Minority and Women Outreach Program, 14992-14995 [2017-05894]
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14992
Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Rules and Regulations
For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017–05902 Filed 3–23–17; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL HOUSING FINANCE
AGENCY
12 CFR Parts 1207 and 1223
RIN 2590–AA87
Minority and Women Outreach
Program
Federal Housing Finance
Agency.
ACTION: Final rule.
AGENCY:
The Federal Housing Finance
Agency (FHFA) is prescribing this final
rule to establish its minority and women
outreach program (MWOP), pursuant to
the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989
(FIRREA); the Federal Housing
Enterprises Financial Safety and
Soundness Act of 1992 (Safety and
Soundness Act); and the Dodd-Frank
Wall Street Reform and Consumer
Protection Act of 2008 (Dodd-Frank
Act). This final rule also redesignates
the current Minority and Women
Inclusion (MWI) regulation (‘‘Minority
and Women Inclusion Final Rule,’’
‘‘MWI Rule,’’ or ‘‘2010 Final Rule’’), in
the Code of Federal Regulations to
subchapter B of FHFA’s regulations.
DATES: Effective date: March 24, 2017.
For additional information, see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Sharron Levine, Director, Office of
Minority and Women Inclusion,
Sharron.Levine@fhfa.gov, (202) 649–
3496; or Eric Howard, Deputy Director,
Office of Minority and Women
Inclusion, Eric.Howard@fhfa.gov, (202)
649–3009; or James Jordan, Assistant
General Counsel, James.Jordan@
fhfa.gov, (202) 649–3075 (not toll-free
numbers), Federal Housing Finance
Agency, 400 Seventh Street SW.,
Washington, DC 20219. The telephone
number for the Telecommunications
Device for the Hearing Impaired is (800)
877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
diversity in its workforce, at all levels of
the agency, consistent with the
demographic diversity of the United
States.’’ 2
HERA also amended FIRREA 3 to add
FHFA to a list of agencies required to
‘‘prescribe regulations to establish and
oversee a minority outreach program
within [the agency] to ensure inclusion,
to the maximum extent possible, of
minorities and women, and entities
owned by minorities and women,
including financial institutions,
investment banking firms, underwriters,
accountants, and providers of legal
services, in all contracts entered into by
the agency with such persons or
entities, public and private, in order to
manage the institutions and their assets
for which the agency is responsible or
to perform such other functions
authorized under any law applicable to
such agency.’’ 4
B. Subpart B of 2010 NPR (March 2010)
In January 2010, FHFA published a
Notice of Proposed Rulemaking on
Minority and Women Inclusion (2010
NPRM) 5 to implement HERA’s MWI
mandates. The 2010 NPRM Subparts A
and C addressed the establishment and
supervision of Office[s] of Minority and
Women Inclusion (OMWIs) at the
Federal National Mortgage Association
(Fannie Mae), the Federal Home Loan
Corporation (Freddie Mac), and the
Federal Home Loan Banks (FHLBs)
(collectively, ‘‘FHFA’s regulated
entities’’), as well as, the Federal Home
Loan Banks’ Office of Finance.
The 2010 NPRM Subpart B addressed
internal operations. Subpart B: (1)
Outlined affirmative steps FHFA would
take to promote diversity in its own
workforce (as required by the HERA
amendments to the Safety and
Soundness Act); and (2) Established an
FHFA outreach program regulation (as
required by the HERA amendments to
FIRREA).
C. Dodd-Frank Act, 2010 Final Rule
(July 2010–December 2010)
On July 21, 2010, after FHFA
published the 2010 NPRM, but before
the rule was finalized, Dodd-Frank Act 6
was enacted. Dodd-Frank Act section
342 required FHFA and several other
agencies to ‘‘develop [internal]
standards’’ that address equal
jstallworth on DSK7TPTVN1PROD with RULES
I. Background
A. HERA and FIRREA (July 2008)
In 2008, the Housing and Economic
Recovery Act (HERA) 1 amended the
Safety and Soundness Act to require
FHFA to ‘‘take affirmative steps to seek
1 Public
Law 110–289, 122 Stat. 2654 (2008).
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2 Public Law 110–289, div. A, title I, sec. 1116(f),
122 Stat. 2681. 12 U.S.C. 4520(f).
3 Public Law 101–73, 103 Stat. 183 (1989).
4 Public Law 110–289, div. A, title II, sec 1216(c),
122 Stat. 2792. 12 U.S.C. 1833e(c).
5 ‘‘Minority and Women Inclusion; Notice of
Proposed Rulemaking,’’ 75 FR 1289 (January 11,
2010).
6 Public Law 111–203, 124 Stat. 1376 (2010).
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employment opportunity (EEO) and
increased participation of minorityowned and women-owned business in
the programs and contracts of the
respective agency.7
FHFA was specially situated. As the
only agency subject to HERA’s Minority
and Women Inclusion (MWI)
requirements, FHFA already had
published the 2010 NPRM Subpart B
which, if adopted, would have fulfilled
both its obligations under HERA, and,
the newly established Dodd-Frank Act
section 342.
However, in December 2010, FHFA
finalized its 2010 NPRM without
adopting proposed Subpart B.8 In the
preamble to the 2010 Final Rule, FHFA
committed to finalize Subpart B, but not
until the other agencies subject to DoddFrank Act section 342 began work on
implementation, and FHFA ensured that
its proposal aligned with the other
agencies’ practices.
