82_FR_61390 82 FR 61143 - Community Reinvestment Act Regulations

82 FR 61143 - 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 247 (December 27, 2017)

Page Range61143-61145
FR Document2017-27813

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 definition of ``consumer loan'' to correct a typographical error included in a CRA final rule issued on November 24, 2017.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61143-61145]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27813]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Parts 25 and 195

[Docket ID OCC-2017-0025]
RIN 1557-AE30

FEDERAL RESERVE SYSTEM

12 CFR Part 228

[Regulation BB; Docket No. R-1574]
RIN 7100-AE84

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 345

RIN 3064-AE58


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 
definition of ``consumer loan'' to correct a typographical error 
included in a CRA final rule issued on November 24, 2017.

DATES: Effective Date: January 1, 2018.

FOR FURTHER INFORMATION CONTACT:
    OCC: Emily Boyes, Attorney, Community and Consumer Law Division, 
(202) 649-6350; Christopher Rafferty, Law Clerk, Legislative and 
Regulatory Activities Division, (202) 649-5490; for persons who are 
deaf or hearing impaired, TTY, (202) 649-5597; or Vonda Eanes, 
Director, Compliance Risk 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 Cathy Gates, Senior Project 
Manager, (202) 452-2099, 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 
(OTS), the agency then responsible for regulating savings associations, 
adopted an annual adjustment formula consistent with that of the other 
federal banking agencies in its CRA rule previously set forth at 12 CFR 
part 563e. 72 FR 13429 (Mar. 22, 2007).
    Pursuant to the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Dodd-Frank Act),\1\ effective July 21, 2011, CRA 
rulemaking authority for federal and state savings associations was 
transferred from the OTS to the OCC, and the OCC subsequently 
republished, at 12 CFR part 195, the CRA regulations applicable to 
those institutions.\2\ In addition, the Dodd-Frank Act transferred 
responsibility for supervision of savings and loan holding companies 
and their non-depository subsidiaries from the OTS to the Board, and 
the Board subsequently amended its CRA regulation to reflect this 
transfer of supervisory authority.\3\
---------------------------------------------------------------------------

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

    The threshold for small banks and small savings associations was 
revised most recently in December 2016 and became effective January 18, 
2017. 82 FR 5354 (Jan. 18, 2017). 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 $1.226 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. 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 2017, the CPI-W 
increased by 2.11 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 1, 2018, banks and savings 
associations that, as of December 31 of either of the prior two 
calendar years, had assets of less than $1.252 billion are small banks 
or small savings associations. Small banks and small savings 
associations with assets of at least $313 million as of December 31 of 
both of the prior two calendar years and less than $1.252 billion as of 
December 31 of either of the prior two calendar years are intermediate 
small banks or intermediate small savings

[[Page 61144]]

associations. The Agencies also publish current and historical asset-
size thresholds on the website of the Federal Financial Institutions 
Examination Council at http://www.ffiec.gov/cra/.
    Additionally, on November 24, 2017, the Agencies amended their 
collective CRA regulations (82 FR 55734) to be consistent with prior 
amendments to Regulation C by the Consumer Financial Protection Bureau. 
Section 345.12(j) of the FDIC's CRA regulation, which provides for the 
definition of ``consumer loan,'' contained a typographical error in the 
Federal Register publication: Sec.  345.12(j)(4) was reserved in error. 
To correct this error, Sec.  345.12(j)(5) is redesignated as Sec.  
345.12(j)(4) and Sec.  345.12(j)(5) is removed.

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, amending the FDIC's definition of ``consumer loan'' to 
correct a typographical error 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 1, 2018. 
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 SUPPLEMENTARY INFORMATION section, 
12 CFR parts 25 and 195 are amended 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) 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 $1.252 billion. Intermediate small bank means a small bank 
with assets of at least $313 million as of December 31 of both of the 
prior two calendar years and less than $1.252 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:

[[Page 61145]]

Sec.  195.12  Definitions.

