80 FR 62443 - Nondiscrimination on the Basis of Disability Minority and Women Outreach Program Contracting
FEDERAL DEPOSIT INSURANCE CORPORATION Federal Register Volume 80, Issue 200 (October 16, 2015)
Federal Register Volume 80, Issue 200 (October 16, 2015)
| Page Range | 62443-62445 | |
| FR Document | 2015-26391 |
[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)] [Rules and Regulations] [Pages 62443-62445] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26391] ======================================================================= ----------------------------------------------------------------------- FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 352 and 361 RIN 3064-AE35 Nondiscrimination on the Basis of Disability Minority and Women Outreach Program Contracting AGENCY: Federal Deposit Insurance Corporation (FDIC). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The FDIC is updating its regulations, Nondiscrimination on the Basis of Disability, and Minority and Women Outreach Program Contracting, to reflect a name change from the Agency's Office of Diversity and Economic Opportunity (ODEO) to the Office of Minority and Women Inclusion (OMWI). DATES: This final rule will become effective on October 16, 2015. [[Page 62444]] FOR FURTHER INFORMATION CONTACT: Melodee Brooks, Senior Deputy Director, Office of Minority and Women Inclusion, (703) 562-6090; or Robert Lee, Counsel, Legal Division, (703) 562-2020, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429-0002. SUPPLEMENTARY INFORMATION: I. Background Following a recent review, the FDIC is updating 12 CFR parts 352 and 361 to reflect a name change from the FDIC Office of Diversity and Economic Opportunity to the FDIC Office of Minority and Women Inclusion. Part 352 is the FDIC's regulation on nondiscrimination on the basis of disability and is intended to implement sections 504 and 508 of the Rehabilitation Act of 1973, as amended. Section 504 prohibits discrimination on the basis of disability in programs and activities conducted by a federal executive agency. Section 508 requires federal agencies to utilize electronic and information technology that is designed to allow individuals with disabilities access that is comparable to the access of those who are not disabled, unless such agency would incur an undue burden. Subsections 352.9(b) and 352.10 set forth information that is no longer accurate, as the Office of Diversity and Economic Opportunity's responsibilities and employees were transferred to the Office of Minority and Women Inclusion, a new office established by the FDIC Board of Directors pursuant to Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Act). Section 342 of the Act is codified at 12 U.S.C. 5452. The remaining contact information for OMWI remains the same as that of the predecessor office--3501 N. Fairfax Drive, Arlington, VA 22226; (877) 275-3342 or (703) 562-2473 (TTY). Part 361 established in regulatory form the FDIC's Minority and Woman Outreach Program (MWOP) to ensure that minority- and women-owned businesses (MWOBs) are given the opportunity to participate fully in all contracts entered into by the FDIC as it is the FDIC's policy that minorities and women, and businesses owned by them have the maximum practicable opportunity to participate in contracts awarded by the FDIC. Subsections 361.5 and 361.6(a) set forth information that is no longer accurate, as the Office of Diversity and Economic Opportunity's responsibilities and employees have been transferred to the Office of Minority and Women Inclusion. II. Final Rule The final rule for parts 352 and 361 updates the name of the FDIC Office of Diversity and Economic Opportunity (ODEO) to the FDIC Office of Minority and Women Inclusion (OMWI). The amendments are procedural and non-substantive in nature, and would update the regulations to be consistent with the FDIC's practices and procedures. The revisions to each of the sections cited below in the List of Subjects simply reflect the change in office name. III. Exemption From Public Notice and Comment Section 553 of the Administrative Procedure Act (APA)(5 U.S.C. 553) sets forth requirements for providing the general public notice of, and the opportunity to comment on, proposed agency rules. However, unless notice or hearing is required by statute, those requirements do not apply: (A) To interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) When the agency for good cause finds (and incorporates the findings 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. 