82_FR_5365 82 FR 5354 - Community Reinvestment Act Regulations

82 FR 5354 - Community Reinvestment Act Regulations

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range5354-5356
FR Document2016-31928

The OCC, 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'' or ``small savings association'' and ``intermediate small bank'' or ``intermediate small savings association.'' 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). The FDIC is also amending its CRA Notice requirements to reflect two technical changes concerning the manner in which the agency will receive public comments considered in the CRA examination process.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Rules and Regulations]
[Pages 5354-5356]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31928]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Parts 25 and 195

[Docket ID OCC-2016-0031]
RIN 1557-AE11

FEDERAL RESERVE SYSTEM

12 CFR Part 228

[Regulation BB; Docket No. R-1554]
RIN 7100-AE64

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 345

RIN 3064-AD90


Community Reinvestment Act Regulations

AGENCY: Office of the Comptroller of the Currency, Treasury (OCC); 
Board of Governors of the Federal Reserve System (Board); and Federal 
Deposit Insurance Corporation (FDIC).

ACTION: Joint final rule; technical amendment.

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

SUMMARY: The OCC, 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'' or 
``small savings association'' and ``intermediate small bank'' or 
``intermediate small savings association.'' 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). The FDIC is also amending its CRA 
Notice requirements to reflect two technical changes concerning the 
manner in which the agency will receive public comments considered in 
the CRA examination process.

DATES: Effective January 18, 2017.

FOR FURTHER INFORMATION CONTACT: 
    OCC: Emily Boyes, Attorney, Community and Consumer Law Division, 
(202) 649-6350; Marta E. Stewart-Bates, Attorney, Legislative and 
Regulatory Activities Division, (202) 649-5490; for persons who are 
deaf or hard of hearing, TTY, (202) 649-5597; or Bobbie K. Kennedy, 
Bank Examiner, Compliance Policy Division, (202) 649-5470, Office of 
the Comptroller of the Currency, 400 7th Street SW., Washington, DC 
20219.
    Board: Amal S. Patel, Senior Supervisory Consumer Financial 
Services Analyst, (202) 912-7879; or Nikita Pastor, Senior Counsel, 
(202) 452-3667, Division of Consumer and Community Affairs, Board of 
Governors of the Federal Reserve System, 20th Street and Constitution 
Avenue NW., Washington, DC 20551.
    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 and savings associations. The 
CRA regulations define small and intermediate small banks and savings 
associations 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 
25.12(u)(2), 195.12(u)(2), 228.12(u)(2), and 345.12(u)(2). This 
adjustment formula was first adopted for CRA purposes by the OCC, the 
Board, and the FDIC on August 2, 2005, effective September 1, 2005. 70 
FR 44256 (Aug. 2, 2005). 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, 
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 
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 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).
---------------------------------------------------------------------------

    The threshold for small banks and small savings associations was 
revised most recently in December 2015 and became effective January 1, 
2016. 80 FR 81162 (Dec. 29, 2015). The current CRA regulations provide 
that banks and savings associations that, as of December 31 of either 
of the prior two calendar years, had assets of less than $1.216 billion 
are small banks or small savings associations. Small banks and small 
savings associations with assets of at least $304 million as of 
December 31 of both of the prior two calendar years and less than 
$1.216 billion as of December 31 of either of the prior two calendar 
years are intermediate small banks or intermediate small savings 
associations. 12 CFR 25.12(u)(1), 195.12(u)(1), 228.12(u)(1), and 
345.12(u)(1). This joint final rule revises these thresholds.
    During the 12-month period ending November 2016, the CPI-W 
increased by 0.84 percent. As a result, the Agencies are revising 12 
CFR 25.12(u)(1), 195.12(u)(1), 228.12(u)(1), and 345.12(u)(1) to make 
this annual adjustment. Beginning January 18, 2017, banks and savings 
associations that, as of December 31 of either of the prior two 
calendar years, had assets of less than $1.226 billion are small banks 
or small savings associations. Small banks and small savings 
associations with assets of at least $307 million as of December 31 of 
both of the prior two calendar years and less than $1.226 billion as of 
December 31 of either of the prior two calendar years are intermediate 
small banks or intermediate small savings associations. The Agencies 
also publish

