Other Real Estate Owned and Technical Amendments, 43420-43422 [2020-14108]
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
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reference staff at 1–800–397–4209, 301–
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the certificate of compliance, the
proposed changes to the technical
specifications, and the preliminary
safety evaluation report are available in
ADAMS under Accession No.
ML19158A271. The final amendment to
the certificate of compliance, final
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FOR FURTHER INFORMATION CONTACT:
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Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
8342 or email: Vanessa.Cox@nrc.gov.
SUPPLEMENTARY INFORMATION: On April
30, 2020 (85 FR 23904), the NRC
published a direct final rule amending
its regulations in part 72 of title 10 of
the Code of Federal Regulations to
revise the Holtec International HI–
STORM Flood/Wind Multipurpose
Canister Storage System listing within
the ‘‘List of approved spent fuel storage
casks’’ to include Amendment No. 4 to
Certificate of Compliance No. 1032.
Amendment No. 4 revises the certificate
of compliance to: add multipurpose
canister (MPC)–32ML for storage and
allow the fuel assembly class 16X16D as
content for MPC–32ML; add the fuel
assembly class 16X16E as content for
MPC–37; and make changes to the final
safety analysis report to separate the
design pressure for the short-term
operation from the off-normal condition
(to provide clarity in Table 2.2.1), add
cautionary notes to Sections 9.2.1 and
9.2.3, update a definition, and replace a
test program.
In the direct final rule published on
April 30, 2020, the NRC stated that if no
significant adverse comments were
received, the direct final rule would
become effective on July 14, 2020. The
NRC received and docketed one
VerDate Sep<11>2014
16:30 Jul 16, 2020
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comment on the companion proposed
rule (85 FR 23923; April 30, 2020). The
comment can be obtained from the
Federal Rulemaking website https://
www.regulations.gov under Docket ID
NRC–2019–0250, and from ADAMS
under Accession No. ML20154K577.
The NRC evaluated the comment
against the criteria described in the
direct final rule and determined that the
comment was not significant and
adverse. Specifically, the comment was
outside the scope of this rulemaking,
did not oppose the rule, or did not
propose a change to the rule, such that
the rule would be ineffective or
unacceptable without incorporation of
the change. Therefore, the direct final
rule will become effective as scheduled.
Dated June 25, 2020.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2020–14076 Filed 7–16–20; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 34
[Docket ID OCC–2019–0004]
RIN 1557–AE91
Other Real Estate Owned and
Technical Amendments
Office of the Comptroller of the
Currency, Treasury.
ACTION: Final rule; correction.
AGENCY:
On October 22, 2019, the
Office of the Comptroller of the
Currency (OCC) published in the
Federal Register a final rule to revise
provisions on other real estate owned
and make related technical
amendments. Due to a technical error in
the amendatory text, certain revisions in
the final rule were not incorporated in
the Code of Federal Regulations. This
final rule corrects those omissions.
DATES: The final rule is effective on July
17, 2020.
FOR FURTHER INFORMATION CONTACT:
Kevin Korzeniewski, Counsel, or
Anthony Borzaro, Attorney, Chief
Counsel’s Office, (202) 649–5490; or for
persons who are hearing impaired, TTY,
(202) 649–5597.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
I. Background
On October 22, 2019, the OCC
published in the Federal Register a final
rule to revise its rule on other real estate
owned (OREO) at 12 CFR part 34,
subpart E, and make related technical
amendments (OREO final rule).1 The
OREO final rule was intended to apply
to national banks and federal savings
associations, and the rule text printed in
the OREO final rule did incorporate
both types of institutions in all relevant
sections. However, due to a technical
error in the amendatory instructions, the
phrase ‘‘federal savings associations’’