5 U.S.C. 553(b). The FDIC is updating parts 352 and 361 to reflect a name change from the FDIC Office of Diversity and Economic Opportunity to the FDIC Office of Minority and Women Inclusion. Since the changes relate to agency organization, procedure, or practice, and because the FDIC has determined for good cause that public notice and comment are unnecessary, the rules are being published in final form without public notice and comment. IV. Effective Dates Section 553 of the APA provides that a regulation shall not be made effective less than 30 days after its publication in the Federal Register except, among other things, upon a finding of ``good cause'' by the agency. (5 U.S.C. 553(d)). The FDIC finds that there is good cause to make the amendments to parts 352 and 361 effective immediately upon publication in the Federal Register because the name change from the Office of Diversity and Economic Opportunity (ODEO) to the Office of Minority and Women Inclusion (OMWI) is procedural and non- substantive. V. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) does not apply to a rulemaking where a general notice of proposed rulemaking is not required. (5 U.S.C. 603 and 604). As noted previously, the FDIC has determined that it is unnecessary to publish a notice of proposed rulemaking for the final rule amending part 352. Accordingly, the RFA's requirements relating to an initial and final regulatory flexibility analysis do not apply to this rulemaking for parts 352 and 361. VI. The Paperwork Reduction Act The final rule for parts 352 and 361 does not contain any requirements for the collection of information pursuant to the Paperwork Reduction Act (44 U.S.C. 3501, et seq.). VII. The Treasury and General Government Appropriations Act, 1999-- Assessment of Federal Regulations and Policies on Families The FDIC has determined that the final rule for parts 352 and 361 will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, enacted as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Pub. L. 105-277, 112 Stat. 2681). VIII. Small Business Regulatory Enforcement Fairness Act The Office of Management and Budget has determined that the final rule for parts 352 and 361 is not a ``major rule'' within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)(Title II, Pub. L. 104-121). As required by SBREFA, the FDIC will file appropriate reports with Congress and the Government Accountability Office so that the final rule for parts 352 or 361 may be reviewed. List of Subjects 12 CFR Part 352 Nondiscrimination on the basis of disability, Access to electronic and information technology, Employment, Communications. 12 CFR Part 361 Minority and Women Outreach Program Contracting. Authority and Issuance For the reason set forth in the preamble, parts 352 and 361 of Chapter III of title 12 of the Code of Federal Regulations are amended as follows: PART 352--NONDISCRIMINATION ON THE BASIS OF DISABILITY 0 1. The authority citation for part 352 continues to read as follows: [[Page 62445]] Authority: 12 U.S.C. 1819(a), 29 U.S.C. 794d. Sec. 352.9 [Amended] 0 2. Amend Sec. 352.9(b) by removing the term ``Office of Diversity and Economic Opportunity (ODEO)'' and adding in its place ``Office of Minority and Women Inclusion (OMWI).'' Sec. 352.10 [Amended] 0 3. Amend Sec. 352.10: 0 a. In paragraph (c) by removing the term ``Office of Diversity and Economic Opportunity'' and adding in its place ``Office of Minority and Women Inclusion'' wherever it occurs and by removing the term ``ODEO'' and adding in its place ``OMWI'' wherever it occurs; and 0 b. In paragraphs (e) introductory text, (g), (h), and (i) by removing the term ``ODEO'' and adding in its place ``OMWI'' wherever it occurs. PART 361--MINORITY AND WOMEN OUTREACH PROGRAM CONTRACTING 0 4. The authority citation for part 361 continues to read as follows: Authority: 12 U.S.C. 1833e. Sec. 361.5 [Amended] 0 9. Amend Sec. 361.5, in paragraph (a), by removing the term ``Office of Diversity and Economic Opportunity (ODEO)'' and adding in its place ``Office of Minority and Women Inclusion (OMWI)'' and in paragraphs (a) and (b), by removing the term ``ODEO'' and adding in its place ``OMWI.'' Sec. 361.6 [Amended] 0 10. Revise Sec. 361.6(a) by removing the term ``ODEO'' and adding in its place ``OMWI'' wherever it occurs. Dated this 13th day of October, 2015. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2015-26391 Filed 10-15-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Rules and Regulations 62443
consumption (Ccn), and electrical energy where: 4.2.13 Integrated water factor. Calculate
consumption (Ecn) shall be measured for a A and B are the coefficients of the RMC the integrated water factor, IWF, expressed in
cold wash/cold rinse energy test cycle, with correction curve as defined in section 6.1 gallons per cycle per cubic foot (or liters per
the controls set for the minimum water fill of appendix J3 to this subpart. cycle per liter), as:
level. The minimum test load size is to be IWF = QT/C
RMCx = As defined in section 3.8.2.5 of this
used and shall be determined per Table 5.1
appendix. where:
of this appendix.