[[Page 5355]]

current and historical asset-size thresholds on the Web site of the 
Federal Financial Institutions Examination Council at http://www.ffiec.gov/cra/.
    The FDIC is also amending its CRA Notice requirements located at 
Appendix B to Part 345. The current appendix states that Regional 
Managers are the proper agency officials responsible for both making 
available, upon request, lists of the banks scheduled for CRA 
examination in any particular quarter and receiving any public comment 
regarding the CRA performance of any of those banks. Since that 
language was published, a technical change was made to the responsible 
official's title from Regional Manager to Regional Director. In 
addition, since the original notice requirements were written, there 
has been the creation of a Web page to receive public comments 
electronically. The amendments made in this notice reflect those two 
changes. The associated changes to the CRA notice requirements will 
compel covered institutions to print and post the revised CRA notices 
in their main and branch offices.

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 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 and savings 
associations 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.  25.12(u)(1), 195.12(u)(1), 
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.  25.12(u)(2), 195.12(u)(2), 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. 
Furthermore, revising the FDIC's CRA Notice requirements to reflect the 
two referenced changes to the manner in which the agency will receive 
public comments considered in the CRA examination process is a 
technical and non-substantive revision. For these reasons, 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 18, 2017. 
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.

Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded 
Mandates Act), 2 U.S.C. 1532, requires the OCC to prepare a budgetary 
impact statement before promulgating any final rule for which a general 
notice of proposed rulemaking was published. As discussed above, the 
OCC has determined that the publication of a general notice of proposed 
rulemaking is unnecessary. Accordingly, this joint final rule is not 
subject to section 202 of the Unfunded Mandates Act.

List of Subjects

12 CFR Part 25

    Community development, Credit, Investments, National banks, 
Reporting and recordkeeping requirements.

12 CFR Part 195

    Community development, Credit, Investments, Reporting and 
recordkeeping requirements, Savings associations.

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.

Department of the Treasury

Office of the Comptroller of the Currency

12 CFR Chapter I

    For the reasons discussed in the preamble, the Office of 
Comptroller of the Currency amends 12 CFR parts 25 and 195, the Board 
of Governors of the Federal Reserve System amends part 228 of chapter 
II, and Board of Directors of the Federal Deposit Insurance Corporation 
amends part 345 of chapter III of title 12 of the Code of Federal 
Regulations as follows:

PART 25--COMMUNITY REINVESTMENT ACT AND INTERSTATE DEPOSIT 
PRODUCTION REGULATIONS

0
1. The authority citation for part 25 continues to read as follows:

     Authority:  12 U.S.C. 21, 22, 26, 27, 30, 36, 93a, 161, 215, 
215a, 481, 1814, 1816, 1828(c), 1835a, 2901 through 2908, and 3101 
through 3111.

0
2. Section 25.12 is amended by revising paragraph (u)(1) to read as 
follows:


Sec.  25.12  Definitions.

* * * * *
    (u) * * *

[[Page 5356]]

    (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 $1.226 
billion. Intermediate small bank means a small bank with assets of at 
least $307 million as of December 31 of both of the prior two calendar 
years and less than $1.226 billion as of December 31 of either of the 
prior two calendar years.
* * * * *

PART 195--COMMUNITY REINVESTMENT

0
3. The authority citation for part 195 continues to read as follows:

     Authority:  12 U.S.C. 1462a, 1463, 1464, 1814, 1816, 1828(c), 
2901 through 2908, and 5412(b)(2)(B).

0
4. Section 195.12 is amended by revising paragraph (u)(1) to read as 
follows:


Sec.  195.12  Definitions.

* * * * *
    (u) * * *
    (1) Definition. Small savings association means a savings 
association that, as of December 31 of either of the prior two calendar 
years, had assets of less than $1.226 billion. Intermediate small 
savings association means a small savings association with assets of at 
least $307 million as of December 31 of both of the prior two calendar 
years and less than $1.226 billion as of December 31 of either of the 
prior two calendar years.
* * * * *

Federal Reserve System

12 CFR Chapter II

PART 228--COMMUNITY REINVESTMENT (REGULATION BB)

0
5. 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
6. Section 228.12 is amended by revising paragraph Sec.  228.12(u)(1).
    The revision is set forth below:


Sec.  228.12  Definitions.

* * * * *
    (u) Small bank--(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 $1.226 billion. Intermediate small bank means a small bank 
with assets of at least $307 million as of December 31 of both of the 
prior two calendar years and less than $1.226 billion as of December 31 
of either of the prior two calendar years.