The other agencies subsequently
established their respective OMWIs,
and, along with FHFA’s OMWI,
implemented Dodd-Frank Act section
342. FHFA drafted internal EEO
standards in August, 2016. However,
FHFA did not adopt the standards in a
formal rulemaking, nor did FHFA fulfill
the promise in its 2010 Final Rule to
revisit and finalize Subpart B.
D. FIRREA Requirement To Prescribe
Regulations (Current State)
The Federal Deposit Insurance
Corporation (FDIC), FHFA, and Office of
the Comptroller of the Currency (OCC)
hold a special status among the agencies
subject to Dodd-Frank Act section 342.
The FDIC, FHFA, and OCC are the only
agencies also subject to the FIRREA
section 1216 (12 U.S.C. 1833e)
requirement to ‘‘prescribe regulations’’
to establish a minority outreach program
(the other agencies subject to DoddFrank Act section 342 simply were
required to develop and implement the
less formal ‘‘standards’’ referenced
above). The FDIC and OCC were the
original subjects of FIRREA section
1216’s (12 U.S.C. 1833e) regulation
requirement when FIRREA was enacted
in 1989. Accordingly, both agencies
7 The Dodd-Frank Act imposed MWI
requirements on the internal operations of the
following agencies and entities: The Consumer
Financial Protection Bureau (CFPB), Federal
Deposit Insurance Corporation (FDIC), FHFA,
Federal Reserve Board (FRB), each of the Federal
Reserve Banks, National Credit Union
Administration (NCUA), Office of the Comptroller
of the Currency (OCC), Securities and Exchange
Commission (SEC), and the Department of Treasury.
7 12 U.S.C. 5452.
8 ‘‘Minority and Women Inclusion; Final Rule,’’
75 FR 81395 (December 28, 2010) (codified at 12
CFR 1207).
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Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Rules and Regulations
published regulations establishing
minority outreach programs prior to
HERA, thus leaving FHFA as the only
agency yet to fulfill the FIRREA
mandate section 1216 (12 U.S.C.
1833e).9 10
II. Final Rule
Administratively, the final rule: (a)
Fulfills FHFA’s obligation to ‘‘prescribe
regulations’’ establishing an outreach
program in accordance with FIRREA,
thereby aligning FHFA’s regulations
with the FDIC and OCC’s existing
regulations; (b) formalizes FHFA’s
commitment to EEO by rule; and (c)
fulfills FHFA’s commitment in the final
rule to revisit and finalize the substance
of proposed Subpart B.
The final rule also demonstrates
FHFA’s commitment to diversity and
inclusion and provides a baseline for
implementing diversity and inclusion
throughout every level of the agency.
The final rule is modeled on the
existing FDIC Minority and Women
Outreach Program rule (FDIC Rule) 11
which is similar in substance to the
OCC’s Minority, Women, and
Individuals with Disabilities-Owned
Business Contracting Outreach Program
rule (OCC Rule).12 The FDIC drafted its
original rule in 1990 and amended it
multiple times to conform the rule to
Supreme Court decisions on affirmative
action that bore upon the rule’s
substance. FHFA drew heavily on the
work done by the FDIC.
jstallworth on DSK7TPTVN1PROD with RULES
A. Final Rule and the Administrative
Procedure Act (APA)
In the preamble to the 2010 Final
Rule, FHFA noted that it reserved
Subpart B of its broader Minority and
Women Inclusion Rule to address the
MWI-related statutory requirements
aimed at FHFA’s internal policies. Since
then, the 2010 Final Rule has evolved,13
9 FDIC Minority and Outreach Program—
Contracting, 12 CFR part 361, and OCC Description
of Office, Procedures, Public Information; Minority,
Women and Individuals with Disabilities-Owned
Business; Contracting Outreach Program, 12 CFR
part 4, subpart D.
10 Since HERA’s enactment, the FDIC made a
technical amendment to its existing rule by
changing the name of the office that oversees the
FDIC’s outreach program from the ‘‘Office of
Diversity and Economic Opportunity (ODEO)’’ to
the ‘‘Office of Minority and Women Inclusion
(OMWI).’’ The OCC made no changes to its existing
regulation.
11 FDIC Minority and Women Outreach Program,
12 CFR part 361.
12 OCC Description of Office, Procedures, Public
Information; Minority, Women and Individuals
with Disabilities-Owned Business; Contracting
Outreach Program, 12 CFR part 4, subpart D.
13 The 2010 Final Rule was amended to add
regulated entity board diversity requirements, 80 FR
25209 (May 4, 2015), and a Notice of Proposed
Rulemaking is currently out for comment to amend
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and FHFA has concluded that, as an
administrative matter, a new regulation
under subchapter A of FHFA’s
regulations is necessary for the
internally applied requirements. FHFA
determined that separating FHFA’s
internal requirements from the
requirements that the 2010 Final Rule
imposes upon FHFA’s regulated entities
would be more orderly than an
amendment to the existing Minority and
Women Inclusion regulation.
This final rule also redesignates the
current MWI regulation as part 1223 of
title 12 of the Code of Federal
Regulations and the new MWOP
regulation as part 1207 in order to keep
all FHFA regulations related to FHFA’s
Organization & Operations in
subchapter A, and those regulations
related to Regulated Entities in
subchapter B. There are no substantive
changes to the MWI regulation. Thus,
the newly designated part 1207 renders
the reserved portion of former subpart B
for the MWOP rule unnecessary,
however FHFA continues to reserve this
subpart for future rulemakings.
