Community Reinvestment Act Regulations, 83747-83749 [2020-28116]

Download as PDF 83747 Rules and Regulations Federal Register Vol. 85, No. 247 Wednesday, December 23, 2020 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. FEDERAL RESERVE SYSTEM 12 CFR Part 228 [Regulation BB; Docket No. R–1735] RIN 7100–AG05 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 345 RIN 3064–AF68 Community Reinvestment Act Regulations Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC). ACTION: Joint final rule; technical amendment. jbell on DSKJLSW7X2PROD with RULES AGENCY: SUMMARY: The Board and the FDIC (collectively, the Agencies) are amending their Community Reinvestment Act (CRA) regulations to adjust the asset-size thresholds used to define ‘‘small bank’’ and ‘‘intermediate small bank.’’ As required by the CRA regulations, the adjustment to the threshold amount is based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI–W). DATES: Effective Date: January 1, 2021. FOR FURTHER INFORMATION CONTACT: Board: Amal S. Patel, Counsel, (202) 912–7879, or Cathy Gates, Senior Project Manager, (202) 452–2099, Division of Consumer and Community Affairs; or Gavin L. Smith, Senior Counsel, (202) 452–3474, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551. For users of Telecommunications Device for the Deaf (TDD) contact (202) 263–4869. FDIC: Patience R. Singleton, Senior Policy Analyst, Supervisory Policy Branch, Division of Depositor and Consumer Protection, (202) 898–6859; or Richard M. Schwartz, Counsel, Legal VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 Division, (202) 898–7424, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. SUPPLEMENTARY INFORMATION: Background and Description of the Joint Final Rule The Agencies’ CRA regulations establish CRA performance standards for small and intermediate small banks. The CRA regulations define small and intermediate small banks 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 yearto-year change in the average of the CPI–W, not seasonally adjusted, for each 12-month period ending in November, with rounding to the nearest million. 12 CFR 228.12(u)(2) and 345.12(u)(2). This adjustment formula was first adopted for CRA purposes by the Board, the Office of the Comptroller of the Currency (OCC), and the FDIC on August 2, 2005, effective September 1, 2005. 70 FR 44256 (Aug. 2, 2005). At that time, the Agencies noted that the &CPI–W is also used in connection with other federal laws, such as the Home Mortgage Disclosure Act. See 12 U.S.C. 2808; 12 CFR 1003.2. On March 22, 2007, and effective July 1, 2007, the former Office of Thrift Supervision (OTS), the agency then responsible for regulating savings associations, adopted an annual adjustment formula consistent with that of the other federal banking agencies in its CRA rule previously set forth at 12 CFR part 563e. 72 FR 13429 (Mar. 22, 2007). Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act),1 effective July 21, 2011, CRA rulemaking authority for federal and state savings associations was transferred from the OTS to the OCC, and the OCC subsequently republished, at 12 CFR part 195, the CRA regulations applicable to those institutions.2 In addition, the DoddFrank Act transferred responsibility for supervision of savings and loan holding companies and their non-depository subsidiaries from the OTS to the Board, and the Board subsequently amended its 1 Public Law 111–203, 124 Stat. 1376 (2010). OCC interim final rule, 76 FR 48950 (Aug. 9, 2011). 2 See PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 CRA regulation to reflect this transfer of supervisory authority.3 On May 20, 2020, the OCC issued a CRA final rule establishing a revised CRA regulatory framework 4 and has determined that it will adjust the assetsize criteria for institutions that are subject to OCC-issued CRA regulations, including national banks and federal and state savings associations, by a means separate from this rulemaking process. The threshold for small banks was revised most recently in December 2019 and became effective January 1, 2020. 84 FR 71738 (Dec. 30, 2019). The current CRA regulations provide that banks that, as of December 31 of either of the prior two calendar years, had assets of less than $1.305 billion are small banks. Small banks with assets of at least $326 million as of December 31 of both of the prior two calendar years and less than $1.305 billion as of December 31 of either of the prior two calendar years are intermediate small banks. 