75521Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
accordance with section 28 of the Basic
Provisions.
(2) If you relinquish your insurable
share on any insurable acreage of citrus
fruit on or before the acreage reporting
date of the crop year, insurance will not
attach, no premium will be due, and no
indemnity payable, for such acreage for
that crop year.
* * * * *
10. * * *
* * * * *
(b) * * *
* * * * *
(6) Totaling all such results of section
10(b)(5) for all applicable combinations
of commodity types, intended uses, and
age classes of trees in the unit and
subtracting any indemnities paid for the
current crop year to determine the
amount payable for the unit.
(c) Any individual citrus fruit will be
considered 100 percent damaged, if due
to an insurable cause of loss it is:
(1) On the ground and unmarketable;
or
(2) Unmarketable because it is
immature, unwholesome, decomposed,
adulterated, or otherwise unfit for
human consumption.
(d) Any citrus fruit that can be
processed into products for human
consumption will be considered
marketable. The percent of damage for
the marketable citrus fruit (excluding
citrus fruit sold as fresh or damaged due
to uninsured causes) will be determined
by:
(1) Subtracting the juice content of the
marketable citrus fruit (excluding citrus
fruit sold as fresh or damaged due to
uninsured causes) from:
(i) The average juice content of the
fruit produced on the unit for the three
previous crop years based on your
records, if they are acceptable to us; or
(ii) The default juice content provided
in the Special Provisions, if at least
three years of acceptable juice records
are not furnished or the citrus fruit is
insured as fresh;
(2) Subtracting the juice content of the
marketable citrus fruit (excluding citrus
fruit sold as fresh or damaged due to
uninsured causes) from the official
weight per box for the applicable
commodity type provided in the Special
Provisions;
(3) Dividing the result of section
10(d)(1) by the result of 10(b)(2);
(4) Dividing the official weight per
box for the applicable commodity type
provided in the Special Provisions by:
(i) The average juice content of the
fruit produced on the unit for the three
previous crop years based on your
records, if they are acceptable to us; or
(ii) The default juice content provided
in the Special Provisions, if at least
three years of acceptable juice records
are not furnished or the citrus fruit is
insured as fresh; and
(5) Multiplying the result of section
10(b)(3) by the result of 10(b)(4); and
(6) For citrus fruit insured as fresh
that has a Fresh Fruit Factor listed in
the Special Provisions, making an
additional adjustment to the percent of
damage by:
(i) Subtracting the result of section
10(d)(5) from 100;
(ii) Multiplying the result of section
10(d)(6)(i) by the applicable Fresh Fruit
Factor located in the Special Provisions;
and
(iii) Adding the result of section
10(d)(6)(ii) to the result of section
10(d)(5).
(e) Notwithstanding section 10(d), for
citrus fruit insured as fresh that do not
have a Fresh Fruit Factor provided in
the Special Provisions, any individual
citrus fruit not meeting the applicable
United States Standards for packing as
fresh fruit due to an insured cause of
loss will be considered 100 percent
damaged, except that the percent of
damage for any production sold for an
alternative use will be adjusted in
accordance with section 10(d).
* * * * *
Signed in Washington, DC, on December
18, 2012.
William J. Murphy,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2012–30842 Filed 12–20–12; 8:45 am]
BILLING CODE 3410–08–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Parts 25 and 195
[Docket ID OCC–2012–0015]
RIN 1557–AD60
FEDERAL RESERVE SYSTEM
12 CFR Part 228
[Regulation BB; Docket No. R–1454]
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 345
RIN 3064–AD90
Community Reinvestment Act
Regulations
AGENCIES: 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.
DATES: Effective January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Special
Counsel, Community and Consumer
Law Division, (202) 649–6350; or Bobbie
K. Kennedy, Bank Examiner,
Compliance Policy Division, (202) 649–
5470, Office of the Comptroller of the
Currency, 250 E Street SW.,
Washington, DC 20219.
Board: Catherine M. J. Gates, Senior
Project Manager, (202) 452–2099; or
Nikita Pastor, 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: Pamela A. Freeman, Senior
Examination Specialist, Division of
Depositor and Consumer Protection,
Compliance & CRA Examinations
Branch, (202) 898–3656; or Susan van
den Toorn, Counsel, Legal Division,
(202) 898–8707, 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
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 Consumer
Price Index for Urban Wage Earners and
Clerical Workers (CPIW), not seasonally
adjusted, for each twelve-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
VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1
mstockstill on DSK4VPTVN1PROD with
accordance with section 28 of the Basic
Provisions.
(2) If you relinquish your insurable
share on any insurable acreage of citrus
fruit on or before the acreage reporting
date of the crop year, insurance will not
attach, no premium will be due, and no
indemnity payable, for such acreage for
that crop year.
* * * * *
10. * * *
* * * * *
(b) * * *
* * * * *
(6) Totaling all such results of section
10(b)(5) for all applicable combinations
of commodity types, intended uses, and
age classes of trees in the unit and
subtracting any indemnities paid for the
current crop year to determine the
amount payable for the unit.