Under the APA, prior notice and
comment periods are not required if a
rule relates to ‘‘a matter of agency
management or personnel or to public
property, loans, grants, benefits, or
contracts.’’ Therefore, this final rule is
effective upon publication in the
Federal Register.
III. Section-by-Section Analysis
Definitions (§ 1207.1)
This establishes that the terms used in
the final rule have the same meaning as
in FHFA’s Minority and Women
Inclusion Regulation at 12 CFR part
1223.
FHFA Workforce Diversity; Equal
Employment Opportunity Program
(§ 1207.2)
Section 1207.2(b) states that FHFA
will comply with EEOC requirements
for Federal agencies. The purpose of
that explicit statement is to memorialize
FHFA’s fulfillment of Dodd-Frank Act’s
section 342 requirement to ‘‘establish
standards’’ in a formal rulemaking
(FHFA has already drafted standards
internally, and, in practice, FHFA
already meets the EEOC’s requirements).
Section 1207.2(c) states FHFA’s
policy on non-discrimination. The
language in that subsection incorporates
provisions from a series of EEO-related
Executive Orders (E.O.s) that already
applied to FHFA by statute. Restating
the 2010 Final Rule again to require FHFA’s
regulated entities to engage in diversity and
inclusion strategic planning, 81 FR 74730 (October
27, 2016).
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14993
the provisions explicitly in this
subsection confirms for the reader that
FHFA conforms to these specific E.O.s.
Section 1207.2(d) lists the
‘‘affirmative steps’’ FHFA will take to
promote diversity in hiring, including
recruiting at institutions that serve
primarily minorities or women, and,
placing advertisements in media
oriented toward minorities and women.
The language in this subsection is
drawn from HERA.14
FHFA Contracting and Diversity and
Inclusion (§ 1207.3)
Section 1207.3(a) states that FHFA’s
OMWI has overall responsibility for
diversity and inclusion in FHFA
contracting.
Dodd-Frank Act’s section 342 requires
that FHFA develop standards for
technical assistance, but there is no
statutory requirement that FHFA
prescribe a regulation committing to
provide technical assistance. FHFA
nevertheless included this provision in
§ 1207.3(c) of the final rule to
demonstrate FHFA’s commitment to
diversity and inclusion and because
including this provision in the final rule
provides a central point of reference for
potential FHFA vendors.
Section 1207.3(b) begins with a
statement that FHFA’s policy is to
promote diversity in the contracting
process. The subsection then provides a
non-exclusive list of activities FHFA
may engage in to promote diversity,
including participating in conventions
intended to promote business
opportunities for minority- and womenowned businesses. Like the technical
assistance provision, the list of potential
activities is extracted from Dodd-Frank
Act section 342.
Section 1207.3(d) provides that
FHFA’s OMWI will monitor that FHFA
staff interfacing with the contracting
community are actively promoting
FHFA’s Outreach Program. FDIC’s
OMWI established this same construct
for the FDIC rule and Outreach Program
with reported success.
Limitations (§ 1207.4)
This section establishes that the final
rule does not create any right or benefit
for any party against the United States,
its departments, agencies, or entities, its
officers, employees, or agents. This
section forecloses any theory that the
final rule subjects FHFA to any new
legal liability.
14 Public
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Law 110–289, sec. 1124(f).
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Federal Register / Vol. 82, No. 56 / Friday, March 24, 2017 / Rules and Regulations
IV. Consideration of Differences
Between the Banks and the Enterprises
Section 1313(f) of the Safety and
Soundness Act, as amended by section
1201 of HERA, requires the Director,
when promulgating regulations relating
to the Banks, to consider the differences
between the Banks and the Enterprises
with respect to the Banks’ cooperative
ownership structure; mission of
providing liquidity to members;
affordable housing and community
development mission; capital structure;
and joint and several liability. In
preparing this final rule, the Director
considered the differences between the
Banks and the Enterprises with respect
to the final rule’s impact and the
differences outlined in section 1313(f)
and determined that the final rule
would not adversely impact the
FHLBanks or Enterprises.
The final rule does not contain any
collection of information pursuant to
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Therefore,
FHFA has not submitted any
information to the Office of
Management and Budget for review.
jstallworth on DSK7TPTVN1PROD with RULES
Accordingly, for the reasons stated in
the SUPPLEMENTARY INFORMATION, and
under the authority of 12 U.S.C. 4520
and 4526, 12 U.S.C. 1833e, and E.O.
11478, FHFA is amending subchapters
A and B of chapter XII of title 12, Code
of Federal Regulations as follows:
PART 1207—MINORITY AND WOMEN
INCLUSION
1. The authority citation for part 1207
continues to read as follows:
■
Authority: 12 U.S.C. 4520 and 4526; 12
U.S.C. 1833e; E.O. 11478.
2. Redesignate part 1207 as part 1223
and transfer to subchapter B.
PART 1223—MINORITY AND WOMEN
INCLUSION
Subpart B—[Removed and Reserved]
3. Remove and reserve subpart B
(consisting of §§ 1223.10–1223.19).
■ 4. Add new part 1207 to subchapter A
to read as follows:
■
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires that a
regulation that has a significant
economic impact on a substantial
number of small entities, including
small businesses and or small
organizations, must include an initial
regulatory flexibility analysis describing
the regulation’s impact on small
entities. Such an analysis need not be
undertaken if the agency has certified
that the regulation will not have a
significant economic impact on a
substantial number of small entities.