Federal Deposit Insurance Corporation

12 CFR Chapter III

PART 345--COMMUNITY REINVESTMENT

0
7. 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
8. 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 $1.226 
billion. Intermediate small bank means a small bank with assets of at 
least $307 million as of December 31 of both of the prior two calendar 
years and less than $1.226 billion as of December 31 of either of the 
prior two calendar years.
* * * * *

0
9. Appendix B to part 345 is amended by revising the fourth and fifth 
paragraphs of section (a) and the fifth and sixth paragraphs of section 
(b) to read as follows:

Appendix B to Part 345--CRA Notice

    (a) * *

Community Reinvestment Act Notice

* * * * *
    At least 30 days before the beginning of each quarter, the FDIC 
publishes a nationwide list of the banks that are scheduled for CRA 
examination in that quarter. This list is available from the 
Regional Director, FDIC (address). You may send written comments 
about our performance in helping to meet community credit needs to 
(name and address of official at bank) and FDIC Regional Director. 
You may also submit comments electronically through the FDIC's Web 
site at www.fdic.gov/regulations/cra. Your letter, together with any 
response by us, will be considered by the FDIC in evaluating our CRA 
performance and may be made public.
    You may ask to look at any comments received by the FDIC 
Regional Director. You may also request from the FDIC Regional 
Director an announcement of our applications covered by the CRA 
filed with the FDIC. We are an affiliate of (name of holding 
company), a bank holding company. You may request from the (title of 
responsible official), Federal Reserve Bank of _______(address) an 
announcement of applications covered by the CRA filed by bank 
holding companies.
* * * * *
    (b) * * *

Community Reinvestment Act Notice

* * * * *
    At least 30 days before the beginning of each quarter, the FDIC 
publishes a nationwide list of the banks that are scheduled for CRA 
examination in that quarter. This list is available from the 
Regional Director, FDIC (address). You may send written comments 
about our performance in helping to meet community credit needs to 
(name and address of official at bank) and the FDIC Regional 
Director. You may also submit comments electronically through the 
FDIC's Web site at www.fdic.gov/regulations/cra. Your letter, 
together with any response by us, will be considered by the FDIC in 
evaluating our CRA performance and may be made public.
    You may ask to look at any comments received by the FDIC 
Regional Director. You may also request from the FDIC Regional 
Director an announcement of our applications covered by the CRA 
filed with the FDIC. We are an affiliate of (name of holding 
company), a bank holding company. You may request from the (title of 
responsible official), Federal Reserve Bank of _______(address) an 
announcement of applications covered by the CRA filed by bank 
holding companies.
* * * * *

    Dated: December 16, 2016.
Amy S. Friend,
Senior Deputy Comptroller and Chief Counsel.

    By order of the Board of Governors of the Federal Reserve 
System, December 28, 2016.

Robert deV. Frierson,
Secretary of the Board.
    By order of the Board of Directors.

    Dated at Washington, DC, this 16th day of December, 2016.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016-31928 Filed 1-17-17; 8:45 am]
 BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P



                                                5354             Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Rules and Regulations