was not included in two places in the
introductory text to 12 CFR
34.83(a)(3)(i). This final rule corrects the
amendatory instructions to add the
phrase ‘‘federal savings associations’’ in
those two locations. This final rule does
not make any substantive changes to the
OREO final rule or any requirements of
12 CFR part 34, subpart E.
II. Administrative Law Statements
A. Administrative Procedure Act
The OCC is issuing the final rule
without prior notice and the
opportunity for public comment and the
delayed effective date ordinarily
prescribed by the Administrative
Procedure Act (APA).2 Pursuant to
section 553(b)(B) of the APA, general
notice and the opportunity for public
comment are not required with respect
to a rulemaking when an ‘‘agency for
good cause finds (and incorporates the
finding and a brief statement of reasons
therefor in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ 3
The OCC believes that the final rule
should be effective immediately upon
publication in the Federal Register. The
final rule merely implements a technical
correction to the amendatory text to
reflect the text of the OREO final rule for
purposes of accurate printing in the
Code of Federal Regulations and has no
substantive effect. The OCC previously
requested comment on the revision,
adopted the revision in a final rule, and
believes requesting further comment or
delaying the correction would be
unnecessary.
For these reasons, the OCC finds that
there is good cause to issue the rule
without notice and comment.4
The APA also requires a 30-day
delayed effective date, except for (1)
substantive rules which grant or
1 84
FR 56369 (Oct. 22, 2019).
U.S.C. 553.
3 5 U.S.C. 553(b)(3)(A).
4 5 U.S.C. 553(b)(B); 553(d)(3).
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
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recognize an exemption or relieve a
restriction; (2) interpretative rules and
statements of policy; or (3) as otherwise
provided by the agency for good cause.5
The final rule merely implements a
technical correction to the amendatory
text to reflect the text of the OREO final
rule for purposes of accurate printing in
the Code of Federal Regulations and has
no substantive effect.6 Therefore, the
OCC similarly finds good cause to
dispense with the 30-day delayed
effective date.
B. Congressional Review Act
For purposes of Congressional Review
Act, the OMB makes a determination as
to whether a final rule constitutes a
‘‘major’’ rule.7 If a rule is deemed a
‘‘major rule’’ by the Office of
Management and Budget (OMB), the
Congressional Review Act generally
provides that the rule may not take
effect until at least 60 days following its
publication.8
The Congressional Review Act defines
a ‘‘major rule’’ as any rule that the
Administrator of the Office of
Information and Regulatory Affairs of
the OMB finds has resulted in or is
likely to result in (A) an annual effect
on the economy of $100,000,000 or
more; (B) a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
government agencies or geographic
regions, or (C) significant adverse effects
on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.9
For the same reasons set forth above,
the OCC is adopting the final rule
without the delayed effective date
generally prescribed under the
Congressional Review Act. The delayed
effective date required by the
Congressional Review Act does not
apply to any rule for which an agency
for good cause finds (and incorporates
the finding and a brief statement of
reasons therefor in the rule issued) that
notice and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.10 In light of the
fact that the final rule has no
substantive effect and merely
implements a technical correction to the
amendatory text to reflect the text of the
OREO final rule for purposes of accurate
U.S.C. 553(d).
6 5 U.S.C. 553(d)(1).
7 5 U.S.C. 801 et seq.
8 5 U.S.C. 801(a)(3).
9 5 U.S.C. 804(2).
10 5 U.S.C. 808.
16:30 Jul 16, 2020
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) (PRA) states that
no agency may conduct or sponsor, nor
is the respondent required to respond
to, an information collection unless it
displays a currently valid OMB control
number. The final rule does not affect
any current information collections for
12 CFR part 34.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act
(RFA) 11 requires an agency to consider
whether the rules it proposes will have
a significant economic impact on a
substantial number of small entities.12
The RFA applies only to rules for which
an agency publishes a general notice of
proposed rulemaking pursuant to 5
U.S.C. 553(b). As discussed previously,
consistent with section 553(b)(B) of the
APA, the OCC has determined for good
cause that general notice and
opportunity for public comment is
unnecessary, and therefore the OCC has
not issued a notice of proposed
rulemaking. Accordingly, the OCC has
concluded that the RFA’s requirements
relating to initial and final regulatory
flexibility analysis do not apply.