FHFA has considered the impact of the
proposed rule under the Regulatory
Flexibility Act. The General Counsel of
FHFA certifies that the final rule, is not
likely to have a significant economic
impact on a substantial number of small
entities, because the regulation merely
fulfills statutory requirements that
FHFA: (1) ‘‘develop standards’’ that
apply internally; and (2) ‘‘prescribe[s]
regulations’’ establishing FHFA’s own
outreach program.
List of Subjects
12 CFR Part 1207
Discrimination, Diversity, Equal
employment opportunity, Government
contracts, Minority businesses,
Outreach.
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Authority and Issuance
■
VI. Regulatory Flexibility Act
13:12 Mar 23, 2017
Discrimination, Diversity, Equal
employment opportunity, Government
contracts, Minority businesses,
Outreach.
PART 1207—[REDESIGNATED AS
PART 1223]
V. Paperwork Reduction Act
VerDate Sep<11>2014
12 CFR Part 1223
PART 1207—MINORITY AND WOMEN
OUTREACH PROGRAM
Sec.
1207.1 Definitions.
1207.2 FHFA workforce diversity; Equal
Employment Opportunity Program.
1207.3 FHFA contracting and diversity and
inclusion.
1207.4 Limitations.
Authority: 12 U.S.C. 4520 and 4526; 12
U.S.C. 1833e; E.O. 11478.
§ 1207.1
Definitions.
The terms in this part have the same
meaning as in FHFA’s Minority and
Women Inclusion Regulation at part
1223 of this chapter, as may be amended
from time to time.
§ 1207.2 FHFA workforce diversity; Equal
Employment Opportunity Program.
(a) Responsibility. FHFA’s Office of
Minority and Women Inclusion (OMWI)
shall have overall responsibility for
diversity and inclusion in FHFA’s
employment practices.
(b) General. FHFA shall maintain an
Equal Employment Opportunity (EEO)
program consistent with the Equal
Employment Opportunity Commission
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requirements for Federal agencies and
Executive Order 11478.
(c) Workforce diversity. FHFA shall
not discriminate in employment against
any person because of race, color,
religion, national origin, sex, age,
genetic information, disability, sexual
orientation, gender identity, or status as
a parent.
(d) Affirmative steps for workforce
diversity. FHFA shall take affirmative
steps to seek diversity in its workforce,
at all levels of the agency, in a manner
consistent with applicable law. Such
steps shall include:
(1) Recruiting at historically Black
colleges and universities, Hispanicserving institutions, women’s colleges,
and colleges that typically serve the
individuals with disabilities and
majority minority populations;
(2) Sponsoring and recruiting at job
fairs in urban communities;
(3) Placing employment
advertisements in media oriented
toward minorities and women;
(4) Partnering with organizations that
are focused on developing opportunities
for minorities and women to place
talented minorities and women in
industry internships, summer
employment, and full-time positions;
and
(5) Where feasible, partnering with
inner-city high schools, girls’ high
schools, and high schools with majority
minority populations, to establish or
enhance financial literacy and provide
mentoring.
§ 1207.3 FHFA contracting and diversity
and inclusion.
(a) Responsibilities. FHFA’s Office of
Minority and Women Inclusion (OMWI)
shall have responsibility for diversity
and inclusion in FHFA’s contracting
practices.
(b) Outreach. FHFA’s policy is to
promote diversity in its contracting
process. FHFA shall establish a
contractor outreach program intended to
ensure that minority- and womenowned businesses are made aware of
and given the opportunity to compete
for contracts with FHFA. FHFA shall
conduct outreach activities that may
include, but are not limited to:
(1) Identifying contractors that are
minority- and women-owned by
obtaining lists and directories
maintained by government agencies,
trade groups, and other organizations;
(2) Advertising contract opportunities
through media targeted to reach
potential contractors that are minorityand women-owned; and
(3) Participating in events such as
conventions, trade shows, seminars,
professional meetings, and other
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gatherings intended to promote business
opportunities for minority- and womenowned businesses.
(c) Technical assistance. FHFA shall
provide technical assistance and
guidance to facilitate the identification
and solicitation of minority and womenowned businesses.
(d) Monitoring. FHFA’s OMWI shall
monitor that FHFA staff interfacing with
the contracting community are
knowledgeable about, and actively
promoting, FHFA’s Outreach program.
§ 1207.4
Limitations.
The regulations in this part do not, are
not intended to, and should not be
construed to create any right or benefit,
substantive or procedural, enforceable at
law, in equity, or through administrative
proceeding, by any party against FHFA,
the United States, its other departments,
agencies, or entities, its officers,
employees, or agents.
Dated: March 20, 2017.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2017–05894 Filed 3–23–17; 8:45 am]
BILLING CODE 8070–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0226]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Tower
Drawbridge across the Sacramento
River, mile 59.0 at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the
Sactown 10 Race. This deviation allows
the bridge to remain in the closed-tonavigation position during the deviation
period.
DATES: This deviation is effective from
5 a.m. to 11 a.m. on April 2, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0226], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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13:12 Mar 23, 2017
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deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil.