                                                disabled veteran for a position in the                  manner in which the agency will                        adjustment formula consistent with that
                                                U.S. Postal Service in favor of a                       receive public comments considered in                  of the other federal banking agencies in
                                                nonpreference eligible;                                 the CRA examination process.                           its CRA rule previously set forth at 12
                                                  (3) Medically disqualify a 30 percent                 DATES: Effective January 18, 2017.                     CFR 563e. 72 FR 13429 (Mar. 22, 2007).
                                                or more compensably disabled veteran                    FOR FURTHER INFORMATION CONTACT:                          Pursuant to the Dodd-Frank Wall
                                                for assignment to another position in a                   OCC: Emily Boyes, Attorney,                          Street Reform and Consumer Protection
                                                reduction in force under § 351.702(d) of                Community and Consumer Law                             Act (Dodd-Frank Act),1 effective July 21,
                                                this chapter; or                                        Division, (202) 649–6350; Marta E.                     2011, CRA rulemaking authority for
                                                  (4) Medically disqualify a 30 percent                 Stewart-Bates, Attorney, Legislative and               federal and state savings associations
                                                or more disabled veteran for                            Regulatory Activities Division, (202)                  was transferred from the OTS to the
                                                noncompetitive appointment, for                         649–5490; for persons who are deaf or                  OCC, and the OCC subsequently
                                                example, under § 316.302(b)(4) of this                  hard of hearing, TTY, (202) 649–5597;                  republished, at 12 CFR 195, the CRA
                                                chapter.                                                or Bobbie K. Kennedy, Bank Examiner,                   regulations applicable to those
                                                [FR Doc. 2017–00804 Filed 1–17–17; 8:45 am]             Compliance Policy Division, (202) 649–                 institutions.2 In addition, the Dodd-
                                                BILLING CODE 6325–39–P                                  5470, Office of the Comptroller of the                 Frank Act transferred responsibility for
                                                                                                        Currency, 400 7th Street SW.,                          supervision of savings and loan holding
                                                                                                        Washington, DC 20219.                                  companies and their non-depository
                                                                                                          Board: Amal S. Patel, Senior                         subsidiaries from the OTS to the Board,
                                                DEPARTMENT OF THE TREASURY                                                                                     and the Board subsequently amended its
                                                                                                        Supervisory Consumer Financial
                                                Office of the Comptroller of the                        Services Analyst, (202) 912–7879; or                   CRA regulation to reflect this transfer of
                                                Currency                                                Nikita Pastor, Senior Counsel, (202)                   supervisory authority.3
                                                                                                        452–3667, Division of Consumer and                        The threshold for small banks and
                                                12 CFR Parts 25 and 195                                 Community Affairs, Board of Governors                  small savings associations was revised
                                                                                                        of the Federal Reserve System, 20th                    most recently in December 2015 and
                                                [Docket ID OCC–2016–0031]                               Street and Constitution Avenue NW.,                    became effective January 1, 2016. 80 FR
                                                                                                        Washington, DC 20551.                                  81162 (Dec. 29, 2015). The current CRA
                                                RIN 1557–AE11
                                                                                                          FDIC: Patience R. Singleton, Senior                  regulations provide that banks and
                                                FEDERAL RESERVE SYSTEM                                  Policy Analyst, Supervisory Policy                     savings associations that, as of
                                                                                                        Branch, Division of Depositor and                      December 31 of either of the prior two
                                                12 CFR Part 228                                         Consumer Protection, (202) 898–6859;                   calendar years, had assets of less than
                                                                                                        or Richard M. Schwartz, Counsel, Legal                 $1.216 billion are small banks or small
                                                [Regulation BB; Docket No. R–1554]                      Division, (202) 898–7424, Federal                      savings associations. Small banks and
                                                                                                        Deposit Insurance Corporation, 550 17th                small savings associations with assets of
                                                RIN 7100–AE64
                                                                                                        Street NW., Washington, DC 20429.                      at least $304 million as of December 31
                                                FEDERAL DEPOSIT INSURANCE                               SUPPLEMENTARY INFORMATION:
                                                                                                                                                               of both of the prior two calendar years
                                                CORPORATION                                                                                                    and less than $1.216 billion as of
                                                                                                        Background and Description of the                      December 31 of either of the prior two
                                                12 CFR Part 345                                         Joint Final Rule                                       calendar years are intermediate small
                                                                                                           The Agencies’ CRA regulations                       banks or intermediate small savings
                                                RIN 3064–AD90                                           establish CRA performance standards                    associations. 12 CFR 25.12(u)(1),
                                                                                                        for small and intermediate small banks                 195.12(u)(1), 228.12(u)(1), and
                                                Community Reinvestment Act                                                                                     345.12(u)(1). This joint final rule revises
                                                                                                        and savings associations. The CRA
                                                Regulations                                                                                                    these thresholds.
                                                                                                        regulations define small and
                                                AGENCY:  Office of the Comptroller of the               intermediate small banks and savings                      During the 12-month period ending
                                                Currency, Treasury (OCC); Board of                      associations by reference to asset-size                November 2016, the CPI–W increased
                                                Governors of the Federal Reserve                        criteria expressed in dollar amounts,                  by 0.84 percent. As a result, the
                                                System (Board); and Federal Deposit                     and they further require the Agencies to               Agencies are revising 12 CFR
                                                Insurance Corporation (FDIC).                           publish annual adjustments to these                    25.12(u)(1), 195.12(u)(1), 228.12(u)(1),
                                                                                                        dollar figures based on the year-to-year               and 345.12(u)(1) to make this annual
                                                ACTION: Joint final rule; technical
                                                                                                        change in the average of the CPI–W, not                adjustment. Beginning January 18, 2017,
                                                amendment.                                                                                                     banks and savings associations that, as
                                                                                                        seasonally adjusted, for each 12-month
                                                SUMMARY:    The OCC, the Board, and the                 period ending in November, with                        of December 31 of either of the prior two
                                                FDIC (collectively, the Agencies) are                   rounding to the nearest million. 12 CFR                calendar years, had assets of less than
                                                amending their Community                                25.12(u)(2), 195.12(u)(2), 228.12(u)(2),               $1.226 billion are small banks or small
                                                Reinvestment Act (CRA) regulations to                   and 345.12(u)(2). This adjustment                      savings associations. Small banks and
                                                adjust the asset-size thresholds used to                formula was first adopted for CRA                      small savings associations with assets of
                                                define ‘‘small bank’’ or ‘‘small savings                purposes by the OCC, the Board, and the                at least $307 million as of December 31
                                                association’’ and ‘‘intermediate small                  FDIC on August 2, 2005, effective                      of both of the prior two calendar years
                                                bank’’ or ‘‘intermediate small savings                  September 1, 2005. 70 FR 44256 (Aug.                   and less than $1.226 billion as of
                                                association.’’ As required by the CRA                   2, 2005). The Agencies noted that the                  December 31 of either of the prior two
                                                regulations, the adjustment to the                      CPI–W is also used in connection with                  calendar years are intermediate small
mstockstill on DSK3G9T082PROD with RULES