* * * * *
    (u) Small savings association--(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 $1.252 
billion. Intermediate small savings association means a small savings 
association with assets of at least $313 million as of December 31 of 
both of the prior two calendar years and less than $1.252 billion as of 
December 31 of either of the prior two calendar years.
* * * * *

FEDERAL RESERVE SYSTEM

12 CFR Chapter II

    For the reasons set forth in the SUPPLEMENTARY INFORMATION section, 
the Board of Governors of the Federal Reserve System amends part 228 of 
chapter II of title 12 of the Code of Federal Regulations as follows:

PART 228--COMMUNITY REINVESTMENT (REGULATION BB)

0
5. The authority citation for part 228 is revised 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 (u)(1) to read as 
follows:


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 $1.252 billion. Intermediate small bank means a small bank 
with assets of at least $313 million as of December 31 of both of the 
prior two calendar years and less than $1.252 billion as of December 31 
of either of the prior two calendar years.
* * * * *

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Chapter III

Authority and Issuance

    For the reasons set forth in the SUPPLEMENTARY INFORMATION section, 
the Board of Directors of the Federal Deposit Insurance Corporation 
amends part 345 of chapter III of title 12 of the Code of Federal 
Regulations to read as follows:

PART 345--COMMUNITY REINVESTMENT

0
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 redesignating paragraph (j)(5) as 
paragraph (j)(4) and revising paragraph (u)(1) to read as follows:


Sec.  345.12  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 $1.252 billion. Intermediate small bank means a small bank 
with assets of at least $313 million as of December 31 of both of the 
prior two calendar years and less than $1.252 billion as of December 31 
of either of the prior two calendar years.
* * * * *

    Dated: December 19, 2017.
Karen Solomon,
Acting Senior Deputy Comptroller and Chief Counsel.
    By order of the Board of Governors of the Federal Reserve 
System, acting through the Secretary of the Board under delegated 
authority.
Ann E. Misback,
Secretary of the Board.
    By order of the Board of Directors.

    Dated at Washington, DC, this 14th day of December 2017.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2017-27813 Filed 12-26-17; 8:45 am]
 BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P



                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                                   61143