California
Department of Transportation has
requested a temporary change to the
operation of the Tower Drawbridge,
mile 59.0, over Sacramento River, at
Sacramento, CA. The drawbridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position 5 a.m. to
11 a.m. on April 2, 2017, to allow the
community to participate in the
Sactown 10 Race. This temporary
deviation has been coordinated with the
waterway users. No objections to the
proposed temporary deviation were
raised.
Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterway through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: March 20, 2017.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2017–05822 Filed 3–23–17; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 17–237; MB Docket No. 16–362; RM–
11776]
ACTION:
14995
Final rule.
At the request of Roy E.
Henderson (Petitioner), licensee of FM
Station KNUZ (FM), San Saba, Texas,
the Audio Division amends the FM
Table of Allotments by substituting
Channel 277A for Channel 224A at
Mullin, Texas. The purpose of this
change is to facilitate and grant
Petitioner’s hybrid application that
KNUZ (FM) be modified to operate on
Channel 277A rather than Channel
224A at San Saba, Texas. A staff
engineering analysis indicates that
Channel 277A can be substituted for
Channel 224A at Mullin, Texas, as
proposed, consistent with the minimum
distance separation requirements of the
Commission’s rules with a site
restriction 3.1 km (1.9 miles) north of
the community. The reference
coordinates are 31–35–00 NL and 98–
40–31 WL.
DATES: Effective April 24, 2017.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk, Media Bureau,
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 16–362,
adopted March 9, 2017, and released
March 10, 2017. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street SW., Washington,
DC 20554. The full text is also available
online at https://apps.fcc.gov/ecfs/. This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will send a copy of the Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
SUMMARY:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division,
Media Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
Radio Broadcasting Services; Mullin,
Texas
■
Federal Communications
Commission.
Authority: 47 U.S.C. 154, 303, 309, 310,
334, 336 and 339.
AGENCY:
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]]>Agencies
[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Rules and Regulations]
[Pages 14992-14995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05894]
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FEDERAL HOUSING FINANCE AGENCY
12 CFR Parts 1207 and 1223
RIN 2590-AA87
Minority and Women Outreach Program
AGENCY: Federal Housing Finance Agency.
ACTION: Final rule.
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SUMMARY: The Federal Housing Finance Agency (FHFA) is prescribing this
final rule to establish its minority and women outreach program (MWOP),
pursuant to the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (FIRREA); the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (Safety and Soundness Act);
and the Dodd-Frank Wall Street Reform and Consumer Protection Act of
2008 (Dodd-Frank Act). This final rule also redesignates the current
Minority and Women Inclusion (MWI) regulation (``Minority and Women
Inclusion Final Rule,'' ``MWI Rule,'' or ``2010 Final Rule''), in the
Code of Federal Regulations to subchapter B of FHFA's regulations.
DATES: Effective date: March 24, 2017. For additional information, see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Sharron Levine, Director, Office of
Minority and Women Inclusion, Sharron.Levine@fhfa.gov, (202) 649-3496;
or Eric Howard, Deputy Director, Office of Minority and Women
Inclusion, Eric.Howard@fhfa.gov, (202) 649-3009; or James Jordan,
Assistant General Counsel, James.Jordan@fhfa.gov, (202) 649-3075 (not
toll-free numbers), Federal Housing Finance Agency, 400 Seventh Street
SW., Washington, DC 20219. The telephone number for the
Telecommunications Device for the Hearing Impaired is (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
A. HERA and FIRREA (July 2008)
In 2008, the Housing and Economic Recovery Act (HERA) \1\ amended
the Safety and Soundness Act to require FHFA to ``take affirmative
steps to seek diversity in its workforce, at all levels of the agency,
consistent with the demographic diversity of the United States.'' \2\
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\1\ Public Law 110-289, 122 Stat. 2654 (2008).
\2\ Public Law 110-289, div. A, title I, sec. 1116(f), 122 Stat.
2681. 12 U.S.C. 4520(f).
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HERA also amended FIRREA \3\ to add FHFA to a list of agencies
required to ``prescribe regulations to establish and oversee a minority
outreach program within [the agency] to ensure inclusion, to the
maximum extent possible, of minorities and women, and entities owned by
minorities and women, including financial institutions, investment
banking firms, underwriters, accountants, and providers of legal
services, in all contracts entered into by the agency with such persons
or entities, public and private, in order to manage the institutions
and their assets for which the agency is responsible or to perform such
other functions authorized under any law applicable to such agency.''
\4\
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\3\ Public Law 101-73, 103 Stat. 183 (1989).
\4\ Public Law 110-289, div. A, title II, sec 1216(c), 122 Stat.
2792. 12 U.S.C. 1833e(c).
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B. Subpart B of 2010 NPR (March 2010)
In January 2010, FHFA published a Notice of Proposed Rulemaking on
Minority and Women Inclusion (2010 NPRM) \5\ to implement HERA's MWI
mandates. The 2010 NPRM Subparts A and C addressed the establishment
and supervision of Office[s] of Minority and Women Inclusion (OMWIs) at
the Federal National Mortgage Association (Fannie Mae), the Federal
Home Loan Corporation (Freddie Mac), and the Federal Home Loan Banks
(FHLBs) (collectively, ``FHFA's regulated entities''), as well as, the
Federal Home Loan Banks' Office of Finance.
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\5\ ``Minority and Women Inclusion; Notice of Proposed
Rulemaking,'' 75 FR 1289 (January 11, 2010).
