National Performance Management Measures; Extenuating Circumstances, Highway Performance Monitoring System Data Field Names, Safety Performance Measure, Pavement Condition Measure, and Freight Performance Measure, 10018-10019 [2024-02835]
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10018
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
ii. The OCC may impose conditions,
enforceable pursuant to 12 U.S.C. 1818, if it
determines that information technology
systems compatibility and integration
represent a supervisory significant concern.
These conditions may include requirements
and time frames for specific remedial actions
and specific measures for assessing and
evaluating the depository institution’s
systems integration progress.
iii. The OCC may deny the application if
the integration issues or other issues present
significant supervisory concerns, and the
issues cannot be resolved through
appropriate conditions or otherwise.
e. The OCC also considers the proposed
governance structure of the resulting
institution. This includes governance in
decision-making processes, the board
management oversight structure, and the risk
management system, including change
management. This also includes expansion of
existing activities, introduction of new or
more complex products or lines of business,
and implications for managing existing and
acquired subsidiaries and equity
investments. When applicable, the resulting
institution’s governance is also considered in
the context of the institution’s relationship
with its holding company and the scope of
the holding company’s activities.
3. Future Prospects:
a. The OCC considers the resulting
institution’s future prospects in light of its
assessment of the institutions’ financial and
managerial resources.
b. The OCC also considers the proposed
operations of the resulting institution. The
OCC’s consideration and degree of scrutiny
reflects the acquirer’s record of integrating
acquisitions.
i. The OCC considers whether the
integration of the combining institutions
would allow it to function effectively as a
single unit.
ii. The OCC considers the resulting
institution’s business plan or strategy and
management’s ability to implement it in a
safe and sound manner.
iii. The OCC also considers the
combination’s potential impact on the
resulting institution’s continuity planning
and operational resilience.
V. Convenience and Needs
A. The OCC considers the probable effects
of the proposed business combination on the
community to be served. Review of the
convenience and needs factor is prospective
and considers the likely impact on the
community of the resulting institution after
the transaction is consummated, including
but not limited to:
1. any plans to close, expand, consolidate,
or limit branches or branching services,
including in low- or moderate-income (LMI)
areas;
2. any plans to reduce the availability or
increase the cost of banking services or
products, or plans to provide expanded or
less costly banking services or products to
the community;
3. credit availability throughout the
community, including, for example, home
mortgage, consumer, small business, and
small farm loans;
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16:08 Feb 12, 2024
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4. job losses or reduced job opportunities
from branch staffing changes, including
branch closures or consolidations;
5. community investment or development
initiatives, including, for example,
community reinvestment, community
development investment, and community
outreach and engagement strategies; and
6. efforts to support affordable housing
initiatives and small businesses.
B. The OCC considers comments received
during the comment period and information
provided during any public hearing or
meeting for proposed business combinations.
To the extent public comments or
discussions address issues involving
confidential supervisory information,
however, the OCC generally will not discuss
or otherwise disclose that confidential
supervisory information in public decision
letters and forums.
C. The OCC considers the CRA record of
performance of an applicant in evaluating a
business combination application. The OCC’s
forward-looking evaluation of the
convenience and needs factor under the BMA
is separate and distinct from its consideration
of the CRA record of performance of an
applicant in helping to meet the credit needs
of the relevant community, including LMI
neighborhoods.
VI. Public Comments and Meetings
A. Public Comments
1. Unless an exception applies, a
combination under the BMA is subject to a
30-day comment period following
publication of the notice of the proposed
combination. The OCC may extend the
comment period in certain instances:
a. when a filer fails to file all required
publicly available information on a timely
basis or makes a request for confidential
treatment not granted by the OCC;
b. when requested and the OCC determines
that additional time is necessary to develop
factual information necessary to consider the
filing; and
c. when the OCC determines that other
extenuating circumstances exist.
2. The OCC may find that additional time
is necessary to develop factual information if
a filer’s response to a comment does not fully
address the matters raised in the comment,
and the commenter requests an opportunity
to respond.
3. Examples of extenuating circumstances
necessitating an extension include:
a. transactions in which public meetings
are held to allow for public comment after
the meeting;
b. unusual transactions (e.g., novel or
complex transactions); and
c. natural or other disasters occurring in
geographic regions affecting the public’s
ability to timely submit comments.
B. Public Meetings
1. While the BMA does not require the
OCC to hold meetings or hearings, the OCC
has three methods for seeking oral input: (1)
public hearing, (2) public meeting, and (3)
private meeting. Public meetings are the
most-employed public option.
2. The OCC will balance the public’s
interest in the transaction with the value or
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Fmt 4702
Sfmt 4702
harm of a public meeting to the decisionmaking process (e.g., although there may be
increased public interest in a transaction, a
public meeting will not be held if it would
not inform the OCC’s decision on an
application or would otherwise harm the
decision-making process).