E. Riegle Community Development and
Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the
Riegle Community Development and
Regulatory Improvement Act
(RCDRIA),13 in determining the effective
date and administrative compliance
requirements for new regulations that
impose additional reporting, disclosure,
or other requirements on insured
depository institutions (IDIs), each
Federal banking agency must consider,
consistent with the principle of safety
and soundness and the public interest,
any administrative burdens that such
regulations would place on depository
institutions, including small depository
institutions, and customers of
depository institutions, as well as the
11 5
U.S.C. 601 et seq.
regulations issued by the Small Business
Administration, a small entity includes a depository
institution, bank holding company, or savings and
loan holding company with total assets of $600
million or less and trust companies with total assets
of $41.5 million or less. See 13 CFR 121.201.
13 12 U.S.C. 4802(a).
12 Under
55
VerDate Sep<11>2014
printing in the Code of Federal
Regulations, the OCC believes that
delaying the effective date of the rule is
unnecessary.
As required by the Congressional
Review Act, the OCC will submit the
final rule and other appropriate reports
to Congress and the Government
Accountability Office for review.
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43421
benefits of such regulations. In addition,
section 302(b) of RCDRIA requires new
regulations and amendments to
regulations that impose additional
reporting, disclosures, or other new
requirements on IDIs generally to take
effect on the first day of a calendar
quarter that begins on or after the date
on which the regulations are published
in final form, with certain exceptions,
including for good cause.14 For the
reasons described above, the OCC finds
good cause exists under section 302 of
RCDRIA to publish this final rule with
an immediate effective date.
As such, the final rule will be
effective on July 17, 2020.
F. Use of Plain Language
Section 722 of the Gramm-LeachBliley Act 15 requires the Federal
banking agencies to use plain language
in all proposed and final rules
published after January 1, 2000. The
OCC has sought to present the final rule
in a simple and straightforward manner.
G. Unfunded Mandates
As a general matter, the Unfunded
Mandates Act of 1995 (UMRA), 2 U.S.C.
1531 et seq., requires the preparation of
a budgetary impact statement before
promulgating a rule that includes a
Federal mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year. However, the UMRA
does not apply to final rules for which
a general notice of proposed rulemaking
was not published. See 2 U.S.C. 1532(a).
Therefore, because the OCC has found
good cause to dispense with notice and
comment for this final rule, the OCC has
not prepared a budgetary impact
statement for the rule under the UMRA.
List of Subjects in 12 CFR Part 34
Appraisal, Appraiser, Banks, Banking,
Consumer protection, Credit, Mortgages,
National banks, Reporting and
recordkeeping requirements, Savings
associations, Truth in lending.
For the reasons stated in the
preamble, the Office of the Comptroller
of the Currency amends 12 CFR part 34
as follows:
PART 34—REAL ESTATE LENDING
AND APPRAISALS
1. The authority citation for part 34
continues to read as follows:
■
Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a,
371, 1462a, 1463, 1464, 1465, 1701j–3,
1828(o), 3331 et seq., 5101 et seq., and
5412(b)(2)(B) and 15 U.S.C. 1639h.
14 12
15 12
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U.S.C. 4802.
U.S.C. 4809.
17JYR1
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Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations
Subpart E—Other Real Estate Owned
§ 34.83
[Amended]
2. In § 34.83 amend paragraph (a)(3)(i)
introductory text by adding ‘‘or Federal
savings association’’ after ‘‘national
bank’’ wherever it occurs.
■
Brian P. Brooks,
Acting Comptroller of the Currency.
[FR Doc. 2020–14108 Filed 7–16–20; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2020–0285; Special
Conditions No. 25–771–SC]
Special Conditions: Avidyne
Corporation, Textron Aviation Inc.
Model 550, 560, and 560XL Airplanes;
Electronic-System Security Protection
From Unauthorized External Access
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for Textron Aviation Inc.
(Textron) Model 550, 560, and 560XL
airplanes. These airplanes, as modified
by Avidyne Corporation, will have a
novel or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport category
airplanes. This design feature is
Avidyne Corporation avionics that
allow external connection to previously
isolated data networks, which are
connected to systems that perform
functions required for the safe operation
of the airplane. This feature creates a
potential for unauthorized persons to
access the aircraft-control domain and
airline information-services domain,
and presents security vulnerabilities
related to the introduction of computer
viruses and worms, user errors, and
intentional sabotage of airplane
electronic assets (networks, systems,
and databases). The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on
Avidyne Corporation on July 17, 2020.
