandated by the
Administrative Procedure Act.2 OTS
believes that these procedures are
unnecessary and contrary to public
interest because the rule merely makes
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25
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FR 72442, December 20, 2007.
U.S.C. 553.
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]]>Agencies
[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68662-68664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30646]
=======================================================================
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Part 25
[Docket ID OCC-2009-0019]
RIN 1557-AD29
FEDERAL RESERVE SYSTEM
12 CFR Part 228
[Regulation BB; Docket No. R-1380]
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 345
RIN 3064-AD54
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
12 CFR Part 563e
[Docket ID OTS-2009-0022]
RIN 1550-AC37
Community Reinvestment Act Regulations
AGENCIES: Office of the Comptroller of the Currency, Treasury (OCC);
Board of Governors of the Federal Reserve System (Board); Federal
Deposit Insurance Corporation (FDIC); Office of Thrift Supervision,
Treasury (OTS).
ACTION: Joint final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The OCC, the Board, the FDIC, and the OTS (collectively, the
``agencies'') are amending their Community Reinvestment Act (CRA)
regulations to adjust the asset-size thresholds used to define ``small
bank'' or ``small savings association'' and ``intermediate small bank''
or ``intermediate small savings association.'' As required by the CRA
regulations, the adjustment to the threshold amount is based on the
annual percentage change in the Consumer Price Index.
DATES: Effective Date: January 1, 2010.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Special Counsel, Community and Consumer Law
Division, (202) 874-5750; or Gregory Nagel or Brian Borkowicz, National
Bank Examiners, Compliance Policy Division, (202) 874-4428, Office of
the Comptroller of the Currency, 250 E Street, SW., Washington, DC
20219.
Board: Rebecca Lassman, Supervisory Consumer Financial Services
Analyst, (202) 452-3946; or Brent Lattin, Attorney, (202) 452-3667,
Division of Consumer and Community Affairs, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue, NW.,
Washington, DC 20551.
FDIC: Janet R. Gordon, Senior Policy Analyst, Division of
Supervision and Consumer Protection, Compliance Policy Branch, (202)
898-3850; or Susan van den Toorn, Counsel, Legal Division, (202) 898-
8707, Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.
OTS: Stephanie M. Caputo, Senior Compliance Program Analyst,
Compliance and Consumer Protection, (202) 906-6549; or Richard Bennett,
Senior Compliance Counsel, Regulations and Legislation Division, (202)
906-7409, Office of Thrift Supervision, 1700 G Street, NW., Washington,
DC 20552.
SUPPLEMENTARY INFORMATION:
Background and Description of the Joint Final Rule
The agencies' CRA regulations establish CRA performance standards
for small and intermediate small banks and savings associations. The
regulations define small and intermediate small institutions by
reference to asset-size criteria expressed in dollar amounts, and they
further require the agencies to publish annual adjustments to these
dollar figures based on the year-to-year change in the average of the
Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPIW), not seasonally adjusted, for each twelve-month period ending in
November, with rounding to the nearest million. 12 CFR 25.12(u)(2),
228.12(u)(2), 345.12(u)(2), and 563e.12(u)(2).
The threshold for small banks and small savings associations was
revised most recently effective January 1, 2009 (73 FR 78153 (Dec. 22,
2008)). The CRA regulations, as revised on December 22, 2008, provide
that banks and savings associations that, as of December 31 of either
of the prior two calendar years, had assets of less than $1.109 billion
are ``small banks'' or ``small savings associations.'' Small banks and
small savings associations with assets of at least $277 million as of
December 31 of both of the prior two calendar years and less than
$1.109 billion as of December 31 of either of the prior two calendar
years are ``intermediate small banks'' or ``intermediate small savings
associations.'' 12 CFR 25.12(u)(1), 228.12(u)(1), 345.12(u)(1),
563e.12(u)(1). This joint final rule further revises these thresholds.