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The 2010 NPRM Subpart B addressed internal operations. Subpart B:
(1) Outlined affirmative steps FHFA would take to promote diversity in
its own workforce (as required by the HERA amendments to the Safety and
Soundness Act); and (2) Established an FHFA outreach program regulation
(as required by the HERA amendments to FIRREA).
C. Dodd-Frank Act, 2010 Final Rule (July 2010-December 2010)
On July 21, 2010, after FHFA published the 2010 NPRM, but before
the rule was finalized, Dodd-Frank Act \6\ was enacted. Dodd-Frank Act
section 342 required FHFA and several other agencies to ``develop
[internal] standards'' that address equal employment opportunity (EEO)
and increased participation of minority-owned and women-owned business
in the programs and contracts of the respective agency.\7\
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\6\ Public Law 111-203, 124 Stat. 1376 (2010).
\7\ The Dodd-Frank Act imposed MWI requirements on the internal
operations of the following agencies and entities: The Consumer
Financial Protection Bureau (CFPB), Federal Deposit Insurance
Corporation (FDIC), FHFA, Federal Reserve Board (FRB), each of the
Federal Reserve Banks, National Credit Union Administration (NCUA),
Office of the Comptroller of the Currency (OCC), Securities and
Exchange Commission (SEC), and the Department of Treasury.
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FHFA was specially situated. As the only agency subject to HERA's
Minority and Women Inclusion (MWI) requirements, FHFA already had
published the 2010 NPRM Subpart B which, if adopted, would have
fulfilled both its obligations under HERA, and, the newly established
Dodd-Frank Act section 342.
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\7\ 12 U.S.C. 5452.
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However, in December 2010, FHFA finalized its 2010 NPRM without
adopting proposed Subpart B.\8\ In the preamble to the 2010 Final Rule,
FHFA committed to finalize Subpart B, but not until the other agencies
subject to Dodd-Frank Act section 342 began work on implementation, and
FHFA ensured that its proposal aligned with the other agencies'
practices.
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\8\ ``Minority and Women Inclusion; Final Rule,'' 75 FR 81395
(December 28, 2010) (codified at 12 CFR 1207).
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The other agencies subsequently established their respective OMWIs,
and, along with FHFA's OMWI, implemented Dodd-Frank Act section 342.
FHFA drafted internal EEO standards in August, 2016. However, FHFA did
not adopt the standards in a formal rulemaking, nor did FHFA fulfill
the promise in its 2010 Final Rule to revisit and finalize Subpart B.
D. FIRREA Requirement To Prescribe Regulations (Current State)
The Federal Deposit Insurance Corporation (FDIC), FHFA, and Office
of the Comptroller of the Currency (OCC) hold a special status among
the agencies subject to Dodd-Frank Act section 342. The FDIC, FHFA, and
OCC are the only agencies also subject to the FIRREA section 1216 (12
U.S.C. 1833e) requirement to ``prescribe regulations'' to establish a
minority outreach program (the other agencies subject to Dodd-Frank Act
section 342 simply were required to develop and implement the less
formal ``standards'' referenced above). The FDIC and OCC were the
original subjects of FIRREA section 1216's (12 U.S.C. 1833e) regulation
requirement when FIRREA was enacted in 1989. Accordingly, both agencies
[[Page 14993]]
published regulations establishing minority outreach programs prior to
HERA, thus leaving FHFA as the only agency yet to fulfill the FIRREA
mandate section 1216 (12 U.S.C. 1833e).9 10
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\9\ FDIC Minority and Outreach Program--Contracting, 12 CFR part
361, and OCC Description of Office, Procedures, Public Information;
Minority, Women and Individuals with Disabilities-Owned Business;
Contracting Outreach Program, 12 CFR part 4, subpart D.
\10\ Since HERA's enactment, the FDIC made a technical amendment
to its existing rule by changing the name of the office that
oversees the FDIC's outreach program from the ``Office of Diversity
and Economic Opportunity (ODEO)'' to the ``Office of Minority and
Women Inclusion (OMWI).'' The OCC made no changes to its existing
regulation.
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II. Final Rule
Administratively, the final rule: (a) Fulfills FHFA's obligation to
``prescribe regulations'' establishing an outreach program in
accordance with FIRREA, thereby aligning FHFA's regulations with the
FDIC and OCC's existing regulations; (b) formalizes FHFA's commitment
to EEO by rule; and (c) fulfills FHFA's commitment in the final rule to
revisit and finalize the substance of proposed Subpart B.
The final rule also demonstrates FHFA's commitment to diversity and
inclusion and provides a baseline for implementing diversity and
inclusion throughout every level of the agency.
The final rule is modeled on the existing FDIC Minority and Women
Outreach Program rule (FDIC Rule) \11\ which is similar in substance to
the OCC's Minority, Women, and Individuals with Disabilities-Owned
Business Contracting Outreach Program rule (OCC Rule).\12\ The FDIC
drafted its original rule in 1990 and amended it multiple times to
conform the rule to Supreme Court decisions on affirmative action that
bore upon the rule's substance. FHFA drew heavily on the work done by
the FDIC.
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\11\ FDIC Minority and Women Outreach Program, 12 CFR part 361.
\12\ OCC Description of Office, Procedures, Public Information;
Minority, Women and Individuals with Disabilities-Owned Business;
Contracting Outreach Program, 12 CFR part 4, subpart D.