(c) Any individual citrus fruit will be
considered 100 percent damaged, if due
to an insurable cause of loss it is:
(1) On the ground and unmarketable;
or
(2) Unmarketable because it is
immature, unwholesome, decomposed,
adulterated, or otherwise unfit for
human consumption.
(d) Any citrus fruit that can be
processed into products for human
consumption will be considered
marketable. The percent of damage for
the marketable citrus fruit (excluding
citrus fruit sold as fresh or damaged due
to uninsured causes) will be determined
by:
(1) Subtracting the juice content of the
marketable citrus fruit (excluding citrus
fruit sold as fresh or damaged due to
uninsured causes) from:
(i) The average juice content of the
fruit produced on the unit for the three
previous crop years based on your
records, if they are acceptable to us; or
(ii) The default juice content provided
in the Special Provisions, if at least
three years of acceptable juice records
are not furnished or the citrus fruit is
insured as fresh;
(2) Subtracting the juice content of the
marketable citrus fruit (excluding citrus
fruit sold as fresh or damaged due to
uninsured causes) from the official
weight per box for the applicable
commodity type provided in the Special
Provisions;
(3) Dividing the result of section
10(d)(1) by the result of 10(b)(2);
(4) Dividing the official weight per
box for the applicable commodity type
provided in the Special Provisions by:
(i) The average juice content of the
fruit produced on the unit for the three
previous crop years based on your
records, if they are acceptable to us; or
(ii) The default juice content provided
in the Special Provisions, if at least
three years of acceptable juice records
are not furnished or the citrus fruit is
insured as fresh; and
(5) Multiplying the result of section
10(b)(3) by the result of 10(b)(4); and
(6) For citrus fruit insured as fresh
that has a Fresh Fruit Factor listed in
the Special Provisions, making an
additional adjustment to the percent of
damage by:
(i) Subtracting the result of section
10(d)(5) from 100;
(ii) Multiplying the result of section
10(d)(6)(i) by the applicable Fresh Fruit
Factor located in the Special Provisions;
and
(iii) Adding the result of section
10(d)(6)(ii) to the result of section
10(d)(5).
(e) Notwithstanding section 10(d), for
citrus fruit insured as fresh that do not
have a Fresh Fruit Factor provided in
the Special Provisions, any individual
citrus fruit not meeting the applicable
United States Standards for packing as
fresh fruit due to an insured cause of
loss will be considered 100 percent
damaged, except that the percent of
damage for any production sold for an
alternative use will be adjusted in
accordance with section 10(d).
* * * * *
Signed in Washington, DC, on December
18, 2012.
William J. Murphy,
Manager, Federal Crop Insurance
Corporation.
[FR Doc. 2012–30842 Filed 12–20–12; 8:45 am]
BILLING CODE 3410–08–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Parts 25 and 195
[Docket ID OCC–2012–0015]
RIN 1557–AD60
FEDERAL RESERVE SYSTEM
12 CFR Part 228
[Regulation BB; Docket No. R–1454]
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 345
RIN 3064–AD90
Community Reinvestment Act
Regulations
AGENCIES: 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.
DATES: Effective January 1, 2013.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Special
Counsel, Community and Consumer
Law Division, (202) 649–6350; or Bobbie
K. Kennedy, Bank Examiner,
Compliance Policy Division, (202) 649–
5470, Office of the Comptroller of the
Currency, 250 E Street SW.,
Washington, DC 20219.
Board: Catherine M. J. Gates, Senior
Project Manager, (202) 452–2099; or
Nikita Pastor, 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: Pamela A. Freeman, Senior
Examination Specialist, Division of
Depositor and Consumer Protection,
Compliance & CRA Examinations
Branch, (202) 898–3656; or Susan van
den Toorn, Counsel, Legal Division,
(202) 898–8707, 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
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 Consumer
Price Index for Urban Wage Earners and
Clerical Workers (CPIW), not seasonally
adjusted, for each twelve-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
VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1
mstockstill on DSK4VPTVN1PROD with
75522 Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations
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).
was first adopted for CRA purposes by
the OCC, Board, and FDIC on August 2,
2005, effective September 1, 2005. 70 FR
44256 (Aug. 2, 2005). As explained in
the SUPPLEMENTARY INFORMATION section
of these agencies’ proposed rule, this
particular index is used in other federal
lending regulations such as the Home
Mortgage Disclosure Act (HMDA). 70 FR
12148 (Mar. 11, 2005). See 12 U.S.C.
2808; 12 CFR 203.2(e)(1). On March 22,
2007, and effective July 1, 2007, the
Office of Thrift Supervision (OTS), the
agency responsible for regulating
savings associations, adopted an annual
adjustment formula consistent with that
of the other federal banking agencies in
its CRA rule 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 and effective July
21, 2011, 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
supervision authority.3
The threshold for small banks and
small savings associations was revised
most recently effective January 1, 2012
(76 FR 79529 (Dec. 22, 2011)). The CRA
regulations, effective January 1, 2012,
provided that banks and savings
associations that, as of December 31 of
either of the prior two calendar years,
had assets of less than $1.160 billion are
small banks or small savings
associations. Small banks and small
savings associations with assets of at
least $290 million as of December 31 of
both of the prior two calendar years and
less than $1.160 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 further revises these
thresholds.