                                                threshold amount is based on the                        other federal laws, such as the Home                   banks or intermediate small savings
                                                annual percentage change in the                         Mortgage Disclosure Act. See 12 U.S.C.                 associations. The Agencies also publish
                                                Consumer Price Index for Urban Wage                     2808; 12 CFR 1003.2. On March 22,                        1 Public Law 111–203, 124 Stat. 1376 (2010).
                                                Earners and Clerical Workers (CPI–W).                   2007, and effective July 1, 2007, the                    2 See  OCC interim final rule, 76 FR 48950 (Aug.
                                                The FDIC is also amending its CRA                       former Office of Thrift Supervision, the               9, 2011).
                                                Notice requirements to reflect two                      agency then responsible for regulating                    3 See Board interim final rule, 76 FR 56508 (Sept.

                                                technical changes concerning the                        savings associations, adopted an annual                13, 2011).



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                                                                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Rules and Regulations                                             5355

                                                current and historical asset-size                       comments considered in the CRA                         promulgating any final rule for which a
                                                thresholds on the Web site of the                       examination process is a technical and                 general notice of proposed rulemaking
                                                Federal Financial Institutions                          non-substantive revision. For these                    was published. As discussed above, the
                                                Examination Council at http://                          reasons, the Agencies have determined                  OCC has determined that the
                                                www.ffiec.gov/cra/.                                     that publishing a notice of proposed                   publication of a general notice of
                                                  The FDIC is also amending its CRA                     rulemaking and providing opportunity                   proposed rulemaking is unnecessary.
                                                Notice requirements located at                          for public comment are unnecessary.                    Accordingly, this joint final rule is not
                                                Appendix B to Part 345. The current                       The effective date of this joint final               subject to section 202 of the Unfunded
                                                appendix states that Regional Managers                  rule is January 18, 2017. Under 5 U.S.C.               Mandates Act.
                                                are the proper agency officials                         553(d)(3) of the APA, the required
                                                responsible for both making available,                  publication or service of a substantive                List of Subjects
                                                upon request, lists of the banks                        rule shall be made not less than 30 days               12 CFR Part 25
                                                scheduled for CRA examination in any                    before its effective date, except, among
                                                particular quarter and receiving any                    other things, as provided by the agency                  Community development, Credit,
                                                public comment regarding the CRA                        for good cause found and published                     Investments, National banks, Reporting
                                                performance of any of those banks.                      with the rule. Because this rule adjusts               and recordkeeping requirements.
                                                Since that language was published, a                    asset-size thresholds consistent with the              12 CFR Part 195
                                                technical change was made to the                        procedural requirements of the CRA
                                                responsible official’s title from Regional              rules, the Agencies conclude that it is                  Community development, Credit,
                                                Manager to Regional Director. In                        not substantive within the meaning of                  Investments, Reporting and
                                                addition, since the original notice                     the APA’s delayed effective date                       recordkeeping requirements, Savings
                                                requirements were written, there has                    provision. Moreover, the Agencies find                 associations.
                                                been the creation of a Web page to                      that there is good cause for dispensing                12 CFR Part 228
                                                receive public comments electronically.                 with the delayed effective date
                                                The amendments made in this notice                      requirement, even if it applied, because                 Banks, Banking, Community
                                                reflect those two changes. The                          their current rules already provide                    development, Credit, Investments,
                                                associated changes to the CRA notice                    notice that the small and intermediate                 Reporting and recordkeeping
                                                requirements will compel covered                        small asset-size thresholds will be                    requirements.
                                                institutions to print and post the revised              adjusted as of December 31 based on 12-                12 CFR Part 345
                                                CRA notices in their main and branch                    month data as of the end of November
                                                offices.                                                each year.                                               Banks, Banking, Community