12 CFR 228.12(u)(1) and 345.12(u)(1). This joint final rule revises these thresholds. During the 12-month period ending November 2020, the CPI–W increased by 1.29 percent. As a result, the Agencies are revising 12 CFR 228.12(u)(1) and 345.12(u)(1) to make this annual adjustment. Beginning January 1, 2021, banks that, as of December 31 of either of the prior two calendar years, had assets of less than $1.322 billion are small banks. Small banks with assets of at least $330 million as of December 31 of both of the prior two calendar years and less than $1.322 billion as of December 31 of either of the prior two calendar years are intermediate small banks. The Agencies also publish current and historical assetsize thresholds on the website 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 3 See Board interim final rule, 76 FR 56508 (Sept. 13, 2011). 4 85 FR 34734 (June 5, 2020). The final rule is effective October 1, 2020. Institutions subject to the final rule must comply with its provisions by October 1, 2020, January 1, 2023, or January 1, 2024, as applicable. Id. at 34784. E:\FR\FM\23DER1.SGM 23DER1 jbell on DSKJLSW7X2PROD with RULES 83748 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations Paperwork Reduction Act of 1995 The Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521) 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 Office of Management and Budget (OMB) control number. The Agencies have determined that this final rule does not create any new, or revise any existing, collections of information pursuant to the Paperwork Reduction Act. Consequently, no information collection request will be submitted to the OMB for review. 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 result from the application of a formula established by a provision in the respective 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). As a result, §§ 228.12(u)(1) and 345.12(u)(1) of the Agencies’ respective CRA regulations are amended by adjusting the asset-size thresholds as provided for in §§ 228.12(u)(2) and 345.12(u)(2). Accordingly, the Agencies’ rules provide no discretion as to the computation or timing of the revisions to the asset-size criteria. For this reason, 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, 2021. 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 small asset-size thresholds will be adjusted as of December 31 based on 12month data as of the end of November each year. Riegle Community Development and Regulatory Improvement Act of 1994 Section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) (12 U.S.C. 4802) requires that each Federal banking agency, 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), consider, consistent with principles 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.5 In addition, new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally must 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.6 Because the final rule does not impose additional reporting, disclosure, or other requirements on IDIs, section 302 of RCDRIA does not apply. Nevertheless, the requirements of section 302 of RCDRIA, and the administrative burdens and benefits of the final rule, were considered as part of the overall rulemaking process. Regulatory Flexibility Act Congressional Review Act The Regulatory Flexibility Act (RFA) does not apply to a rulemaking when 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. FDIC 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 OMB, the Congressional Review Act generally VerDate Sep<11>2014 16:31 Dec 22, 2020 Jkt 253001 U.S.C 4802(a). U.S.C 4802(b). 7 5 U.S.C. 801 et seq. 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 As required by the Congressional Review Act, the FDIC will submit the final rule and other appropriate reports to Congress and the Government Accountability Office for review. List of Subjects 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. Federal Reserve System 12 CFR Chapter II For the reasons set forth in the common preamble, the Board of Governors of the 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) 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. 2. Section 228.12 is amended by revising paragraph (u)(1) to read as follows: ■ § 228.12 Definitions. * * * * * (u) * * * (1) Definition. Small bank means a bank that, as of December 31 of either of the prior two calendar years, 5 12 6 12 PO 00000 Frm 00002 Fmt 4700 85 95 Sfmt 4700 U.S.C. 801(a)(3). U.S.C. 804(2). E:\FR\FM\23DER1.SGM 23DER1 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Rules and Regulations had assets of less than $1.322 billion. Intermediate small bank means a small bank with assets of at least $330 billion as of December 31 of both of the prior two calendar years and less than $1.322 billion as of December 31 of either of the prior two calendar years. * * * * * Federal Deposit Insurance Corporation 12 CFR Chapter III For the reasons set forth in the common 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 3. The authority citation for part 345 continues to read as follows: ■ Authority: 12 U.S.C. 1814–1817, 1819– 1820, 1828, 1831u and 2901–2908, 3103– 3104, and 3108(a). 