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A. Final Rule and the Administrative Procedure Act (APA)
In the preamble to the 2010 Final Rule, FHFA noted that it reserved
Subpart B of its broader Minority and Women Inclusion Rule to address
the MWI-related statutory requirements aimed at FHFA's internal
policies. Since then, the 2010 Final Rule has evolved,\13\ and FHFA has
concluded that, as an administrative matter, a new regulation under
subchapter A of FHFA's regulations is necessary for the internally
applied requirements. FHFA determined that separating FHFA's internal
requirements from the requirements that the 2010 Final Rule imposes
upon FHFA's regulated entities would be more orderly than an amendment
to the existing Minority and Women Inclusion regulation.
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\13\ The 2010 Final Rule was amended to add regulated entity
board diversity requirements, 80 FR 25209 (May 4, 2015), and a
Notice of Proposed Rulemaking is currently out for comment to amend
the 2010 Final Rule again to require FHFA's regulated entities to
engage in diversity and inclusion strategic planning, 81 FR 74730
(October 27, 2016).
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This final rule also redesignates the current MWI regulation as
part 1223 of title 12 of the Code of Federal Regulations and the new
MWOP regulation as part 1207 in order to keep all FHFA regulations
related to FHFA's Organization & Operations in subchapter A, and those
regulations related to Regulated Entities in subchapter B. There are no
substantive changes to the MWI regulation. Thus, the newly designated
part 1207 renders the reserved portion of former subpart B for the MWOP
rule unnecessary, however FHFA continues to reserve this subpart for
future rulemakings.
Under the APA, prior notice and comment periods are not required if
a rule relates to ``a matter of agency management or personnel or to
public property, loans, grants, benefits, or contracts.'' Therefore,
this final rule is effective upon publication in the Federal Register.
III. Section-by-Section Analysis
Definitions (Sec. 1207.1)
This establishes that the terms used in the final rule have the
same meaning as in FHFA's Minority and Women Inclusion Regulation at 12
CFR part 1223.
FHFA Workforce Diversity; Equal Employment Opportunity Program (Sec.
1207.2)
Section 1207.2(b) states that FHFA will comply with EEOC
requirements for Federal agencies. The purpose of that explicit
statement is to memorialize FHFA's fulfillment of Dodd-Frank Act's
section 342 requirement to ``establish standards'' in a formal
rulemaking (FHFA has already drafted standards internally, and, in
practice, FHFA already meets the EEOC's requirements).
Section 1207.2(c) states FHFA's policy on non-discrimination. The
language in that subsection incorporates provisions from a series of
EEO-related Executive Orders (E.O.s) that already applied to FHFA by
statute. Restating the provisions explicitly in this subsection
confirms for the reader that FHFA conforms to these specific E.O.s.
Section 1207.2(d) lists the ``affirmative steps'' FHFA will take to
promote diversity in hiring, including recruiting at institutions that
serve primarily minorities or women, and, placing advertisements in
media oriented toward minorities and women. The language in this
subsection is drawn from HERA.\14\
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\14\ Public Law 110-289, sec. 1124(f).
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FHFA Contracting and Diversity and Inclusion (Sec. 1207.3)
Section 1207.3(a) states that FHFA's OMWI has overall
responsibility for diversity and inclusion in FHFA contracting.
Dodd-Frank Act's section 342 requires that FHFA develop standards
for technical assistance, but there is no statutory requirement that
FHFA prescribe a regulation committing to provide technical assistance.
FHFA nevertheless included this provision in Sec. 1207.3(c) of the
final rule to demonstrate FHFA's commitment to diversity and inclusion
and because including this provision in the final rule provides a
central point of reference for potential FHFA vendors.
Section 1207.3(b) begins with a statement that FHFA's policy is to
promote diversity in the contracting process. The subsection then
provides a non-exclusive list of activities FHFA may engage in to
promote diversity, including participating in conventions intended to
promote business opportunities for minority- and women-owned
businesses. Like the technical assistance provision, the list of
potential activities is extracted from Dodd-Frank Act section 342.
Section 1207.3(d) provides that FHFA's OMWI will monitor that FHFA
staff interfacing with the contracting community are actively promoting
FHFA's Outreach Program. FDIC's OMWI established this same construct
for the FDIC rule and Outreach Program with reported success.
Limitations (Sec. 1207.4)
This section establishes that the final rule does not create any
right or benefit for any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents.
This section forecloses any theory that the final rule subjects FHFA to
any new legal liability.
[[Page 14994]]
IV. Consideration of Differences Between the Banks and the Enterprises
Section 1313(f) of the Safety and Soundness Act, as amended by
section 1201 of HERA, requires the Director, when promulgating
regulations relating to the Banks, to consider the differences between
the Banks and the Enterprises with respect to the Banks' cooperative
ownership structure; mission of providing liquidity to members;
affordable housing and community development mission; capital
structure; and joint and several liability. In preparing this final
rule, the Director considered the differences between the Banks and the
Enterprises with respect to the final rule's impact and the differences
outlined in section 1313(f) and determined that the final rule would
not adversely impact the FHLBanks or Enterprises.