3.6.3 Average test load and water fill. For * * * * * QT = As defined in section 4.2.11 of this
clothes washers with an automatic water fill 3.8.3.2 Apply the RMC correction curve appendix.
control system, measure the values for hot described in section 7 of appendix J3 to this C = As defined in section 3.1.7 of this
water consumption (Hca), cold water subpart to calculate the corrected remaining appendix.
consumption (Cca), and electrical energy moisture content for Cold Wash/Cold Rinse, * * * * *
consumption (Eca) for a cold wash/cold rinse RMCCOLD,corr, expressed as a percentage, as 4.5 Modified energy factor. Calculate the
energy test cycle, with an average test load follows: modified energy factor, MEF, expressed in
size as determined per Table 5.1 of this RMCCOLD,corr = (A × RMCCOLD + B) × 100% cubic feet per kilowatt-hour per cycle (or
appendix. where: liters per kilowatt-hour per cycle) and
* * * * * defined as:
A and B are the coefficients of the RMC
3.7.1 For the rinse only, measure the correction curve as defined in section 6.1 MEF = C/(ETE + DE)
amount of hot water consumed by the clothes of appendix J3 to this subpart. where:
washer including all deep and spray rinses,
for the maximum (Rx), minimum (Rn), and, if RMCCOLD = As defined in section 3.8.3.1 of C = As defined in section 3.1.7 of this
required by section 3.5.3 of this appendix, this appendix. appendix.
average (Ra) test load sizes or water fill levels. * * * * * ETE = As defined in section 4.1.7 of this
3.7.2 Measure the amount of electrical 3.8.3.4 Apply the RMC correction curve appendix.
energy consumed by the clothes washer to described in section 7 of appendix J3 to this DE = As defined in section 4.3 of this
heat the rinse water only, including all deep subpart to calculate the corrected remaining appendix.
and spray rinses, for the maximum (ERx), moisture content for Warm Wash/Warm 4.6 Integrated modified energy factor.
minimum (ERn), and, if required by section Rinse, RMCWARM,corr, expressed as a Calculate the integrated modified energy
3.5.3 of this appendix, average (ERa) test load percentage, as follows: factor, IMEF, expressed in cubic feet per
sizes or water fill levels. RMCWARM,corr = (A × RMCWARM + B) × 100% kilowatt-hour per cycle (or liters per
* * * * * kilowatt-hour per cycle) and defined as:
where:
4.2.3 Water factor. Calculate the water IMEF = C/(ETE + DE + ETLP)
A and B are the coefficients of the RMC
factor, WF, expressed in gallons per cycle per correction curve as defined in section 6.1 where:
cubic foot (or liters per cycle per liter), as: of appendix J3 to this subpart. C = As defined in section 3.1.7 of this
WF = QT/C RMCWARM = As defined in section 3.8.3.3 of appendix.
where: this appendix. ETE = As defined in section 4.1.7 of this
QT = As defined in section 4.2.2 of this appendix.
* * * * * DE = As defined in section 4.3 of this
appendix. 4.2.4 Per-cycle water consumption for
C = As defined in section 3.1.6 of this appendix.
Warm Wash/Warm Rinse. Calculate the ETLP = As defined in section 4.4 of this
appendix. maximum, average, and minimum total water appendix.
* * * * * consumption, expressed in gallons per cycle
4.4 Modified energy factor. Calculate the (or liters per cycle), for the Warm Wash/ * * * * *
Warm Rinse cycle and defined as: [FR Doc. 2015–25963 Filed 10–15–15; 8:45 am]
modified energy factor, MEF, expressed in
cubic feet per kilowatt-hour per cycle (or BILLING CODE 6450–01–P
Qwwmax = [Hwwx + Cwwx]
liters per kilowatt-hour per cycle) and Qwwavg = [Hwwa + Cwwa]
defined as: Qwwmin = [Hwwn + Cwwn]
MEF = C/(ETE + DE) where: FEDERAL DEPOSIT INSURANCE
where: Hwwx, Cwwx, Hwwa, Cwwa, Hwwn, and CORPORATION
C = As defined in section 3.1.6 of this Cwwn are defined in section 3.6 of this
appendix. appendix. 12 CFR Parts 352 and 361
ETE = As defined in section 4.1.7 of this 4.2.5 Per-cycle water consumption for Cold
appendix. Wash/Cold Rinse. Calculate the maximum, RIN 3064–AE35
DE = As defined in section 4.3 of this average, and minimum total water
appendix. consumption, expressed in gallons per cycle Nondiscrimination on the Basis of
* * * * * (or liters per cycle), for the Cold Wash/Cold Disability Minority and Women
■ 3. Appendix J2 to subpart B of part
Rinse cycle and defined as: Outreach Program Contracting
430 is amended by revising sections Qcmax = [Hcx + Ccx]
Qcavg = [Hca + Cca] AGENCY: Federal Deposit Insurance
3.8.2.6, 3.8.3.2, 3.8.3.4, 4.2.4, 4.2.5, Corporation (FDIC).