4. Section 345.12 is amended by revising paragraph (u)(1) to read as follows: ■ § 345.12 Definitions. * * * * * (u) * * * (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 $1.322 billion. Intermediate small bank means a small bank with assets of at least $330 million as of December 31 of both of the prior two calendar years and less than $1.322 billion as of December 31 of either of the prior two calendar years. * * * * * By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority. Ann E. Misback, Secretary of the Board. jbell on DSKJLSW7X2PROD with RULES Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on December 15, 2020. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2020–28116 Filed 12–22–20; 8:45 am] BILLING CODE 6210–01–P; 4810–33–P; 6714–01–P VerDate Sep<11>2014 19:46 Dec 22, 2020 12 CFR Part 615 Dated: December 7, 2020. Dale Aultman, Secretary, Farm Credit Administration Board. RIN 3052–AD35 [FR Doc. 2020–27144 Filed 12–22–20; 8:45 am] FARM CREDIT ADMINISTRATION BILLING CODE 6705–01–P Organization; Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Investment Eligibility Jkt 253001 Farm Credit Administration. Notification of effective date. AGENCY: ACTION: Authority and Issuance 83749 SUMMARY: The Farm Credit Administration (FCA or we) issued a final rule that amends its investment regulations to authorize Farm Credit System (FCS or System) associations to purchase in the secondary market and hold as investments, portions of loans that non-FCS lenders originate, and that the United States Department of Agriculture (USDA) fully and unconditionally guarantees or insures as to the timely payment of principal and interest. In accordance with statute, the effective date of the final rule is no earlier than 30 days from the date of publication in the Federal Register during which either or both House of Congress are in session. DATES: The final rule regulation amending 12 CFR part 615 published on October 6, 2020 (85 FR 62945), and corrected on November 6, 2020 (85 FR 62949), is effective as of December 23, 2020. FOR FURTHER INFORMATION CONTACT: Technical information: David J. Lewandrowski, Senior Policy Analyst, Finance & Capital Market Team, Office of Regulatory Policy, (703) 883–4414, TTY (703) 883–4056, lewandrowskid@ fca.gov. Legal information: Richard A. Katz, Senior Counsel, Office of General Counsel, (703) 883–4020, TTY (703) 883–4056, katzr@fca.gov. SUPPLEMENTARY INFORMATION: On August 13, 2020, the FCA issued a final rule that amended § 615.5140(b) so FCS associations are authorized to purchase in the secondary market and hold as investments, portions of loans that nonSystem lenders originate, and the USDA fully and unconditionally guarantees as to the payment of principal and interest. The final rule was published in the Federal Register on October 6, 2020. In accordance with 12 U.S.C. 2252(c)(1), the effective date of the final rule is no earlier than 30 days from the date of publication in the Federal Register during which either or both Houses of Congress are in session. Based on the records of the sessions of Congress, the effective date of the regulation is December 23, 2020. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1022 Fair Credit Reporting Act Disclosures Bureau of Consumer Financial Protection. ACTION: Final rule; official interpretation. AGENCY: SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is issuing this final rule amending an appendix for Regulation V, which implements the Fair Credit Reporting Act (FCRA). The Bureau is required to calculate annually the dollar amount of the maximum allowable charge for disclosures by a consumer reporting agency to a consumer pursuant to FCRA section 609; this final rule establishes the maximum allowable charge for the 2021 calendar year. DATES: This final rule is effective January 1, 2021. FOR FURTHER INFORMATION CONTACT: Willie Williams, Paralegal Specialist; Rachel Ross, Attorney-Advisor; Office of Regulations, at (202) 435–7700. If you require this document in an alternative electronic format, please contact CFPB_ Accessibility@cfpb.gov. SUPPLEMENTARY INFORMATION: The Bureau is amending appendix O for Regulation V, which implements the FCRA, to establish the maximum allowable charge for disclosures by a consumer reporting agency to a consumer for 2021. The maximum allowable charge will be $13.00 for 2021. I. Background Under section 609 of the FCRA, a consumer reporting agency must, upon a consumer’s request, disclose to the consumer information in the consumer’s file.1 Section 612(a) of the FCRA gives consumers the right to a free file disclosure upon request once every 12 months from the nationwide consumer reporting agencies and nationwide specialty consumer reporting agencies.2 Section 612 of the FCRA also gives consumers the right to a free file disclosure under certain other, specified 1 15 2 15 E:\FR\FM\23DER1.SGM U.S.C. 1681g. U.S.C. 1681j(a). 23DER1