                                               (c) If the respondent fails to file a                 of ‘‘consumer loan’’ to correct a                     an annual adjustment formula
                                             required report and the Commission                      typographical error included in a CRA                 consistent with that of the other federal
                                             cannot calculate the level of activity                  final rule issued on November 24, 2017.               banking agencies in its CRA rule
                                             under paragraph (d) of this section, then               DATES: Effective Date: January 1, 2018.               previously set forth at 12 CFR part 563e.
                                             the civil money penalty shall be $7,797.                FOR FURTHER INFORMATION CONTACT:                      72 FR 13429 (Mar. 22, 2007).
                                             *     *      *    *    *                                   OCC: Emily Boyes, Attorney,                           Pursuant to the Dodd-Frank Wall
                                                                                                     Community and Consumer Law                            Street Reform and Consumer Protection
                                             § 111.44   [Amended]                                                                                          Act (Dodd-Frank Act),1 effective July 21,
                                                                                                     Division, (202) 649–6350; Christopher
                                             ■ 4. In § 111.44, amend paragraph (a)(1)                Rafferty, Law Clerk, Legislative and                  2011, CRA rulemaking authority for
                                             by removing ‘‘$139’’ and adding in its                  Regulatory Activities Division, (202)                 federal and state savings associations
                                             place ‘‘$142’’.                                         649–5490; for persons who are deaf or                 was transferred from the OTS to the
                                                                                                     hearing impaired, TTY, (202) 649–5597;                OCC, and the OCC subsequently
                                               Dated: December 19, 2017.
                                                                                                     or Vonda Eanes, Director, Compliance                  republished, at 12 CFR part 195, the
                                               On behalf of the Commission.                                                                                CRA regulations applicable to those
                                             Steven T. Walther,
                                                                                                     Risk Policy Division, (202) 649–5470,
                                                                                                     Office of the Comptroller of the                      institutions.2 In addition, the Dodd-
                                             Chairman, Federal Election Commission.                                                                        Frank Act transferred responsibility for
                                                                                                     Currency, 400 7th Street SW,
                                             [FR Doc. 2017–27808 Filed 12–26–17; 8:45 am]
                                                                                                     Washington, DC 20219.                                 supervision of savings and loan holding
                                             BILLING CODE 6715–01–P                                     Board: Amal S. Patel, Senior                       companies and their non-depository
                                                                                                     Supervisory Consumer Financial                        subsidiaries from the OTS to the Board,
                                                                                                     Services Analyst, (202) 912–7879; or                  and the Board subsequently amended its
                                             DEPARTMENT OF THE TREASURY                              Cathy Gates, Senior Project Manager,                  CRA regulation to reflect this transfer of
                                                                                                     (202) 452–2099, Division of Consumer                  supervisory authority.3
                                             Office of the Comptroller of the                        and Community Affairs, Board of                          The threshold for small banks and
                                             Currency                                                Governors of the Federal Reserve                      small savings associations was revised
                                                                                                     System, 20th Street and Constitution                  most recently in December 2016 and
                                             12 CFR Parts 25 and 195                                 Avenue NW, Washington, DC 20551.                      became effective January 18, 2017. 82
                                                                                                        FDIC: Patience R. Singleton, Senior                FR 5354 (Jan. 18, 2017). The current
                                             [Docket ID OCC–2017–0025]
                                                                                                     Policy Analyst, Supervisory Policy                    CRA regulations provide that banks and
                                             RIN 1557–AE30                                           Branch, Division of Depositor and                     savings associations that, as of
                                                                                                     Consumer Protection, (202) 898–6859;                  December 31 of either of the prior two
                                             FEDERAL RESERVE SYSTEM                                                                                        calendar years, had assets of less than
                                                                                                     or Richard M. Schwartz, Counsel, Legal
                                                                                                     Division, (202) 898–7424, Federal                     $1.226 billion are small banks or small
                                             12 CFR Part 228                                                                                               savings associations. Small banks and
                                                                                                     Deposit Insurance Corporation, 550 17th
                                             [Regulation BB; Docket No. R–1574]                      Street NW, Washington, DC 20429.                      small savings associations with assets of
                                                                                                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                           at least $307 million as of December 31
                                             RIN 7100–AE84                                                                                                 of both of the prior two calendar years
                                                                                                     Background and Description of the                     and less than $1.226 billion as of
                                             FEDERAL DEPOSIT INSURANCE                               Joint Final Rule                                      December 31 of either of the prior two
                                             CORPORATION
                                                                                                        The Agencies’ CRA regulations                      calendar years are intermediate small
                                                                                                     establish CRA performance standards                   banks or intermediate small savings
                                             12 CFR Part 345
                                                                                                     for small and intermediate small banks                associations. 12 CFR 25.12(u)(1),
                                             RIN 3064–AE58                                           and savings associations. The CRA                     195.12(u)(1), 228.12(u)(1), and
                                                                                                     regulations define small and                          345.12(u)(1). This joint final rule revises
                                             Community Reinvestment Act                                                                                    these thresholds.
                                                                                                     intermediate small banks and savings
                                             Regulations                                                                                                      During the 12-month period ending
                                                                                                     associations by reference to asset-size
                                             AGENCY:  Office of the Comptroller of the               criteria expressed in dollar amounts,                 November 2017, the CPI–W increased
                                             Currency, Treasury (OCC); Board of                      and they further require the Agencies to              by 2.11 percent. As a result, the
                                             Governors of the Federal Reserve                        publish annual adjustments to these                   Agencies are revising 12 CFR
                                             System (Board); and Federal Deposit                     dollar figures based on the year-to-year              25.12(u)(1), 195.12(u)(1), 228.12(u)(1),
                                             Insurance Corporation (FDIC).                           change in the average of the CPI–W, not               and 345.12(u)(1) to make this annual
                                                                                                     seasonally adjusted, for each 12-month                adjustment. Beginning January 1, 2018,
                                             ACTION: Joint final rule; technical
                                                                                                     period ending in November, with                       banks and savings associations that, as
                                             amendment.                                                                                                    of December 31 of either of the prior two
                                                                                                     rounding to the nearest million. 12 CFR
                                             SUMMARY:    The OCC, the Board, and the                 25.12(u)(2), 195.12(u)(2), 228.12(u)(2),              calendar years, had assets of less than
                                             FDIC (collectively, the Agencies) are                   and 345.12(u)(2). This adjustment                     $1.252 billion are small banks or small
                                             amending their Community                                formula was first adopted for CRA                     savings associations. Small banks and
                                             Reinvestment Act (CRA) regulations to                   purposes by the OCC, the Board, and the               small savings associations with assets of
                                             adjust the asset-size thresholds used to                FDIC on August 2, 2005, effective                     at least $313 million as of December 31
                                             define ‘‘small bank’’ or ‘‘small savings                September 1, 2005. 70 FR 44256 (Aug.                  of both of the prior two calendar years
                                             association’’ and ‘‘intermediate small                  2, 2005). The Agencies noted that the                 and less than $1.252 billion as of
                                             bank’’ or ‘‘intermediate small savings                  CPI–W is also used in connection with                 December 31 of either of the prior two
                                             association.’’ As required by the CRA                   other federal laws, such as the Home                  calendar years are intermediate small
daltland on DSKBBV9HB2PROD with RULES