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SUMMARY:
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16:30 Jul 16, 2020
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Send comments on or before August 31,
2020.
ADDRESSES: Send comments identified
by Docket No. FAA–2020–0285 using
any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ https://
www.regulations.gov/ and follow the
online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket website, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478).
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Varun Khanna, Airplane and Flightcrew
Interface Section, AIR–671, Transport
Standards Branch, Policy and
Innovation Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3159; email
varun.khanna@faa.gov.
SUPPLEMENTARY INFORMATION: The
substance of these special conditions
has been published in the Federal
Register for public comment in several
prior instances with no substantive
comments received. Therefore, the FAA
has determined that prior public notice
and comment are unnecessary, and
PO 00000
Frm 00004
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finds that, for the same reason, good
cause exists for adopting these special
conditions upon publication in the
Federal Register.
Comments Invited
The FAA invites interested people to
take part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
The FAA will consider all comments
received by the closing date for
comments. The FAA may change these
special conditions based on the
comments received.
Background
On February 1, 2019, Avidyne
Corporation applied for a supplemental
type certificate for Avidyne Corporation
avionics connected to the aircraftcontrol domain and airline informationservices domain in Textron Model 550,
560, and 560XL airplanes.
The Model 550 is a twin-engine,
transport-category airplane with a
maximum takeoff weight of 14,800
pounds, and seating for up to 11
passengers, depending upon
configuration.
The Model 560 is a twin-engine,
transport-category airplane with a
maximum takeoff weight of 16,630
pounds, and seating for up to 11
passengers, depending upon
configuration.
The Model 560XL is a twin-engine,
transport-category airplane with a
maximum takeoff weight of 20,200
pounds, and seating for up to 12
passengers, depending upon
configuration.
Type Certification Basis
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Avidyne Corporation must show that
the Textron Model 550, 560, and 560XL
airplanes, as changed, continue to meet
the applicable provisions of the
regulations listed in Type Certificate No.
A22CE or the applicable regulations in
effect on the date of application for the
change, except for earlier amendments
as agreed upon by the FAA.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for Textron Model 550, 560, and 560XL
airplanes because of a novel or unusual
design feature, special conditions are
prescribed under the provisions of
§ 21.16.
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Agencies
[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43420-43422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14108]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TREASURY
Office of the Comptroller of the Currency
12 CFR Part 34
[Docket ID OCC-2019-0004]
RIN 1557-AE91
Other Real Estate Owned and Technical Amendments
AGENCY: Office of the Comptroller of the Currency, Treasury.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On October 22, 2019, the Office of the Comptroller of the
Currency (OCC) published in the Federal Register a final rule to revise
provisions on other real estate owned and make related technical
amendments. Due to a technical error in the amendatory text, certain
revisions in the final rule were not incorporated in the Code of
Federal Regulations. This final rule corrects those omissions.
DATES: The final rule is effective on July 17, 2020.
FOR FURTHER INFORMATION CONTACT: Kevin Korzeniewski, Counsel, or
Anthony Borzaro, Attorney, Chief Counsel's Office, (202) 649-5490; or
for persons who are hearing impaired, TTY, (202) 649-5597.
SUPPLEMENTARY INFORMATION:
I. Background
On October 22, 2019, the OCC published in the Federal Register a
final rule to revise its rule on other real estate owned (OREO) at 12
CFR part 34, subpart E, and make related technical amendments (OREO
final rule).\1\ The OREO final rule was intended to apply to national
banks and federal savings associations, and the rule text printed in
the OREO final rule did incorporate both types of institutions in all
relevant sections. However, due to a technical error in the amendatory
instructions, the phrase ``federal savings associations'' was not
included in two places in the introductory text to 12 CFR
34.83(a)(3)(i). This final rule corrects the amendatory instructions to
add the phrase ``federal savings associations'' in those two locations.