                                                                                                                                                               development, Credit, Investments,
                                                Administrative Procedure Act and                        Regulatory Flexibility Act                             Reporting and recordkeeping
                                                Effective Date                                                                                                 requirements.
                                                                                                           The Regulatory Flexibility Act (RFA)
                                                  Under 5 U.S.C. 553(b)(B) of the                       does not apply to a rulemaking when a                  Department of the Treasury
                                                Administrative Procedure Act (APA), an                  general notice of proposed rulemaking
                                                agency may, for good cause, find (and                   is not required. 5 U.S.C. 603 and 604.                 Office of the Comptroller of the
                                                incorporate the finding and a brief                     As noted previously, the Agencies have                 Currency
                                                statement of reasons therefore in the                   determined that it is unnecessary to                   12 CFR Chapter I
                                                rules issued) that notice and public                    publish a general notice of proposed
                                                procedure thereon are impracticable,                    rulemaking for this joint final rule.                     For the reasons discussed in the
                                                unnecessary, or contrary to the public                  Accordingly, the RFA’s requirements                    preamble, the Office of Comptroller of
                                                interest.                                               relating to an initial and final regulatory            the Currency amends 12 CFR parts 25
                                                  The amendments to the regulations to                  flexibility analysis do not apply.                     and 195, the Board of Governors of the
                                                adjust the asset-size thresholds for small                                                                     Federal Reserve System amends part
                                                and intermediate small banks and                        Paperwork Reduction Act of 1995                        228 of chapter II, and Board of Directors
                                                savings associations result from the                      The Paperwork Reduction Act of 1995                  of the Federal Deposit Insurance
                                                application of a formula established by                 (44 U.S.C. 3501–3521) states that no                   Corporation amends part 345 of chapter
                                                a provision in the respective CRA                       agency may conduct or sponsor, nor is                  III of title 12 of the Code of Federal
                                                regulations that the Agencies previously                the respondent required to respond to,                 Regulations as follows:
                                                published for comment. See 70 FR                        an information collection unless it
                                                12148 (Mar. 11, 2005), 70 FR 44256                      displays a currently valid Office of                   PART 25—COMMUNITY
                                                (Aug. 2, 2005), 71 FR 67826 (Nov. 24,                   Management and Budget (OMB) control                    REINVESTMENT ACT AND
                                                2006), and 72 FR 13429 (Mar. 22, 2007).                 number. The Agencies have determined                   INTERSTATE DEPOSIT PRODUCTION
                                                As a result, §§ 25.12(u)(1), 195.12(u)(1),              that this final rule does not create any               REGULATIONS
                                                228.12(u)(1), and 345.12(u)(1) of the                   new, or revise any existing, collections
                                                Agencies’ respective CRA regulations                    of information pursuant to the                         ■ 1. The authority citation for part 25
                                                are amended by adjusting the asset-size                 Paperwork Reduction Act.                               continues to read as follows:
                                                thresholds as provided for in                           Consequently, no information collection                  Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36,
                                                §§ 25.12(u)(2), 195.12(u)(2),                           request will be submitted to the OMB                   93a, 161, 215, 215a, 481, 1814, 1816, 1828(c),
                                                228.12(u)(2), and 345.12(u)(2).                         for review.                                            1835a, 2901 through 2908, and 3101 through
                                                  Accordingly, the Agencies’ rules                                                                             3111.
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                                                provide no discretion as to the                         Unfunded Mandates Reform Act of
                                                                                                                                                               ■ 2. Section 25.12 is amended by
                                                computation or timing of the revisions                  1995
                                                                                                                                                               revising paragraph (u)(1) to read as
                                                to the asset-size criteria. Furthermore,                  Section 202 of the Unfunded                          follows:
                                                revising the FDIC’s CRA Notice                          Mandates Reform Act of 1995
                                                requirements to reflect the two                         (Unfunded Mandates Act), 2 U.S.C.                      § 25.12   Definitions.
                                                referenced changes to the manner in                     1532, requires the OCC to prepare a                    *       *    *     *     *
                                                which the agency will receive public                    budgetary impact statement before                          (u) * * *