Agencies

[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Rules and Regulations]
[Pages 83747-83749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28116]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / 
Rules and Regulations

[[Page 83747]]



FEDERAL RESERVE SYSTEM

12 CFR Part 228

[Regulation BB; Docket No. R-1735]
RIN 7100-AG05

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 345

RIN 3064-AF68


Community Reinvestment Act Regulations

AGENCY: Board of Governors of the Federal Reserve System (Board); 
Federal Deposit Insurance Corporation (FDIC).

ACTION: Joint final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The Board and the FDIC (collectively, the Agencies) are 
amending their Community Reinvestment Act (CRA) regulations to adjust 
the asset-size thresholds used to define ``small bank'' and 
``intermediate small bank.'' As required by the CRA regulations, the 
adjustment to the threshold amount is based on the annual percentage 
change in the Consumer Price Index for Urban Wage Earners and Clerical 
Workers (CPI-W).

DATES: Effective Date: January 1, 2021.

FOR FURTHER INFORMATION CONTACT: 
    Board: Amal S. Patel, Counsel, (202) 912-7879, or Cathy Gates, 
Senior Project Manager, (202) 452-2099, Division of Consumer and 
Community Affairs; or Gavin L. Smith, Senior Counsel, (202) 452-3474, 
Legal Division, Board of Governors of the Federal Reserve System, 20th 
Street and Constitution Avenue NW, Washington, DC 20551. For users of 
Telecommunications Device for the Deaf (TDD) contact (202) 263-4869.
    FDIC: Patience R. Singleton, Senior Policy Analyst, Supervisory 
Policy Branch, Division of Depositor and Consumer Protection, (202) 
898-6859; or Richard M. Schwartz, Counsel, Legal Division, (202) 898-
7424, Federal Deposit Insurance Corporation, 550 17th Street NW, 
Washington, DC 20429.

SUPPLEMENTARY INFORMATION: 

Background and Description of the Joint Final Rule

    The Agencies' CRA regulations establish CRA performance standards 
for small and intermediate small banks. The CRA regulations define 
small and intermediate small banks 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 CPI-W, not seasonally adjusted, 
for each 12-month period ending in November, with rounding to the 
nearest million. 12 CFR 228.12(u)(2) and 345.12(u)(2). This adjustment 
formula was first adopted for CRA purposes by the Board, the Office of 
the Comptroller of the Currency (OCC), and the FDIC on August 2, 2005, 
effective September 1, 2005. 70 FR 44256 (Aug. 2, 2005). At that time, 
the Agencies noted that the &CPI-W is also used in connection with 
other federal laws, such as the Home Mortgage Disclosure Act. See 12 
U.S.C. 2808; 12 CFR 1003.2. On March 22, 2007, and effective July 1, 
2007, the former Office of Thrift Supervision (OTS), the agency then 
responsible for regulating savings associations, adopted an annual 
adjustment formula consistent with that of the other federal banking 
agencies in its CRA rule previously set forth at 12 CFR part 563e. 72 
FR 13429 (Mar. 22, 2007).
    Pursuant to the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Dodd-Frank Act),\1\ effective July 21, 2011, CRA 
rulemaking authority for federal and state savings associations was 
transferred from the OTS to the OCC, and the OCC subsequently 
republished, at 12 CFR part 195, the CRA regulations applicable to 
those institutions.\2\ In addition, the Dodd-Frank Act transferred 
responsibility for supervision of savings and loan holding companies 
and their non-depository subsidiaries from the OTS to the Board, and 
the Board subsequently amended its CRA regulation to reflect this 
transfer of supervisory authority.\3\
---------------------------------------------------------------------------

    \1\ Public Law 111-203, 124 Stat. 1376 (2010).
    \2\ See OCC interim final rule, 76 FR 48950 (Aug. 9, 2011).
    \3\ See Board interim final rule, 76 FR 56508 (Sept. 13, 2011).
---------------------------------------------------------------------------

    On May 20, 2020, the OCC issued a CRA final rule establishing a 
revised CRA regulatory framework \4\ and has determined that it will 
adjust the asset-size criteria for institutions that are subject to 
OCC-issued CRA regulations, including national banks and federal and 
state savings associations, by a means separate from this rulemaking 
process.
---------------------------------------------------------------------------

    \4\ 85 FR 34734 (June 5, 2020). The final rule is effective 
October 1, 2020. Institutions subject to the final rule must comply 
with its provisions by October 1, 2020, January 1, 2023, or January 
1, 2024, as applicable. Id. at 34784.
---------------------------------------------------------------------------