[[Page 68663]]
During the period ending November 2009, the CPIW decreased by 0.98
percent. As a result, the agencies are revising 12 CFR 25.12(u)(1),
228.12(u)(1), 345.12(u)(1), and 563e.12(u)(1) to make this annual
adjustment. Beginning January 1, 2010, banks and savings associations
that, as of December 31 of either of the prior two calendar years, had
assets of less than $1.098 billion are ``small banks'' or ``small
savings associations.'' Small banks or small savings associations with
assets of at least $274 million as of December 31 of both of the prior
two calendar years and less than $1.098 billion as of December 31 of
either of the prior two calendar years are ``intermediate small banks''
or ``intermediate small savings associations.'' The agencies also
publish current and historical asset-size thresholds on the Web site of
the Federal Financial Institutions Examination Council at https://www.ffiec.gov/cra/.
Administrative Procedure Act and Effective Date
Under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA),
an agency may, for good cause, find (and incorporate the finding and a
brief statement of reasons therefore in the rules issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.
The amendments to the regulations to adjust the asset-size
thresholds for small and intermediate small banks and savings
associations result from the application of a formula established by a
provision in the CRA regulations that the agencies previously published
for comment. See 70 FR 12148 (Mar. 11, 2005), 70 FR 44256 (Aug. 2,
2005), 71 FR 67826 (Nov. 24, 2006), and 72 FR 13429 (Mar. 22, 2007).
Sections 25.12(u)(1), 228.12(u)(1), 345.12(u)(1), and 563e.12(u)(1) are
amended by adjusting the asset-size thresholds as provided for in
Sec. Sec. 25.12(u)(2), 228.12(u)(2), 345.12(u)(2), and 563e.12(u)(2).
Accordingly, since the agencies' rules provide no discretion as to
the computation or timing of the revisions to the asset-size criteria,
the agencies have determined that publishing a notice of proposed
rulemaking and providing opportunity for public comment are
unnecessary.
The effective date of this joint final rule is January 1, 2010.
Under 5 U.S.C. 553(d)(3) of the APA, the required publication or
service of a substantive rule shall be made not less than 30 days
before its effective date, except, among other things, as provided by
the agency for good cause found and published with the rule. Because
this rule adjusts asset-size thresholds consistent with the procedural
requirements of the CRA rules, the agencies conclude that it is not
substantive within the meaning of the APA's delayed effective date
provision. Moreover, the agencies find that there is good cause for
dispensing with the delayed effective date requirement, even if it
applied, because their current rules already provide notice that the
small and intermediate asset-size thresholds will be adjusted as of
December 31 based on twelve-month data as of the end of November each
year.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) does not apply to a rulemaking
where a general notice of proposed rulemaking is not required. 5 U.S.C.
603 and 604. As noted previously, the agencies have determined that it
is unnecessary to publish a general notice of proposed rulemaking for
this joint final rule. Accordingly, the RFA's requirements relating to
an initial and final regulatory flexibility analysis do not apply.
Paperwork Reduction Act of 1995
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Ch. 3506; 5 CFR part 1320), the agencies reviewed this final rule. No
collections of information pursuant to the Paperwork Reduction Act are
contained in the final rule.
Executive Order 12866
The OCC and OTS have each determined that its portion of this joint
final rule is not a significant regulatory action as defined in
Executive Order 12866.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C.
1532 (Unfunded Mandates Act), requires that an agency must prepare a
budgetary impact statement before promulgating any final rule for which
a general notice of proposed rulemaking was published. As discussed
above, the agencies have determined that the publication of a general
notice of proposed rulemaking is unnecessary. Accordingly, this joint
final rule is not subject to section 202 of the Unfunded Mandates Act.
Executive Order 13132
The OCC and OTS have each determined that its portion of this joint
final rule does not have any Federalism implications as required by
Executive Order 13132.
List of Subjects
12 CFR Part 25
Community development, Credit, Investments, National banks,
Reporting and recordkeeping requirements.
12 CFR Part 228
Banks, banking, Community development, Credit, Investments,
Reporting and recordkeeping requirements.
12 CFR Part 345
Banks, banking, Community development, Credit, Investments,
Reporting and recordkeeping requirements.
12 CFR Part 563e
Community development, Credit, Investments, Reporting and
recordkeeping requirements, Savings associations.
Department of the Treasury
Office of the Comptroller of the Currency
12 CFR Chapter I
0
For the reasons discussed in the joint preamble, 12 CFR part 25 is
amended as follows:
PART 25--COMMUNITY REINVESTMENT ACT AND INTERSTATE DEPOSIT
PRODUCTION REGULATIONS
0
1. The authority citation for part 25 continues to read as follows:
Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36, 93a, 161, 215,
215a, 481, 1814, 1816, 1828(c), 1835a, 2901 through 2907, and 3101
through 3111.