This final rule does not make any substantive changes to the OREO final
rule or any requirements of 12 CFR part 34, subpart E.
---------------------------------------------------------------------------
\1\ 84 FR 56369 (Oct. 22, 2019).
---------------------------------------------------------------------------
II. Administrative Law Statements
A. Administrative Procedure Act
The OCC is issuing the final rule without prior notice and the
opportunity for public comment and the delayed effective date
ordinarily prescribed by the Administrative Procedure Act (APA).\2\
Pursuant to section 553(b)(B) of the APA, general notice and the
opportunity for public comment are not required with respect to a
rulemaking when an ``agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' \3\
---------------------------------------------------------------------------
\2\ 5 U.S.C. 553.
\3\ 5 U.S.C. 553(b)(3)(A).
---------------------------------------------------------------------------
The OCC believes that the final rule should be effective
immediately upon publication in the Federal Register. The final rule
merely implements a technical correction to the amendatory text to
reflect the text of the OREO final rule for purposes of accurate
printing in the Code of Federal Regulations and has no substantive
effect. The OCC previously requested comment on the revision, adopted
the revision in a final rule, and believes requesting further comment
or delaying the correction would be unnecessary.
For these reasons, the OCC finds that there is good cause to issue
the rule without notice and comment.\4\
---------------------------------------------------------------------------
\4\ 5 U.S.C. 553(b)(B); 553(d)(3).
---------------------------------------------------------------------------
The APA also requires a 30-day delayed effective date, except for
(1) substantive rules which grant or
[[Page 43421]]
recognize an exemption or relieve a restriction; (2) interpretative
rules and statements of policy; or (3) as otherwise provided by the
agency for good cause.\5\ The final rule merely implements a technical
correction to the amendatory text to reflect the text of the OREO final
rule for purposes of accurate printing in the Code of Federal
Regulations and has no substantive effect.\6\ Therefore, the OCC
similarly finds good cause to dispense with the 30-day delayed
effective date.
---------------------------------------------------------------------------
\5\ 5 U.S.C. 553(d).
\6\ 5 U.S.C. 553(d)(1).
---------------------------------------------------------------------------
B. Congressional Review Act
For purposes of Congressional Review Act, the OMB makes a
determination as to whether a final rule constitutes a ``major''
rule.\7\ If a rule is deemed a ``major rule'' by the Office of
Management and Budget (OMB), the Congressional Review Act generally
provides that the rule may not take effect until at least 60 days
following its publication.\8\
---------------------------------------------------------------------------
\7\ 5 U.S.C. 801 et seq.
\8\ 5 U.S.C. 801(a)(3).
---------------------------------------------------------------------------
The Congressional Review Act defines a ``major rule'' as any rule
that the Administrator of the Office of Information and Regulatory
Affairs of the OMB finds has resulted in or is likely to result in (A)
an annual effect on the economy of $100,000,000 or more; (B) a major
increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies or geographic regions, or
(C) significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.\9\
---------------------------------------------------------------------------
\9\ 5 U.S.C. 804(2).
---------------------------------------------------------------------------
For the same reasons set forth above, the OCC is adopting the final
rule without the delayed effective date generally prescribed under the
Congressional Review Act. The delayed effective date required by the
Congressional Review Act does not apply to any rule for which an agency
for good cause finds (and incorporates the finding and a brief
statement of reasons therefor in the rule issued) that notice and
public procedure thereon are impracticable, unnecessary, or contrary to
the public interest.\10\ In light of the fact that the final rule has
no substantive effect and merely implements a technical correction to
the amendatory text to reflect the text of the OREO final rule for
purposes of accurate printing in the Code of Federal Regulations, the
OCC believes that delaying the effective date of the rule is
unnecessary.
---------------------------------------------------------------------------
\10\ 5 U.S.C. 808.