                                             regulations, the adjustment to the                      Mortgage Disclosure Act. See 12 U.S.C.                banks or intermediate small savings
                                             threshold amount is based on the                        2808; 12 CFR 1003.2. On March 22,                       1 Public Law 111–203, 124 Stat. 1376 (2010).
                                             annual percentage change in the                         2007, and effective July 1, 2007, the                   2 See  OCC interim final rule, 76 FR 48950 (Aug.
                                             Consumer Price Index for Urban Wage                     former Office of Thrift Supervision                   9, 2011).
                                             Earners and Clerical Workers (CPI–W).                   (OTS), the agency then responsible for                   3 See Board interim final rule, 76 FR 56508 (Sept.

                                             The FDIC is also amending its definition                regulating savings associations, adopted              13, 2011).



                                        VerDate Sep<11>2014   18:49 Dec 26, 2017   Jkt 244001   PO 00000   Frm 00015   Fmt 4700   Sfmt 4700   E:\FR\FM\27DER1.SGM    27DER1


                                             61144        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations

                                             associations. The Agencies also publish                 with the rule. Because this rule adjusts              12 CFR Part 195
                                             current and historical asset-size                       asset-size thresholds consistent with the
                                                                                                                                                             Community development, Credit,
                                             thresholds on the website of the Federal                procedural requirements of the CRA
                                                                                                                                                           Investments, Reporting and
                                             Financial Institutions Examination                      rules, the Agencies conclude that it is
                                                                                                                                                           recordkeeping requirements, Savings
                                             Council at http://www.ffiec.gov/cra/.                   not substantive within the meaning of
                                               Additionally, on November 24, 2017,                                                                         associations.
                                                                                                     the APA’s delayed effective date
                                             the Agencies amended their collective                   provision. Moreover, the Agencies find                12 CFR Part 228
                                             CRA regulations (82 FR 55734) to be                     that there is good cause for dispensing
                                                                                                                                                             Banks, Banking, Community
                                             consistent with prior amendments to                     with the delayed effective date
                                             Regulation C by the Consumer Financial                                                                        development, Credit, Investments,
                                                                                                     requirement, even if it applied, because
                                             Protection Bureau. Section 345.12(j) of                                                                       Reporting and recordkeeping
                                                                                                     their current rules already provide
                                             the FDIC’s CRA regulation, which                                                                              requirements.
                                                                                                     notice that the small and intermediate
                                             provides for the definition of ‘‘consumer               small asset-size thresholds will be                   12 CFR Part 345
                                             loan,’’ contained a typographical error                 adjusted as of December 31 based on 12-
                                             in the Federal Register publication:                                                                            Banks, Banking, Community
                                                                                                     month data as of the end of November
                                             § 345.12(j)(4) was reserved in error. To                                                                      development, Credit, Investments,
                                                                                                     each year.
                                             correct this error, § 345.12(j)(5) is                                                                         Reporting and recordkeeping
                                             redesignated as § 345.12(j)(4) and                      Regulatory Flexibility Act                            requirements.
                                             § 345.12(j)(5) is removed.                                 The Regulatory Flexibility Act (RFA)               DEPARTMENT OF THE TREASURY
                                                                                                     does not apply to a rulemaking when a
                                             Administrative Procedure Act and                        general notice of proposed rulemaking                 Office of the Comptroller of the
                                             Effective Date                                          is not required. 5 U.S.C. 603 and 604.                Currency
                                                Under 5 U.S.C. 553(b)(B) of the                      As noted previously, the Agencies have                12 CFR Chapter I
                                             Administrative Procedure Act (APA), an                  determined that it is unnecessary to                    For the reasons discussed in the
                                             agency may, for good cause, find (and                   publish a general notice of proposed                  SUPPLEMENTARY INFORMATION    section, 12
                                             incorporate the finding and a brief                     rulemaking for this joint final rule.                 CFR parts 25 and 195 are amended as
                                             statement of reasons therefore in the                   Accordingly, the RFA’s requirements                   follows:
                                             rules issued) that notice and public                    relating to an initial and final regulatory
                                             procedure thereon are impracticable,                    flexibility analysis do not apply.                    PART 25—COMMUNITY
                                             unnecessary, or contrary to the public                                                                        REINVESTMENT ACT AND
                                             interest.                                               Paperwork Reduction Act of 1995
                                                                                                                                                           INTERSTATE DEPOSIT PRODUCTION