Qcmin = [Hcn + Ccn]
4.2.12, 4.2.13, 4.5, and 4.6 to read as
where: ACTION: Final rule.
follows:
Hcx, Ccx, Hca, Cca, Hcn, and Ccn are defined
Appendix J2 to Subpart B of Part 430— in section 3.7 of this appendix. SUMMARY: The FDIC is updating its
Uniform Test Method for Measuring the regulations, Nondiscrimination on the
* * * * *
Energy Consumption of Automatic and 4.2.12 Water factor. Calculate the water
Basis of Disability, and Minority and
asabaliauskas on DSK5VPTVN1PROD with RULES
Semi-Automatic Clothes Washers factor, WF, expressed in gallons per cycle per Women Outreach Program Contracting,
cubic foot (or liters per cycle per liter), as: to reflect a name change from the
* * * * * Agency’s Office of Diversity and
3.8.2.6 Apply the RMC correction curve WF = QcT/C
described in section 7 of appendix J3 to this where:
Economic Opportunity (ODEO) to the
subpart to calculate the corrected remaining Office of Minority and Women
QcT = As defined in section 4.2.10 of this
moisture content, RMCcorr, expressed as a appendix.
Inclusion (OMWI).
percentage as follows: C = As defined in section 3.1.7 of this DATES: This final rule will become
RMCcorr = (A × RMCx + B) × 100% appendix. effective on October 16, 2015.
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![Federal Register / Vol. 80, No. 200 / Friday, October 16, 2015 / Rules and Regulations 62445
Authority: 12 U.S.C. 1819(a), 29 U.S.C. DEPARTMENT OF TRANSPORTATION Subtitle I, Section 106 describes the
794d. authority of the FAA Administrator.
Federal Aviation Administration Subtitle VII, Aviation Programs,
§ 352.9 [Amended]
describes in more detail the scope of the
14 CFR Part 71 agency’s authority. This rulemaking is
■ 2. Amend § 352.9(b) by removing the promulgated under the authority
term ‘‘Office of Diversity and Economic [Docket No. FAA–2015–0252; Airspace
Docket No. 15–AEA–1] described in Subtitle VII, Part, A,
Opportunity (ODEO)’’ and adding in its Subpart I, Section 40103. Under that
place ‘‘Office of Minority and Women Amendment of Class E Airspace; section, the FAA is charged with
Inclusion (OMWI).’’ Ashland, VA prescribing regulations to assign the use
of airspace necessary to ensure the
§ 352.10 [Amended] AGENCY: Federal Aviation safety of aircraft and the efficient use of
Administration (FAA), DOT. airspace. This regulation is within the
■ 3. Amend § 352.10: ACTION: Final rule. scope of that authority as it amends
■ a. In paragraph (c) by removing the Class E airspace at Hanover County
SUMMARY: This action amends Class E
term ‘‘Office of Diversity and Economic Municipal Airport, Ashland, VA.
Airspace at Ashland, VA as new
Opportunity’’ and adding in its place Standard Instrument Approach History
‘‘Office of Minority and Women Procedures have been developed at
Inclusion’’ wherever it occurs and by On March 9, 2015, the FAA published
Hanover County Municipal Airport. in the Federal Register a notice of
removing the term ‘‘ODEO’’ and adding This action enhances the safety and
in its place ‘‘OMWI’’ wherever it occurs; proposed rulemaking (NPRM) to amend
airspace management of Instrument Class E airspace extending upward from
and Flight Rules (IFR) operations at the 700 feet above the surface at Hanover
■ b. In paragraphs (e) introductory text, airport. This action also updates the County Municipal Airport, Ashland,
(g), (h), and (i) by removing the term geographic coordinates of the airport. VA. (80 FR 12357). Interested parties
‘‘ODEO’’ and adding in its place DATES: Effective 0901 UTC, December were invited to participate in this
‘‘OMWI’’ wherever it occurs. 10, 2015. The Director of the Federal rulemaking effort by submitting written
Register approves this incorporation by comments on the proposal to the FAA.
