This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Rules and Regulations Federal Register
79283
Vol. 78, No. 250
Monday, December 30, 2013
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).
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Parts 25 and 195
[Docket ID OCC–2013–0024]
RIN 1557–AD77
FEDERAL RESERVE SYSTEM
12 CFR Part 228
[Regulation BB; Docket No. R–1475]
RIN 7100–AE07
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.
DATES: Effective January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Senior Counsel,
Community and Consumer Law
Division, (202) 649–6350; Melissa J.
Lisenbee, Law Clerk, Legislative and
Regulatory Activities Division, (202)
649–5490; 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: 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: Patience R. Singleton, Senior
Policy Analyst, Supervisory Policy
Branch, Division of Depositor and
Consumer Protection, (202) 898–6958;
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
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
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
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 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, 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
supervision authority.3
The threshold for small banks and
small savings associations was revised
most recently effective January 1, 2013
(77 FR 75521 (Dec. 21, 2012)). The CRA
regulations, effective January 1, 2013,
provided that banks and savings
associations that, as of December 31 of
either of the prior two calendar years,
had assets of less than $1.186 billion are
small banks or small savings
associations. Small banks and 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.
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
2013, the CPIW increased by 1.39
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, 2014,
banks and savings associations that, as
of December 31 of either of the prior two
calendar years, had assets of less than
$1.202 billion are small banks or small
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wreier-aviles on DSK5TPTVN1PROD with RULES
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Rules and Regulations Federal Register
79283
Vol. 78, No. 250
Monday, December 30, 2013
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).
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Parts 25 and 195
[Docket ID OCC–2013–0024]
RIN 1557–AD77
FEDERAL RESERVE SYSTEM
12 CFR Part 228
[Regulation BB; Docket No. R–1475]
RIN 7100–AE07
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.
DATES: Effective January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
OCC: Margaret Hesse, Senior Counsel,
Community and Consumer Law
Division, (202) 649–6350; Melissa J.
Lisenbee, Law Clerk, Legislative and
Regulatory Activities Division, (202)
649–5490; 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: 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: Patience R. Singleton, Senior
Policy Analyst, Supervisory Policy
Branch, Division of Depositor and
Consumer Protection, (202) 898–6958;
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
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
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
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 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, 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
supervision authority.3
The threshold for small banks and
small savings associations was revised
most recently effective January 1, 2013
(77 FR 75521 (Dec. 21, 2012)). The CRA
regulations, effective January 1, 2013,
provided that banks and savings
associations that, as of December 31 of
either of the prior two calendar years,
had assets of less than $1.186 billion are
small banks or small savings
associations. Small banks and 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.
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
2013, the CPIW increased by 1.39
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, 2014,
banks and savings associations that, as
of December 31 of either of the prior two
calendar years, had assets of less than
$1.202 billion are small banks or small
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79284 Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
savings associations. Small banks and
small savings associations with assets of
at least $300 million as of December 31
of both of the prior two calendar years
and less than $1.202 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, 2014. 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 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, 12 CFR parts 25 and 195 are
amended as follows:
PART 25—COMMUNITY
REINVESTMENT ACT AND
INTERSTATE DEPOSIT PRODUCTION
REGULATIONS
■ 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.
■ 2. In § 25.12, revise paragraph (u)(1) to
read as follows:
§ 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 $1.202
billion. Intermediate small bank means
a small bank with assets of at least $300
million as of December 31 of both of the
prior two calendar years and less than
$1.202 billion as of December 31 of
either of the prior two calendar years.
* * * * *
PART 195—COMMUNITY
REINVESTMENT
■ 3. The authority citation for part 195
is revised to read as follows:
Authority: 12 U.S.C. 1462a, 1463, 1464,
1814, 1816, 1828(c), 2901 through 2908, and
5412(b)(2)(B).
■ 4. In § 195.12, revise paragraph (u)(1)
to read as follows:
§ 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
$1.202 billion. Intermediate small
savings association means a small
savings association with assets of at
least $300 million as of December 31 of
both of the prior two calendar years and
less than $1.202 billion as of December
31 of either of the prior two calendar
years.
* * * * *
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savings associations. Small banks and
small savings associations with assets of
at least $300 million as of December 31
of both of the prior two calendar years
and less than $1.202 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, 2014. 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 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, 12 CFR parts 25 and 195 are
amended as follows:
PART 25—COMMUNITY
REINVESTMENT ACT AND
INTERSTATE DEPOSIT PRODUCTION
REGULATIONS
■ 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.
■ 2. In § 25.12, revise paragraph (u)(1) to
read as follows:
§ 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 $1.202
billion. Intermediate small bank means
a small bank with assets of at least $300
million as of December 31 of both of the
prior two calendar years and less than
$1.202 billion as of December 31 of
either of the prior two calendar years.
* * * * *
PART 195—COMMUNITY
REINVESTMENT
■ 3. The authority citation for part 195
is revised to read as follows:
Authority: 12 U.S.C. 1462a, 1463, 1464,
1814, 1816, 1828(c), 2901 through 2908, and
5412(b)(2)(B).
■ 4. In § 195.12, revise paragraph (u)(1)
to read as follows:
§ 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
$1.202 billion. Intermediate small
savings association means a small
savings association with assets of at
least $300 million as of December 31 of
both of the prior two calendar years and
less than $1.202 billion as of December
31 of either of the prior two calendar
years.
* * * * *
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