                                                The amendments to the regulations to                   The Paperwork Reduction Act of 1995                 REGULATIONS
                                             adjust the asset-size thresholds for small              (44 U.S.C. 3501–3521) states that no
                                             and intermediate small banks and                        agency may conduct or sponsor, nor is                 ■ 1. The authority citation for part 25
                                             savings associations result from the                    the respondent required to respond to,                continues to read as follows:
                                             application of a formula established by                 an information collection unless it
                                                                                                                                                             Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36,
                                             a provision in the respective CRA                       displays a currently valid Office of                  93a, 161, 215, 215a, 481, 1814, 1816, 1828(c),
                                             regulations that the Agencies previously                Management and Budget (OMB) control                   1835a, 2901 through 2908, and 3101 through
                                             published for comment. See 70 FR                        number. The Agencies have determined                  3111.
                                             12148 (Mar. 11, 2005), 70 FR 44256                      that this final rule does not create any
                                             (Aug. 2, 2005), 71 FR 67826 (Nov. 24,                   new, or revise any existing, collections              ■ 2. Section 25.12 is amended by
                                             2006), and 72 FR 13429 (Mar. 22, 2007).                 of information pursuant to the                        revising paragraph (u)(1) to read as
                                             As a result, §§ 25.12(u)(1), 195.12(u)(1),              Paperwork Reduction Act.                              follows:
                                             228.12(u)(1), and 345.12(u)(1) of the                   Consequently, no information collection               § 25.12    Definitions.
                                             Agencies’ respective CRA regulations                    request will be submitted to the OMB
                                                                                                     for review.                                           *      *    *     *     *
                                             are amended by adjusting the asset-size
                                                                                                                                                              (u) Small bank—(1) Definition. Small
                                             thresholds as provided for in                           Unfunded Mandates Reform Act of                       bank means a bank that, as of December
                                             §§ 25.12(u)(2), 195.12(u)(2),                           1995                                                  31 of either of the prior two calendar
                                             228.12(u)(2), and 345.12(u)(2).
                                                                                                       Section 202 of the Unfunded                         years, had assets of less than $1.252
                                                Accordingly, the Agencies’ rules
                                                                                                     Mandates Reform Act of 1995                           billion. Intermediate small bank means
                                             provide no discretion as to the
                                                                                                     (Unfunded Mandates Act), 2 U.S.C.                     a small bank with assets of at least $313
                                             computation or timing of the revisions
                                                                                                     1532, requires the OCC to prepare a                   million as of December 31 of both of the
                                             to the asset-size criteria. Furthermore,
                                                                                                     budgetary impact statement before                     prior two calendar years and less than
                                             amending the FDIC’s definition of
                                                                                                     promulgating any final rule for which a               $1.252 billion as of December 31 of
                                             ‘‘consumer loan’’ to correct a
                                                                                                     general notice of proposed rulemaking                 either of the prior two calendar years.
                                             typographical error is a technical and
                                             non-substantive revision. For these                     was published. As discussed above, the                *      *    *     *     *
                                             reasons, the Agencies have determined                   OCC has determined that the
                                                                                                     publication of a general notice of                    PART 195—COMMUNITY
                                             that publishing a notice of proposed
                                                                                                     proposed rulemaking is unnecessary.                   REINVESTMENT
                                             rulemaking and providing opportunity
                                             for public comment are unnecessary.                     Accordingly, this joint final rule is not
                                                                                                     subject to section 202 of the Unfunded                ■ 3. The authority citation for part 195
                                                The effective date of this joint final
                                                                                                     Mandates Act.                                         continues to read as follows:
                                             rule is January 1, 2018. Under 5 U.S.C.
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                                             553(d)(3) of the APA, the required                                                                              Authority: 12 U.S.C. 1462a, 1463, 1464,
                                                                                                     List of Subjects
                                             publication or service of a substantive                                                                       1814, 1816, 1828(c), 2901 through 2908, and
                                                                                                     12 CFR Part 25                                        5412(b)(2)(B).
                                             rule shall be made not less than 30 days
                                             before its effective date, except, among                  Community development, Credit,                      ■ 4. Section 195.12 is amended by
                                             other things, as provided by the agency                 Investments, National banks, Reporting                revising paragraph (u)(1) to read as
                                             for good cause found and published                      and recordkeeping requirements.                       follows:


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                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                              61145

                                             § 195.12   Definitions.                                   Authority: 12 U.S.C. 1814–1817, 1819–               SUPPLEMENTARY INFORMATION:   In FR Doc.
                                             *     *     *     *     *                               1820, 1828, 1831u and 2901–2908, 3103–                2017–27411, appearing on page 60290
                                               (u) Small savings association—(1)                     3104, and 3108(a).                                    in the Federal Register of Wednesday,
                                             Definition. Small savings association                   ■ 8. Section 345.12 is amended by                     December 20, 2017, the following
                                             means a savings association that, as of                 redesignating paragraph (j)(5) as                     corrections are made:
                                             December 31 of either of the prior two                  paragraph (j)(4) and revising paragraph
                                             calendar years, had assets of less than                 (u)(1) to read as follows:                            § 790.2    [Corrected]
                                             $1.252 billion. Intermediate small                                                                            ■  On page 60292, in the second column,
                                                                                                     § 345.12    Definitions.
                                             savings association means a small                                                                             in part 790, in amendment 10, the
                                             savings association with assets of at                   *      *    *     *     *                             instruction ‘‘In § 790.2, revise the
                                             least $313 million as of December 31 of                    (u) Small bank—(1) Definition. Small               second sentence of paragraph (b)(6),
                                             both of the prior two calendar years and                bank means a bank that, as of December                paragraph (b)(12), the third sentence of
                                             less than $1.252 billion as of December                 31 of either of the prior two calendar                paragraph (b)(13), and paragraph (b)(15)
                                             31 of either of the prior two calendar                  years, had assets of less than $1.252                 to read as follows:’’ is corrected to read
                                             years.                                                  billion. Intermediate small bank means                ‘‘In § 790.2, revise the second sentence
                                                                                                     a small bank with assets of at least $313             of paragraph (b)(6), paragraph (b)(12),
                                             *     *     *     *     *
                                                                                                     million as of December 31 of both of the              the fourth sentence of paragraph (b)(13),
                                             FEDERAL RESERVE SYSTEM                                  prior two calendar years and less than                and paragraph (b)(15) to read as
                                             12 CFR Chapter II                                       $1.252 billion as of December 31 of                   follows:’’
                                                                                                     either of the prior two calendar years.
                                               For the reasons set forth in the                                                                              By the National Credit Union
                                             SUPPLEMENTARY INFORMATION       section, the            *      *    *     *     *                             Administration Board on December 21, 2017.
                                             Board of Governors of the Federal                         Dated: December 19, 2017.                           Gerard Poliquin,
                                             Reserve System amends part 228 of                       Karen Solomon,                                        Secretary of the Board
                                             chapter II of title 12 of the Code of                   Acting Senior Deputy Comptroller and Chief            [FR Doc. 2017–27962 Filed 12–26–17; 8:45 am]
                                             Federal Regulations as follows:                         Counsel.
                                                                                                                                                           BILLING CODE 7535–01–P
                                                                                                       By order of the Board of Governors of the
                                             PART 228—COMMUNITY                                      Federal Reserve System, acting through the
                                             REINVESTMENT (REGULATION BB)                            Secretary of the Board under delegated
                                                                                                     authority.                                            BUREAU OF CONSUMER FINANCIAL
                                             ■  5. The authority citation for part 228               Ann E. Misback,                                       PROTECTION
                                             is revised to read as follows:                          Secretary of the Board.
                                                                                                                                                           12 CFR Part 1003
                                               Authority: 12 U.S.C. 321, 325, 1828(c),                 By order of the Board of Directors.
                                             1842, 1843, 1844, and 2901 et seq.
                                                                                                       Dated at Washington, DC, this 14th day of           Home Mortgage Disclosure
                                             ■ 6. Section 228.12 is amended by                       December 2017.                                        (Regulation C) Adjustment to Asset-
                                             revising paragraph (u)(1) to read as                    Federal Deposit Insurance Corporation.                Size Exemption Threshold
                                             follows:                                                Robert E. Feldman,
                                                                                                                                                           AGENCY:  Bureau of Consumer Financial
                                             § 228.12   Definitions.                                 Executive Secretary.
                                                                                                                                                           Protection.
                                                                                                     [FR Doc. 2017–27813 Filed 12–26–17; 8:45 am]
                                             *      *    *     *     *                                                                                     ACTION: Final rule; official commentary.
                                                (u) Small bank—(1) Definition. Small                 BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P