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                                                5356             Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Rules and Regulations

                                                  (1) Definition. Small bank means a                    Federal Deposit Insurance Corporation                    Community Reinvestment Act Notice
                                                bank that, as of December 31 of either                  12 CFR Chapter III                                       *       *    *      *      *
                                                of the prior two calendar years, had                                                                                At least 30 days before the beginning of
                                                assets of less than $1.226 billion.                     PART 345—COMMUNITY                                       each quarter, the FDIC publishes a
                                                Intermediate small bank means a small                                                                            nationwide list of the banks that are
                                                                                                        REINVESTMENT                                             scheduled for CRA examination in that
                                                bank with assets of at least $307 million
                                                                                                                                                                 quarter. This list is available from the
                                                as of December 31 of both of the prior                  ■ 7. The authority citation for part 345                 Regional Director, FDIC (address). You may
                                                two calendar years and less than $1.226                 continues to read as follows:                            send written comments about our
                                                billion as of December 31 of either of the                Authority: 12 U.S.C. 1814–1817, 1819–                  performance in helping to meet community
                                                prior two calendar years.                               1820, 1828, 1831u and 2901–2908, 3103–                   credit needs to (name and address of official
                                                *     *     *     *     *                               3104, and 3108(a).                                       at bank) and the FDIC Regional Director. You
                                                                                                                                                                 may also submit comments electronically
                                                PART 195—COMMUNITY                                      ■ 8. Section 345.12 is amended by                        through the FDIC’s Web site at www.fdic.gov/
                                                                                                        revising paragraph (u)(1) to read as                     regulations/cra. Your letter, together with
                                                REINVESTMENT                                                                                                     any response by us, will be considered by the
                                                                                                        follows:
                                                                                                                                                                 FDIC in evaluating our CRA performance and
                                                ■ 3. The authority citation for part 195                § 345.12      Definitions.                               may be made public.
                                                continues to read as follows:                                                                                       You may ask to look at any comments
                                                                                                        *     *     *     *     *                                received by the FDIC Regional Director. You
                                                  Authority: 12 U.S.C. 1462a, 1463, 1464,
                                                                                                          (u) * * *                                              may also request from the FDIC Regional
                                                1814, 1816, 1828(c), 2901 through 2908, and
                                                5412(b)(2)(B).                                            (1) Definition. Small bank means a                     Director an announcement of our
                                                                                                        bank that, as of December 31 of either                   applications covered by the CRA filed with
                                                ■ 4. Section 195.12 is amended by                       of the prior two calendar years, had                     the FDIC. We are an affiliate of (name of
                                                revising paragraph (u)(1) to read as                                                                             holding company), a bank holding company.
                                                                                                        assets of less than $1.226 billion.                      You may request from the (title of
                                                follows:                                                Intermediate small bank means a small                    responsible official), Federal Reserve Bank of
                                                § 195.12   Definitions.                                 bank with assets of at least $307 million                _______(address) an announcement of
                                                *     *      *    *     *                               as of December 31 of both of the prior                   applications covered by the CRA filed by
                                                                                                        two calendar years and less than $1.226                  bank holding companies.
                                                  (u) * * *                                             billion as of December 31 of either of the               *       *    *      *      *
                                                  (1) Definition. Small savings                         prior two calendar years.                                  Dated: December 16, 2016.
                                                association means a savings association                 *     *     *     *     *
                                                that, as of December 31 of either of the                                                                         Amy S. Friend,
                                                prior two calendar years, had assets of                 ■ 9. Appendix B to part 345 is amended                   Senior Deputy Comptroller and Chief
                                                less than $1.226 billion. Intermediate                  by revising the fourth and fifth                         Counsel.
                                                small savings association means a small                 paragraphs of section (a) and the fifth
                                                savings association with assets of at                   and sixth paragraphs of section (b) to                     By order of the Board of Governors of the
                                                                                                        read as follows:                                         Federal Reserve System, December 28, 2016.