3. Criteria informing the OCC’s decision on
whether to hold public meetings include:
a. the extent of public interest in the
proposed transaction.
b. whether a public meeting is appropriate
in order to document or clarify issues
presented by a particular transaction based
on issues the public raises during the public
comment process.
c. whether a public meeting would provide
useful information that the OCC would not
otherwise be able to obtain in writing.
d. the significance of the transaction to the
banking industry. Relevant considerations
may include the asset sizes of the institutions
involved (e.g., resulting institution will have
$50 billion or more in total assets), and
concentration of the resulting institution in
one or more markets.
e. the significance of the transaction to the
communities affected. Relevant
considerations may include the effects of the
transaction on the convenience and needs of
the community to be served, including a
consideration of a bank’s CRA strategy and
the extent to which the acquirer and target
are currently serving the convenience and
needs of their communities.
f. the acquirer’s and target’s CRA,
consumer compliance, fair lending, and other
pertinent supervisory records, as applicable.
Michael J. Hsu,
Acting Comptroller of the Currency.
[FR Doc. 2024–02663 Filed 2–12–24; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 490
[FHWA Docket No. FHWA–2023–0014]
RIN 2125–AG06
National Performance Management
Measures; Extenuating Circumstances,
Highway Performance Monitoring
System Data Field Names, Safety
Performance Measure, Pavement
Condition Measure, and Freight
Performance Measure
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Proposed rule; extension of
comment period.
AGENCY:
The FHWA is extending the
comment period for a notice of
proposed rulemaking (NPRM) and
request for comments, which was
published on January 25, 2024. The
SUMMARY:
E:\FR\FM\13FEP1.SGM
13FEP1
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
original comment period is set to close
on February 26, 2024. The extension is
based on concern expressed by
stakeholders that the February 26, 2024,
closing date does not provide sufficient
time to review and provide
comprehensive comments. The FHWA
recognizes that others interested in
commenting may have similar concerns
and agrees that the comment period
should be extended. Therefore, the
closing date for comments is changed to
March 12, 2024, which will provide
stakeholders and others interested in
commenting additional time to discuss,
evaluate, and submit responses to the
docket.
DATES: Comments must be received on
or before March 12, 2024. Late-filed
comments will be considered to the
extent practicable.
ADDRESSES: To ensure that you do not
duplicate your docket submissions,
please submit them by only one of the
following means:
• Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590;
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, between 9:00
a.m.–5:00 p.m., e.t., Monday through
Friday, except Federal holidays. The
telephone number is (202) 366–9329;
• Instructions: You must include the
agency name and docket number or the
Regulatory Identification Number for
the rulemaking at the beginning of your
comments. All comments received will
be posted without change to
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mrs.
Alexis Kuklenski, Office of
Infrastructure, (202) 689–9229,
Alexis.Kuklenski@dot.gov, or Ms. Dawn
Horan, Office of the Chief Counsel, (202)
366–9615, Dawn.M.Horan@dot.gov,
Federal Highway Administration, 1200
New Jersey Avenue SE, Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document and all comments
received may be viewed online through
the Federal eRulemaking portal at
www.regulations.gov. The website is
available 24 hours each day, 365 days
each year. An electronic copy of this
document may also be downloaded by
accessing the Office of the Federal
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16:08 Feb 12, 2024
Jkt 262001
Register’s home page at:
www.federalregister.gov.
Background
On January 25, 2024, at 89 FR 4857,
FHWA published in the Federal
Register an NPRM proposing updates to
the National Performance Management
Measure regulations. The original
comment period for the NPRM closes on
February 26, 2024. Stakeholders have
expressed concern that this closing date
does not provide sufficient time to
review and provide comprehensive
comments on the proposal. The FHWA
recognizes that others interested in
commenting may have similar concerns
and agrees that the comment period
should be extended by 15 days for these
organizations and others to submit
comprehensive comments. The closing
date is changed from February 26, 2024,
to March 12, 2024.
Authority: 23 U.S.C. 134, 135, 148, and
150; 49 CFR 1.85.
10019
January 19, 2024, proposing a series of
shipping safety fairways along the
Atlantic Coast (89 FR 3587). If you want
to submit comments or related material
on the proposed rule they must be
received by the Coast Guard on or before
April 18, 2024.
In order to visualize the dimensions
of the proposed fairways, many
stakeholders reached out and asked for
the geographic information system (GIS)
files that chart the fairways. A GIS file
displays geographically referenced
information, in this case the location
and dimensions of the proposed
fairways. These files are now available
for public access at https://www.navcen.
uscg.gov/rulemaking-files.
This document is issued under
authority found in 5 U.S.C. 552(a).
Dated: February 6, 2024.
Steven E. Ramassini,
Captain, United States Coast Guard, Chief,
Office of Navigation Systems.
[FR Doc. 2024–02769 Filed 2–12–24; 8:45 am]
BILLING CODE 9110–04–P
Shailen P. Bhatt,
Administrator, Federal Highway
Administration.