                                             bank means a bank that, as of December                                                                        SUMMARY:   The Bureau of Consumer
                                             31 of either of the prior two calendar                                                                        Financial Protection (Bureau) is issuing
                                             years, had assets of less than $1.252                   NATIONAL CREDIT UNION                                 a final rule amending the official
                                             billion. Intermediate small bank means                  ADMINISTRATION                                        commentary that interprets the
                                             a small bank with assets of at least $313                                                                     requirements of the Bureau’s Regulation
                                             million as of December 31 of both of the                12 CFR Part 790                                       C (Home Mortgage Disclosure) to reflect
                                             prior two calendar years and less than                  RIN 3133–AE81                                         the asset-size exemption threshold for
                                             $1.252 billion as of December 31 of                                                                           banks, savings associations, and credit
                                             either of the prior two calendar years.                 Agency Reorganization; Correction                     unions based on the annual percentage
                                             *      *    *     *     *                               AGENCY:  National Credit Union                        change in the average of the Consumer
                                                                                                     Administration (NCUA).                                Price Index for Urban Wage Earners and
                                             FEDERAL DEPOSIT INSURANCE                                                                                     Clerical Workers (CPI–W). Based on the
                                             CORPORATION                                             ACTION: Final rule; correction.
                                                                                                                                                           2.1 percent increase in the average of
                                             12 CFR Chapter III                                      SUMMARY:    The NCUA is correcting a                  the CPI–W for the 12-month period
                                                                                                     final rule that appeared in the Federal               ending in November 2017, the
                                             Authority and Issuance                                                                                        exemption threshold is adjusted to
                                                                                                     Register on December 20, 2017. The
                                               For the reasons set forth in the                      document implemented certain features                 increase to $45 million from $44
                                             SUPPLEMENTARY INFORMATION section, the                  of the NCUA reorganization that the                   million. Therefore, banks, savings
                                             Board of Directors of the Federal                       NCUA Board announced earlier this                     associations, and credit unions with
                                             Deposit Insurance Corporation amends                    year. This correction amends one                      assets of $45 million or less as of
                                             part 345 of chapter III of title 12 of the              reference within the document.                        December 31, 2017, are exempt from
                                             Code of Federal Regulations to read as                  DATES: This correction is effective                   collecting data in 2018.
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                                             follows:                                                January 6, 2018.                                      DATES: This final rule is effective
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      January 1, 2018.
                                             PART 345—COMMUNITY
                                             REINVESTMENT                                            Elizabeth Wirick, Senior Staff Attorney,              FOR FURTHER INFORMATION CONTACT:
                                                                                                     Office of General Counsel, 1775 Duke                  Monique Chenault, Paralegal Specialist,
                                             ■ 7. The authority citation for part 345                Street, Alexandria, VA 22314 or                       Office of Regulations, Consumer
                                             continues to read as follows:                           telephone (703) 518–6540.                             Financial Protection Bureau, 1700 G


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Document Created: 2017-12-27 02:23:34
Document Modified: 2017-12-27 02:23:34
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 Date: January 1, 2018.
ContactOCC: Emily Boyes, Attorney, Community and Consumer Law Division, (202) 649-6350; Christopher Rafferty, Law Clerk, Legislative and Regulatory Activities Division, (202) 649-5490; for persons who are deaf or hearing impaired, TTY, (202) 649-5597; or Vonda Eanes, Director, Compliance Risk Policy Division, (202) 649-5470, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219.
FR Citation82 FR 61143 
RIN Number1557-AE30, 7100-AE84 and 3064-AE58
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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