PART 361—MINORITY AND WOMEN reference action under title 1, Code of No comments were received.
OUTREACH PROGRAM Federal Regulations, part 51, subject to Class E airspace designations are
CONTRACTING the annual revision of FAA Order published in paragraph 6005 of FAA
7400.9 and publication of conforming Order 7400.9Z dated August 6, 2015,
■ 4. The authority citation for part 361 amendments. and effective September 15, 2015, which
continues to read as follows: ADDRESSES: FAA Order 7400.9Z, is incorporated by reference in 14 CFR
Airspace Designations and Reporting part 71.1. The Class E airspace
Authority: 12 U.S.C. 1833e.
Points, and subsequent amendments can designations listed in this document
§ 361.5 [Amended] be viewed on line at http:// will be published subsequently in the
www.faa.gov/airtraffic/publications/. Order.
■ 9. Amend § 361.5, in paragraph (a), by For further information, you can contact Availability and Summary of
removing the term ‘‘Office of Diversity the Airspace Policy and Regulations Documents for Incorporation by
and Economic Opportunity (ODEO)’’ Group, Federal Aviation Reference
and adding in its place ‘‘Office of Administration, 800 Independence
This document amends FAA Order
Minority and Women Inclusion Avenue SW., Washington, DC 20591;
7400.9Z, Airspace Designations and
(OMWI)’’ and in paragraphs (a) and (b), telephone: 202–267–8783. The Order is
Reporting Points, dated August 6, 2015,
by removing the term ‘‘ODEO’’ and also available for inspection at the
and effective September 15, 2015. FAA
adding in its place ‘‘OMWI.’’ National Archives and Records
Order 7400.9Z is publicly available as
Administration (NARA). For
listed in the ADDRESSES section of this
§ 361.6 [Amended] information on the availability of this
document. FAA Order 7400.9Z lists
material at NARA, call 202–741–6030,
Class A, B, C, D, and E airspace areas,
■ 10. Revise § 361.6(a) by removing the or go to http://www.archives.gov/
air traffic service routes, and reporting
term ‘‘ODEO’’ and adding in its place federal_register/code_of_federal-
points.
‘‘OMWI’’ wherever it occurs. regulations/ibr_locations.html.
FAA Order 7400.9, Airspace The Rule
Dated this 13th day of October, 2015.
Designations and Reporting Points, is This amendment to Title 14, Code of
Federal Deposit Insurance Corporation. published yearly and effective on Federal Regulations (14 CFR) part 71
Robert E. Feldman, September 15. amends Class E airspace extending
Executive Secretary. FOR FURTHER INFORMATION CONTACT: John upward from 700 feet above the surface
[FR Doc. 2015–26391 Filed 10–15–15; 8:45 am] Fornito, Operations Support Group, within a 7-mile radius of Hanover
BILLING CODE P Eastern Service Center, Federal Aviation County Municipal Airport, Ashland,
Administration, P.O. Box 20636, VA, providing the controlled airspace
asabaliauskas on DSK5VPTVN1PROD with RULES
Atlanta, Georgia 30320; telephone (404) required to support the new standard
305–6364. instrument approach procedures for IFR
SUPPLEMENTARY INFORMATION: operations at the airport. The geographic
coordinates of the airport are adjusted to
Authority for This Rulemaking be in concert with the FAAs
The FAA’s authority to issue rules aeronautical database.
regarding aviation safety is found in Class E airspace designations are
Title 49 of the United States Code. published in Paragraph 6005 of FAA
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Document Created: 2015-12-14 15:23:59
Document Modified: 2015-12-14 15:23:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule will become effective on October 16, 2015. | |
| Contact | Melodee Brooks, Senior Deputy Director, Office of Minority and Women Inclusion, (703) 562-6090; or Robert Lee, Counsel, Legal Division, (703) 562-2020, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429-0002. | |
| FR Citation | 80 FR 62443 | |
| RIN Number | 3064-AE35 | |
| CFR Citation | 12
CFR
352 12 CFR 361 | |
| CFR Associated | Nondiscrimination on the Basis of Disability; Access to Electronic and Information Technology; Employment; Communications and Minority and Women Outreach Program Contracting |
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