---------------------------------------------------------------------------
As required by the Congressional Review Act, the OCC will submit
the final rule and other appropriate reports to Congress and the
Government Accountability Office for review.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) (PRA)
states that no agency may conduct or sponsor, nor is the respondent
required to respond to, an information collection unless it displays a
currently valid OMB control number. The final rule does not affect any
current information collections for 12 CFR part 34.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) \11\ requires an agency to
consider whether the rules it proposes will have a significant economic
impact on a substantial number of small entities.\12\ The RFA applies
only to rules for which an agency publishes a general notice of
proposed rulemaking pursuant to 5 U.S.C. 553(b). As discussed
previously, consistent with section 553(b)(B) of the APA, the OCC has
determined for good cause that general notice and opportunity for
public comment is unnecessary, and therefore the OCC has not issued a
notice of proposed rulemaking. Accordingly, the OCC has concluded that
the RFA's requirements relating to initial and final regulatory
flexibility analysis do not apply.
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\11\ 5 U.S.C. 601 et seq.
\12\ Under regulations issued by the Small Business
Administration, a small entity includes a depository institution,
bank holding company, or savings and loan holding company with total
assets of $600 million or less and trust companies with total assets
of $41.5 million or less. See 13 CFR 121.201.
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E. Riegle Community Development and Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the Riegle Community Development and
Regulatory Improvement Act (RCDRIA),\13\ in determining the effective
date and administrative compliance requirements for new regulations
that impose additional reporting, disclosure, or other requirements on
insured depository institutions (IDIs), each Federal banking agency
must consider, consistent with the principle of safety and soundness
and the public interest, any administrative burdens that such
regulations would place on depository institutions, including small
depository institutions, and customers of depository institutions, as
well as the benefits of such regulations. In addition, section 302(b)
of RCDRIA requires new regulations and amendments to regulations that
impose additional reporting, disclosures, or other new requirements on
IDIs generally to take effect on the first day of a calendar quarter
that begins on or after the date on which the regulations are published
in final form, with certain exceptions, including for good cause.\14\
For the reasons described above, the OCC finds good cause exists under
section 302 of RCDRIA to publish this final rule with an immediate
effective date.
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\13\ 12 U.S.C. 4802(a).
\14\ 12 U.S.C. 4802.
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As such, the final rule will be effective on July 17, 2020.
F. Use of Plain Language
Section 722 of the Gramm-Leach-Bliley Act \15\ requires the Federal
banking agencies to use plain language in all proposed and final rules
published after January 1, 2000. The OCC has sought to present the
final rule in a simple and straightforward manner.
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\15\ 12 U.S.C. 4809.
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G. Unfunded Mandates
As a general matter, the Unfunded Mandates Act of 1995 (UMRA), 2
U.S.C. 1531 et seq., requires the preparation of a budgetary impact
statement before promulgating a rule that includes a Federal mandate
that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year. However, the UMRA does not apply to
final rules for which a general notice of proposed rulemaking was not
published. See 2 U.S.C. 1532(a). Therefore, because the OCC has found
good cause to dispense with notice and comment for this final rule, the
OCC has not prepared a budgetary impact statement for the rule under
the UMRA.
List of Subjects in 12 CFR Part 34
Appraisal, Appraiser, Banks, Banking, Consumer protection, Credit,
Mortgages, National banks, Reporting and recordkeeping requirements,
Savings associations, Truth in lending.
For the reasons stated in the preamble, the Office of the
Comptroller of the Currency amends 12 CFR part 34 as follows:
PART 34--REAL ESTATE LENDING AND APPRAISALS
0
1. The authority citation for part 34 continues to read as follows:
Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, 371, 1462a, 1463,
1464, 1465, 1701j-3, 1828(o), 3331 et seq., 5101 et seq., and
5412(b)(2)(B) and 15 U.S.C. 1639h.
[[Page 43422]]
Subpart E--Other Real Estate Owned
Sec. 34.83 [Amended]
0
2. In Sec. 34.83 amend paragraph (a)(3)(i) introductory text by adding
``or Federal savings association'' after ``national bank'' wherever it
occurs.
Brian P. Brooks,
Acting Comptroller of the Currency.
[FR Doc. 2020-14108 Filed 7-16-20; 8:45 am]
BILLING CODE 4810-33-P