    The threshold for small banks was revised most recently in December 
2019 and became effective January 1, 2020. 84 FR 71738 (Dec. 30, 2019). 
The current CRA regulations provide that banks that, as of December 31 
of either of the prior two calendar years, had assets of less than 
$1.305 billion are small banks. Small banks with assets of at least 
$326 million as of December 31 of both of the prior two calendar years 
and less than $1.305 billion as of December 31 of either of the prior 
two calendar years are intermediate small banks. 12 CFR 228.12(u)(1) 
and 345.12(u)(1). This joint final rule revises these thresholds.
    During the 12-month period ending November 2020, the CPI-W 
increased by 1.29 percent. As a result, the Agencies are revising 12 
CFR 228.12(u)(1) and 345.12(u)(1) to make this annual adjustment. 
Beginning January 1, 2021, banks that, as of December 31 of either of 
the prior two calendar years, had assets of less than $1.322 billion 
are small banks. Small banks with assets of at least $330 million as of 
December 31 of both of the prior two calendar years and less than 
$1.322 billion as of December 31 of either of the prior two calendar 
years are intermediate small banks. The Agencies also publish current 
and historical asset-size thresholds on the website 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

[[Page 83748]]

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 result from the 
application of a formula established by a provision in the respective 
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). As a result, 
Sec. Sec.  228.12(u)(1) and 345.12(u)(1) of the Agencies' respective 
CRA regulations are amended by adjusting the asset-size thresholds as 
provided for in Sec. Sec.  228.12(u)(2) and 345.12(u)(2).
    Accordingly, the Agencies' rules provide no discretion as to the 
computation or timing of the revisions to the asset-size criteria. For 
this reason, 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, 2021. 
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 small asset-size thresholds will be adjusted as 
of December 31 based on 12-month data as of the end of November each 
year.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) does not apply to a rulemaking 
when 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

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) 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 Office of Management and Budget (OMB) control number. The 
Agencies have determined that this final rule does not create any new, 
or revise any existing, collections of information pursuant to the 
Paperwork Reduction Act. Consequently, no information collection 
request will be submitted to the OMB for review.

Riegle Community Development and Regulatory Improvement Act of 1994

    Section 302 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (RCDRIA) (12 U.S.C. 4802) requires that each 
Federal banking agency, 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), consider, consistent with principles 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.\5\ In 
addition, new regulations and amendments to regulations that impose 
additional reporting, disclosures, or other new requirements on IDIs 
generally must 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.\6\
---------------------------------------------------------------------------

    \5\ 12 U.S.C 4802(a).
    \6\ 12 U.S.C 4802(b).
---------------------------------------------------------------------------

    Because the final rule does not impose additional reporting, 
disclosure, or other requirements on IDIs, section 302 of RCDRIA does 
not apply. Nevertheless, the requirements of section 302 of RCDRIA, and 
the administrative burdens and benefits of the final rule, were 
considered as part of the overall rulemaking process.

Congressional Review Act

FDIC

    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 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\ As required by the Congressional Review Act, the 
FDIC will submit the final rule and other appropriate reports to 
Congress and the Government Accountability Office for review.
---------------------------------------------------------------------------

    \9\ 5 U.S.C. 804(2).
---------------------------------------------------------------------------

List of Subjects

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.

Federal Reserve System

12 CFR Chapter II

    For the reasons set forth in the common preamble, the Board of 
Governors of the 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. Section 228.12 is amended by revising paragraph (u)(1) to read as 
follows:


Sec.  228.12  Definitions.

* * * * *
    (u) * * * (1) Definition. Small bank means a bank that, as of 
December 31 of either of the prior two calendar years,

[[Page 83749]]

had assets of less than $1.322 billion. Intermediate small bank means a 
small bank with assets of at least $330 billion as of December 31 of 
both of the prior two calendar years and less than $1.322 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 common 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
3. The authority citation for part 345 continues to read as follows:

    Authority: 12 U.S.C. 1814-1817, 1819-1820, 1828, 1831u and 2901-
2908, 3103-3104, and 3108(a).


0
4. Section 345.12 is amended by revising paragraph (u)(1) to read as 
follows:


Sec.  345.12   Definitions.

* * * * *
    (u) * * * (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 $1.322 billion. Intermediate small bank means a small bank 
with assets of at least $330 million as of December 31 of both of the 
prior two calendar years and less than $1.322 billion as of December 31 
of either of the prior two calendar years.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Secretary of the Board under delegated 
authority.
Ann E. Misback,
Secretary of the Board.

Federal Deposit Insurance Corporation.

    By order of the Board of Directors.

    Dated at Washington, DC, on December 15, 2020.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2020-28116 Filed 12-22-20; 8:45 am]
BILLING CODE 6210-01-P; 4810-33-P; 6714-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.