[FR Doc. 2024–02835 Filed 2–12–24; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
DEPARTMENT OF HOMELAND
SECURITY
43 CFR Part 11
[Docket No. DOI–2022–0016; 24XD1618EN,
DS61600000, DMNHQ0000.000000]
Coast Guard
RIN 1090–AB26
33 CFR Parts 166 and 167
Natural Resource Damages for
Hazardous Substances
[Docket No. USCG–2019–0279]
AGENCY:
Office of Restoration and
Damage Assessment, Interior.
ACTION: Notice of Tribal consultation
meetings and extension of public
comment period.
ACTION:
SUMMARY:
Shipping Safety Fairways Along the
Atlantic Coast; Geographic Information
System Files
Coast Guard, DHS.
Notice of availability.
The Coast Guard published a
proposed rule detailing the potential
establishment of shipping safety
fairways along the Atlantic coast. In
order to help stakeholders visualize the
proposed fairways, the Coast Guard is
making geographic information system
files available for public access.
DATES: Comments submitted on the
proposed rule published January 19,
2024, at 89 FR 3587, must be received
by the Coast Guard on or before April
18, 2024.
FOR FURTHER INFORMATION CONTACT: For
information about this document call or
email Maureen Kallgren, Coast Guard;
telephone 202–372–1561, email
Maureen.R.Kallgren2@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard published a proposed rule on
SUMMARY:
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Fmt 4702
Sfmt 4702
AGENCY:
The Department of the
Interior is announcing the dates of
Tribal consultation meetings to gather
information to revise the simplified
Type A procedures in the regulations for
conducting natural resource damage
assessment and restoration for
hazardous substance releases. We are
also extending the comment period on
our Notice of Proposed Rulemaking
issued on January 5, 2024.
DATES: The public comment period on
our request for information notice that
published on January 5, 2024, at 89 FR
733 is extended. Interested persons are
invited to submit comments by 11:59
p.m. April 5, 2024.
The Office of Restoration and Damage
Assessment will host virtual Tribal
consultation sessions at the dates and
times below. Please use the following
links to register for one of the sessions:
E:\FR\FM\13FEP1.SGM
13FEP1
]]>Agencies
[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Proposed Rules]
[Pages 10018-10019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02835]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 490
[FHWA Docket No. FHWA-2023-0014]
RIN 2125-AG06
National Performance Management Measures; Extenuating
Circumstances, Highway Performance Monitoring System Data Field Names,
Safety Performance Measure, Pavement Condition Measure, and Freight
Performance Measure
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Proposed rule; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: The FHWA is extending the comment period for a notice of
proposed rulemaking (NPRM) and request for comments, which was
published on January 25, 2024. The
[[Page 10019]]
original comment period is set to close on February 26, 2024. The
extension is based on concern expressed by stakeholders that the
February 26, 2024, closing date does not provide sufficient time to
review and provide comprehensive comments. The FHWA recognizes that
others interested in commenting may have similar concerns and agrees
that the comment period should be extended. Therefore, the closing date
for comments is changed to March 12, 2024, which will provide
stakeholders and others interested in commenting additional time to
discuss, evaluate, and submit responses to the docket.
DATES: Comments must be received on or before March 12, 2024. Late-
filed comments will be considered to the extent practicable.
ADDRESSES: To ensure that you do not duplicate your docket submissions,
please submit them by only one of the following means:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590;
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, between 9:00 a.m.-5:00 p.m., e.t., Monday
through Friday, except Federal holidays. The telephone number is (202)
366-9329;
Instructions: You must include the agency name and docket
number or the Regulatory Identification Number for the rulemaking at
the beginning of your comments. All comments received will be posted
without change to www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Mrs. Alexis Kuklenski, Office of
Infrastructure, (202) 689-9229, [email protected], or Ms. Dawn
Horan, Office of the Chief Counsel, (202) 366-9615,
[email protected], Federal Highway Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document and all comments received may be viewed online
through the Federal eRulemaking portal at www.regulations.gov. The
website is available 24 hours each day, 365 days each year. An
electronic copy of this document may also be downloaded by accessing
the Office of the Federal Register's home page at:
www.federalregister.gov.
Background
On January 25, 2024, at 89 FR 4857, FHWA published in the Federal
Register an NPRM proposing updates to the National Performance
Management Measure regulations. The original comment period for the
NPRM closes on February 26, 2024. Stakeholders have expressed concern
that this closing date does not provide sufficient time to review and
provide comprehensive comments on the proposal. The FHWA recognizes
that others interested in commenting may have similar concerns and
agrees that the comment period should be extended by 15 days for these
organizations and others to submit comprehensive comments. The closing
date is changed from February 26, 2024, to March 12, 2024.
Authority: 23 U.S.C. 134, 135, 148, and 150; 49 CFR 1.85.
Shailen P. Bhatt,
Administrator, Federal Highway Administration.
[FR Doc. 2024-02835 Filed 2-12-24; 8:45 am]
BILLING CODE 4910-22-P