V. Paperwork Reduction Act
The final rule does not contain any collection of information
pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). Therefore, FHFA has not submitted any information to the Office
of Management and Budget for review.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
a regulation that has a significant economic impact on a substantial
number of small entities, including small businesses and or small
organizations, must include an initial regulatory flexibility analysis
describing the regulation's impact on small entities. Such an analysis
need not be undertaken if the agency has certified that the regulation
will not have a significant economic impact on a substantial number of
small entities. FHFA has considered the impact of the proposed rule
under the Regulatory Flexibility Act. The General Counsel of FHFA
certifies that the final rule, is not likely to have a significant
economic impact on a substantial number of small entities, because the
regulation merely fulfills statutory requirements that FHFA: (1)
``develop standards'' that apply internally; and (2) ``prescribe[s]
regulations'' establishing FHFA's own outreach program.
List of Subjects
12 CFR Part 1207
Discrimination, Diversity, Equal employment opportunity, Government
contracts, Minority businesses, Outreach.
12 CFR Part 1223
Discrimination, Diversity, Equal employment opportunity, Government
contracts, Minority businesses, Outreach.
Authority and Issuance
Accordingly, for the reasons stated in the SUPPLEMENTARY
INFORMATION, and under the authority of 12 U.S.C. 4520 and 4526, 12
U.S.C. 1833e, and E.O. 11478, FHFA is amending subchapters A and B of
chapter XII of title 12, Code of Federal Regulations as follows:
PART 1207--MINORITY AND WOMEN INCLUSION
0
1. The authority citation for part 1207 continues to read as follows:
Authority: 12 U.S.C. 4520 and 4526; 12 U.S.C. 1833e; E.O. 11478.
PART 1207--[REDESIGNATED AS PART 1223]
0
2. Redesignate part 1207 as part 1223 and transfer to subchapter B.
PART 1223--MINORITY AND WOMEN INCLUSION
Subpart B--[Removed and Reserved]
0
3. Remove and reserve subpart B (consisting of Sec. Sec. 1223.10-
1223.19).
0
4. Add new part 1207 to subchapter A to read as follows:
PART 1207--MINORITY AND WOMEN OUTREACH PROGRAM
Sec.
1207.1 Definitions.
1207.2 FHFA workforce diversity; Equal Employment Opportunity
Program.
1207.3 FHFA contracting and diversity and inclusion.
1207.4 Limitations.
Authority: 12 U.S.C. 4520 and 4526; 12 U.S.C. 1833e; E.O. 11478.
Sec. 1207.1 Definitions.
The terms in this part have the same meaning as in FHFA's Minority
and Women Inclusion Regulation at part 1223 of this chapter, as may be
amended from time to time.
Sec. 1207.2 FHFA workforce diversity; Equal Employment Opportunity
Program.
(a) Responsibility. FHFA's Office of Minority and Women Inclusion
(OMWI) shall have overall responsibility for diversity and inclusion in
FHFA's employment practices.
(b) General. FHFA shall maintain an Equal Employment Opportunity
(EEO) program consistent with the Equal Employment Opportunity
Commission requirements for Federal agencies and Executive Order 11478.
(c) Workforce diversity. FHFA shall not discriminate in employment
against any person because of race, color, religion, national origin,
sex, age, genetic information, disability, sexual orientation, gender
identity, or status as a parent.
(d) Affirmative steps for workforce diversity. FHFA shall take
affirmative steps to seek diversity in its workforce, at all levels of
the agency, in a manner consistent with applicable law. Such steps
shall include:
(1) Recruiting at historically Black colleges and universities,
Hispanic-serving institutions, women's colleges, and colleges that
typically serve the individuals with disabilities and majority minority
populations;
(2) Sponsoring and recruiting at job fairs in urban communities;
(3) Placing employment advertisements in media oriented toward
minorities and women;
(4) Partnering with organizations that are focused on developing
opportunities for minorities and women to place talented minorities and
women in industry internships, summer employment, and full-time
positions; and
(5) Where feasible, partnering with inner-city high schools, girls'
high schools, and high schools with majority minority populations, to
establish or enhance financial literacy and provide mentoring.
Sec. 1207.3 FHFA contracting and diversity and inclusion.
(a) Responsibilities. FHFA's Office of Minority and Women Inclusion
(OMWI) shall have responsibility for diversity and inclusion in FHFA's
contracting practices.
(b) Outreach. FHFA's policy is to promote diversity in its
contracting process. FHFA shall establish a contractor outreach program
intended to ensure that minority- and women-owned businesses are made
aware of and given the opportunity to compete for contracts with FHFA.
FHFA shall conduct outreach activities that may include, but are not
limited to:
(1) Identifying contractors that are minority- and women-owned by
obtaining lists and directories maintained by government agencies,
trade groups, and other organizations;
(2) Advertising contract opportunities through media targeted to
reach potential contractors that are minority- and women-owned; and
(3) Participating in events such as conventions, trade shows,
seminars, professional meetings, and other
[[Page 14995]]
gatherings intended to promote business opportunities for minority- and
women-owned businesses.
(c) Technical assistance. FHFA shall provide technical assistance
and guidance to facilitate the identification and solicitation of
minority and women-owned businesses.
(d) Monitoring. FHFA's OMWI shall monitor that FHFA staff
interfacing with the contracting community are knowledgeable about, and
actively promoting, FHFA's Outreach program.
Sec. 1207.4 Limitations.
The regulations in this part do not, are not intended to, and
should not be construed to create any right or benefit, substantive or
procedural, enforceable at law, in equity, or through administrative
proceeding, by any party against FHFA, the United States, its other
departments, agencies, or entities, its officers, employees, or agents.
Dated: March 20, 2017.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2017-05894 Filed 3-23-17; 8:45 am]
BILLING CODE 8070-01-P