During the period ending November
2012, the CPIW increased by 2.23
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, 2013,
banks and savings associations that, as
of December 31 of either of the prior two
calendar years, had assets of less than
$1.186 billion are small banks or small
savings associations. Small banks or
small savings associations with assets of
at least $296 million as of December 31
of both of the prior two calendar years
and less than $1.186 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
current and historical asset-size
thresholds on the Web site of the
Federal Financial Institutions
Examination Council at http://
www.ffiec.gov/cra/.
Administrative Procedure Act and
Effective Date
Under 5 U.S.C. 553(b)(B) of the
Administrative Procedure Act (APA), an
agency may, for good cause, find (and
incorporate the finding and a brief
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).
Sections 25.12(u)(1), 195.12(u)(1),
228.12(u)(1), and 345.12(u)(1) are
amended by adjusting the asset-size
thresholds as provided for in
§§ 25.12(u)(2), 195.12(u)(2),
228.12(u)(2), and 345.12(u)(2).
Accordingly, since the agencies’ rules
provide no discretion as to the
computation or timing of the revisions
to the asset-size criteria, 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, 2013. 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
twelve-month data as of the end of
November each year.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
does not apply to a rulemaking where a
general notice of proposed rulemaking
is not required. 5 U.S.C. 603 and 604.
As noted previously, the 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
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506;
5 CFR 1320), the agencies reviewed this
final rule. No collections of information
pursuant to the Paperwork Reduction
Act are contained in the final rule.
Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532 (Unfunded Mandates Act),
requires that an agency must prepare a
budgetary impact statement before
promulgating any final rule for which a
general notice of proposed rulemaking
was published. As discussed above, the
agencies have 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.
VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1
mstockstill on DSK4VPTVN1PROD with
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).
was first adopted for CRA purposes by
the OCC, Board, and FDIC on August 2,
2005, effective September 1, 2005. 70 FR
44256 (Aug. 2, 2005). As explained in
the SUPPLEMENTARY INFORMATION section
of these agencies’ proposed rule, this
particular index is used in other federal
lending regulations such as the Home
Mortgage Disclosure Act (HMDA). 70 FR
12148 (Mar. 11, 2005). See 12 U.S.C.
2808; 12 CFR 203.2(e)(1). On March 22,
2007, and effective July 1, 2007, the
Office of Thrift Supervision (OTS), the
agency responsible for regulating
savings associations, adopted an annual
adjustment formula consistent with that
of the other federal banking agencies in
its CRA rule 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 and effective July
21, 2011, 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
supervision authority.3
The threshold for small banks and
small savings associations was revised
most recently effective January 1, 2012
(76 FR 79529 (Dec. 22, 2011)). The CRA
regulations, effective January 1, 2012,
provided that banks and savings
associations that, as of December 31 of
either of the prior two calendar years,
had assets of less than $1.160 billion are
small banks or small savings
associations. Small banks and small
savings associations with assets of at
least $290 million as of December 31 of
both of the prior two calendar years and
less than $1.160 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 further revises these
thresholds.
During the period ending November
2012, the CPIW increased by 2.23
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, 2013,
banks and savings associations that, as
of December 31 of either of the prior two
calendar years, had assets of less than
$1.186 billion are small banks or small
savings associations. Small banks or
small savings associations with assets of
at least $296 million as of December 31
of both of the prior two calendar years
and less than $1.186 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
current and historical asset-size
thresholds on the Web site of the
Federal Financial Institutions
Examination Council at http://
www.ffiec.gov/cra/.
Administrative Procedure Act and
Effective Date
Under 5 U.S.C. 553(b)(B) of the
Administrative Procedure Act (APA), an
agency may, for good cause, find (and
incorporate the finding and a brief
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).
Sections 25.12(u)(1), 195.12(u)(1),
228.12(u)(1), and 345.12(u)(1) are
amended by adjusting the asset-size
thresholds as provided for in
§§ 25.12(u)(2), 195.12(u)(2),
228.12(u)(2), and 345.12(u)(2).
Accordingly, since the agencies’ rules
provide no discretion as to the
computation or timing of the revisions
to the asset-size criteria, 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, 2013. 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
twelve-month data as of the end of
November each year.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
does not apply to a rulemaking where a
general notice of proposed rulemaking
is not required. 5 U.S.C. 603 and 604.
As noted previously, the 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
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506;
5 CFR 1320), the agencies reviewed this
final rule. No collections of information
pursuant to the Paperwork Reduction
Act are contained in the final rule.
Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C.
1532 (Unfunded Mandates Act),
requires that an agency must prepare a
budgetary impact statement before
promulgating any final rule for which a
general notice of proposed rulemaking
was published. As discussed above, the
agencies have 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.
VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1
mstockstill on DSK4VPTVN1PROD with