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68662 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations List of Subjects DEPARTMENT OF THE TREASURY 11 CFR Part 100 Office of the Comptroller of the Currency Elections. 11 CFR Part 106 12 CFR Part 25 Campaign funds, Political committees and parties, Reporting and recordkeeping requirements. [Docket ID OCC–2009–0019] For the reasons set out in the preamble, the Commission is amending Subchapter A of Chapter I of Title 11 of the Code of Federal Regulations as follows: ■ PART 100—SCOPE AND DEFINITIONS (2 U.S.C. 431) 1. The authority citation for part 100 continues to read as follows: ■ RIN 1550–AC37 * PART 106—ALLOCATIONS OF CANDIDATE AND COMMITTEE ACTIVITIES 3. The authority citation for part 106 continues to read as follows: ■ Authority: 2 U.S.C. 438(a)(8), 441a(b), 441a(g). 4. Section 106.6 is amended by adding a note to read as follows: ■ § 106.6 Allocation of expenses between federal and non-federal activities by separate segregated funds and nonconnected committees. * * * * cprice-sewell on DSK2BSOYB1PROD with RULES Note to 11 CFR 106.6: On November 30, 2009, the United States District Court for the District of Columbia ordered that paragraphs (c) and (f) of § 106.6 are vacated. See Final Order, EMILY’s List v. FEC, No. 05–0049 (D.D.C. Nov. 30, 2009). Dated: December 21, 2009. On behalf of the Commission, Steven T. Walther, Chairman, Federal Election Commission. [FR Doc. E9–30767 Filed 12–28–09; 8:45 am] BILLING CODE 6715–01–P VerDate Nov<24>2008 15:16 Dec 28, 2009 Jkt 220001 12 CFR Part 345 [Docket ID OTS–2009–0022] Note to § 100.57: On November 30, 2009, the United States District Court for the District of Columbia ordered that § 100.57 is vacated. See Final Order, EMILY’s List v. FEC, No. 05–0049 (D.D.C. Nov. 30, 2009). * FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 563e § 100.57 Funds received in response to solicitations. * [Regulation BB; Docket No. R–1380] Office of Thrift Supervision 2. Section 100.57 is amended by adding a note to read as follows: * 12 CFR Part 228 DEPARTMENT OF THE TREASURY ■ * FEDERAL RESERVE SYSTEM RIN 3064–AD54 Authority: 2 U.S.C. 431, 434, 438(a)(8), and 439a(c). * RIN 1557–AD29 Community Reinvestment Act Regulations AGENCIES: Office of the Comptroller of the Currency, Treasury (OCC); Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); Office of Thrift Supervision, Treasury (OTS). ACTION: Joint final rule; technical amendment. SUMMARY: The OCC, the Board, the FDIC, and the OTS (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 Date: January 1, 2010. FOR FURTHER INFORMATION CONTACT: OCC: Margaret Hesse, Special Counsel, Community and Consumer Law Division, (202) 874–5750; or Gregory Nagel or Brian Borkowicz, National Bank Examiners, Compliance Policy Division, (202) 874–4428, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. Board: Rebecca Lassman, Supervisory Consumer Financial Services Analyst, PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 (202) 452–3946; or Brent Lattin, Attorney, (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: Janet R. Gordon, Senior Policy Analyst, Division of Supervision and Consumer Protection, Compliance Policy Branch, (202) 898–3850; or Susan van den Toorn, Counsel, Legal Division, (202) 898–8707, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. OTS: Stephanie M. Caputo, Senior Compliance Program Analyst, Compliance and Consumer Protection, (202) 906–6549; or Richard Bennett, Senior Compliance Counsel, Regulations and Legislation Division, (202) 906–7409, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. 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 institutions 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), 228.12(u)(2), 345.12(u)(2), and 563e.12(u)(2). The threshold for small banks and small savings associations was revised most recently effective January 1, 2009 (73 FR 78153 (Dec. 22, 2008)). The CRA regulations, as revised on December 22, 2008, provide that banks and savings associations that, as of December 31 of either of the prior two calendar years, had assets of less than $1.109 billion are ‘‘small banks’’ or ‘‘small savings associations.’’ Small banks and small savings associations with assets of at least $277 million as of December 31 of both of the prior two calendar years and less than $1.109 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), 228.12(u)(1), 345.12(u)(1), 563e.12(u)(1). This joint final rule further revises these thresholds. E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations cprice-sewell on DSK2BSOYB1PROD with RULES During the period ending November 2009, the CPIW decreased by 0.98 percent. As a result, the agencies are revising 12 CFR 25.12(u)(1), 228.12(u)(1), 345.12(u)(1), and 563e.12(u)(1) to make this annual adjustment. Beginning January 1, 2010, banks and savings associations that, as of December 31 of either of the prior two calendar years, had assets of less than $1.098 billion are ‘‘small banks’’ or ‘‘small savings associations.’’ Small banks or small savings associations with assets of at least $274 million as of December 31 of both of the prior two calendar years and less than $1.098 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 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), 228.12(u)(1), 345.12(u)(1), and 563e.12(u)(1) are amended by adjusting the asset-size thresholds as provided for in §§ 25.12(u)(2), 228.12(u)(2), 345.12(u)(2), and 563e.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, 2010. 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 VerDate Nov<24>2008 15:16 Dec 28, 2009 Jkt 220001 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 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. Ch. 3506; 5 CFR part 1320), the agencies reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. Executive Order 12866 The OCC and OTS have each determined that its portion of this joint final rule is not a significant regulatory action as defined in Executive Order 12866. 