                                                least $307 million as of December 31 of
                                                both of the prior two calendar years and                                                                         Robert deV. Frierson,
                                                                                                        Appendix B to Part 345—CRA Notice
                                                less than $1.226 billion as of December                                                                          Secretary of the Board.
                                                31 of either of the prior two calendar                      (a) * *                                                By order of the Board of Directors.
                                                years.                                                  Community Reinvestment Act Notice
                                                                                                                                                                   Dated at Washington, DC, this 16th day of
                                                *     *      *    *     *                               *      *        *       *      *                         December, 2016.
                                                                                                           At least 30 days before the beginning of
                                                Federal Reserve System                                  each quarter, the FDIC publishes a                       Federal Deposit Insurance Corporation.
                                                12 CFR Chapter II                                       nationwide list of the banks that are                    Robert E. Feldman,
                                                                                                        scheduled for CRA examination in that                    Executive Secretary.
                                                PART 228—COMMUNITY                                      quarter. This list is available from the                 [FR Doc. 2016–31928 Filed 1–17–17; 8:45 am]
                                                REINVESTMENT (REGULATION BB)                            Regional Director, FDIC (address). You may
                                                                                                                                                                 BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P
                                                                                                        send written comments about our
                                                ■ 5. The authority citation for part 228                performance in helping to meet community
                                                                                                        credit needs to (name and address of official
                                                continues to read as follows:                           at bank) and FDIC Regional Director. You                 DEPARTMENT OF TRANSPORTATION
                                                  Authority: 12 U.S.C. 321, 325, 1828(c),               may also submit comments electronically
                                                1842, 1843, 1844, and 2901 et seq.                      through the FDIC’s Web site at www.fdic.gov/             Federal Aviation Administration
                                                                                                        regulations/cra. Your letter, together with
                                                ■ 6. Section 228.12 is amended by                       any response by us, will be considered by the            14 CFR Part 39
                                                revising paragraph § 228.12(u)(1).                      FDIC in evaluating our CRA performance and
                                                  The revision is set forth below:                      may be made public.                                      [Docket No. FAA–2016–9187; Directorate
                                                                                                           You may ask to look at any comments                   Identifier 2016–NM–032–AD; Amendment
                                                § 228.12   Definitions.                                 received by the FDIC Regional Director. You              39–18777; AD 2017–01–10]
                                                *      *    *     *     *                               may also request from the FDIC Regional                  RIN 2120–AA64
                                                   (u) Small bank—(1) Definition. Small                 Director an announcement of our
                                                bank means a bank that, as of December                  applications covered by the CRA filed with               Airworthiness Directives; Airbus
                                                                                                        the FDIC. We are an affiliate of (name of                Defense and Space S.A. (Formerly
                                                31 of either of the prior two calendar                  holding company), a bank holding company.
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                                                years, had assets of less than $1.226                                                                            Known as Construcciones
                                                                                                        You may request from the (title of
                                                billion. Intermediate small bank means                  responsible official), Federal Reserve Bank of           Aeronauticas, S.A.) Airplanes
                                                a small bank with assets of at least $307               _______(address) an announcement of                      AGENCY:  Federal Aviation
                                                million as of December 31 of both of the                applications covered by the CRA filed by                 Administration (FAA), Department of
                                                prior two calendar years and less than                  bank holding companies.
                                                                                                                                                                 Transportation (DOT).
                                                $1.226 billion as of December 31 of                     *      *        *       *      *                         ACTION: Final rule.
                                                either of the prior two calendar years.                     (b) * * *



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Document Created: 2018-02-01 15:19:03
Document Modified: 2018-02-01 15:19:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionJoint final rule; technical amendment.
DatesEffective January 18, 2017.
ContactOCC: Emily Boyes, Attorney, Community and Consumer Law Division, (202) 649-6350; Marta E. Stewart-Bates, Attorney, Legislative and Regulatory Activities Division, (202) 649-5490; for persons who are deaf or hard of hearing, TTY, (202) 649-5597; or Bobbie K. Kennedy, Bank Examiner, Compliance Policy Division, (202) 649-5470, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219.
FR Citation82 FR 5354 
RIN Number1557-AE11, 7100-AE64 and 3064-AD90
CFR Citation12 CFR 195
12 CFR 228
12 CFR 25
12 CFR 345
CFR AssociatedSavings Associations; Banks; Banking; Community Development; Credit; Investments; National Banks and Reporting and Recordkeeping Requirements

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