0
2. Revise Sec. 25.12(u)(1) to read as follows:
Sec. 25.12 Definitions.
* * * * *
(u) Small bank--(1) Definition. Small bank means a bank that, as of
December 31 of either of the prior two calendar years, had assets of
less than $1.098 billion. Intermediate small bank means a small bank
with assets of at least $274 million as of December 31 of both of the
prior two calendar years and less than $1.098 billion as of December 31
of either of the prior two calendar years.
* * * * *
Federal Reserve System
12 CFR Chapter II
0
For the reasons set forth in the joint preamble, the Board of Governors
of the
[[Page 68664]]
Federal Reserve System amends part 228 of chapter II of title 12 of the
Code of Federal Regulations as follows:
PART 228--COMMUNITY REINVESTMENT (REGULATION BB)
0
1. The authority citation for part 228 continues to read as follows:
Authority: 12 U.S.C. 321, 325, 1828(c), 1842, 1843, 1844, and
2901 et seq.
0
2. Revise Sec. 228.12(u)(1) to read as follows:
Sec. 228.12 Definitions.
* * * * *
(u) Small bank--(1) Definition. Small bank means a bank that, as of
December 31 of either of the prior two calendar years, had assets of
less than $1.098 billion. Intermediate small bank means a small bank
with assets of at least $274 million as of December 31 of both of the
prior two calendar years and less than $1.098 billion as of December 31
of either of the prior two calendar years.
* * * * *
Federal Deposit Insurance Corporation
12 CFR Chapter III
Authority and Issuance
0
For the reasons set forth in the joint preamble, the Board of Directors
of the Federal Deposit Insurance Corporation amends part 345 of chapter
III of title 12 of the Code of Federal Regulations to read as follows:
PART 345--COMMUNITY REINVESTMENT
0
1. The authority citation for part 345 continues to read as follows:
Authority: 12 U.S.C. 1814-1817, 1819-1820, 1828, 1831u and
2901-2907, 3103-3104, and 3108(a).
0
2. Revise Sec. 345.12(u)(1) to read as follows:
Sec. 345.12 Definitions.
* * * * *
(u) Small bank--(1) Definition. Small bank means a bank that, as of
December 31 of either of the prior two calendar years, had assets of
less than $1.098 billion. Intermediate small bank means a small bank
with assets of at least $274 million as of December 31 of both of the
prior two calendar years and less than $1.098 billion as of December 31
of either of the prior two calendar years.
* * * * *
Department of the Treasury
Office of Thrift Supervision
12 CFR Chapter V
0
For the reasons discussed in the joint preamble, 12 CFR part 563e is
amended as follows:
PART 563e--COMMUNITY REINVESTMENT
0
1. The authority citation for part 563e continues to read as follows:
Authority: 12 U.S.C. 1462a, 1463, 1464, 1467a, 1814, 1816,
1828(c), and 2901 through 2907.
0
2. Revise Sec. 563e.12(u)(1) to read as follows:
Sec. 563e.12 Definitions.
* * * * *
(u) Small savings association--(1) Definition. Small savings
association means a savings association that, as of December 31 of
either of the prior two calendar years, had assets of less than $1.098
billion. Intermediate small savings association means a small savings
association with assets of at least $274 million as of December 31 of
both of the prior two calendar years and less than $1.098 billion as of
December 31 of either of the prior two calendar years.
* * * * *
Dated: December 14, 2009.
Julie L. Williams,
First Senior Deputy Comptroller and Chief Counsel.
By order of the Board of Governors of the Federal Reserve
System, acting through the Secretary of the Board under delegated
authority,
Dated: December 16, 2009.
Jennifer J. Johnson,
Secretary of the Board.
By order of the Board of Directors.
Dated at Washington, DC, this 17th day of December 2009.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Dated: December 10, 2009.
By the Office of Thrift Supervision,
John E. Bowman,
Acting Director.
[FR Doc. E9-30646 Filed 12-28-09; 8:45 am]
BILLING CODES 4810-33-P, 6210-01-P, 6714-01-P, 6720-01-P