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. Executive Order 13132 The OCC and OTS have each determined that its portion of this joint final rule does not have any Federalism PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 68663 implications as required by Executive Order 13132. List of Subjects 12 CFR Part 25 Community development, Credit, Investments, National banks, Reporting and recordkeeping requirements. 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. 12 CFR Part 563e Community development, Credit, Investments, Reporting and recordkeeping requirements, Savings associations. Department of the Treasury Office of the Comptroller of the Currency 12 CFR Chapter I For the reasons discussed in the joint preamble, 12 CFR part 25 is 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 2907, and 3101 through 3111. 2. Revise § 25.12(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 $1.098 billion. Intermediate small bank means a small bank with assets of at least $274 million as of December 31 of both of the prior two calendar years and less than $1.098 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 joint preamble, the Board of Governors of the ■ E:\FR\FM\29DER1.SGM 29DER1 68664 Federal Register / Vol. 74, No. 248 / Tuesday, December 29, 2009 / Rules and Regulations Federal Reserve System amends part 228 of chapter II of title 12 of the Code of Federal Regulations as follows: DEPARTMENT OF THE TREASURY Office of Thrift Supervision Office of Thrift Supervision 12 CFR Chapter V PART 228—COMMUNITY REINVESTMENT (REGULATION BB) 12 CFR Part 502 ■ For the reasons discussed in the joint preamble, 12 CFR part 563e is amended as follows: Authority: 12 U.S.C. 321, 325, 1828(c), 1842, 1843, 1844, and 2901 et seq. PART 563e—COMMUNITY REINVESTMENT 2. Revise § 228.12(u)(1) to read as follows: ■ § 228.12 Authority: 12 U.S.C. 1462a, 1463, 1464, 1467a, 1814, 1816, 1828(c), and 2901 through 2907. ■ 1. The authority citation for part 228 continues to read as follows: ■ 1. The authority citation for part 563e continues to read as follows: 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 $1.098 billion. Intermediate small bank means a small bank with assets of at least $274 million as of December 31 of both of the prior two calendar years and less than $1.098 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 joint preamble, 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 Authority: 12 U.S.C. 1814–1817, 1819– 1820, 1828, 1831u and 2901–2907, 3103– 3104, and 3108(a). 2. Revise § 345.12(u)(1) to read as follows: ■ § 345.12 Definitions. * 2. Revise § 563e.12(u)(1) to read as follows: ■ § 563e.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 $1.098 billion. Intermediate small savings association means a small savings association with assets of at least $274 million as of December 31 of both of the prior two calendar years and less than $1.098 billion as of December 31 of either of the prior two calendar years. * * * * * Dated: December 14, 2009. Julie L. Williams, First 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, Dated: December 16, 2009. Jennifer J. Johnson, Secretary of the Board. 1. The authority citation for part 345 continues to read as follows: ■ cprice-sewell on DSK2BSOYB1PROD with RULES Department of the Treasury * * * * (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 $1.098 billion. Intermediate small bank means a small bank with assets of at least $274 million as of December 31 of both of the prior two calendar years and less than $1.098 billion as of December 31 of either of the prior two calendar years. * * * * * By order of the Board of Directors. Dated at Washington, DC, this 17th day of December 2009. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. Dated: December 10, 2009. By the Office of Thrift Supervision, John E. Bowman, Acting Director. [FR Doc. E9–30646 Filed 12–28–09; 8:45 am] BILLING CODES 4810–33–P, 6210–01–P, 6714–01–P, 6720–01–P [OTS No. 2009–0023] Technical Amendments AGENCY: Office of Thrift Supervision, Treasury. ACTION: Final rule. SUMMARY: The Office of Thrift Supervision (OTS) is amending its regulations to incorporate technical and conforming amendments. DATES: Effective Date: December 29, 2009. FOR FURTHER INFORMATION CONTACT: Sandra E. Evans, Legal Information Assistant (Regulations), (202) 906–6086, or Marvin Shaw, Senior Attorney, (202) 906–6639, Regulations and Legislation Division, Chief Counsel’s Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: OTS is amending its regulations to incorporate technical and conforming amendments to Part 502—Assessments and Fees. The final rule makes two changes to part 502. First, the final rule revises section 502.26(a)(1) with respect to the base assessment amount for a savings and loan holding company (SHLC). Specifically, the final rule increases the base assessment amount from $3,000 to $3,500. The increase reflects the change in the Thrift Bulletin TB 48–27 that provides for an adjustment for inflation that is permissible under part 502. Second, the final rule revises section 502.29 with respect to the condition component for a SLHC. Specifically, the final rule replaces the term ‘‘unsatisfactory’’ with the phrase ‘‘a composite rating of 4 or 5.’’ The new phrase reflects a change in an agency guidance titled Savings and Loan Holding Company Rating System issued in the Federal Register.1 Administrative Procedure Act; Riegle Community Development and Regulatory Improvement Act of 1994 OTS finds that there is good cause to dispense with prior notice and comment on this final rule and with the 30-day delay of effective date mandated by the Administrative Procedure Act.2 OTS believes that these procedures are unnecessary and contrary to public interest because the rule merely makes 1 72 25 VerDate Nov<24>2008 15:16 Dec 28, 2009 Jkt 220001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 FR 72442, December 20, 2007. U.S.C. 553. E:\FR\FM\29DER1.SGM 29DER1
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