Unknown. Joint final rule; technical amendment

4,260 words·~19 min read·/register/2010/12/30/2010-32321·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-12-30.xml --- 75 250 Thursday, December 30, 2010 Contents Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Development of Health Risk Assessment Guidance; Public Forum, 82400-82402 2010-32963 Updates on NIOSH-Funded Research, Certification and Standards, etc., 82400 2010-32964 Proposed Consolidated Vaccine Information Materials for Multiple Infant Vaccines, 82402-82405 2010-32965 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Statements of Organization, Functions, and Delegations of Authority, 82405 2010-32957 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Provisions of Services in Interstate Child Support Enforcement; Standard Forms, 82406 2010-32925 Coast Guard Coast Guard RULES Security Zones: Moored Cruise Ships, Port of San Diego, CA, 82243-82246 2010-32914 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency RULES Community Reinvestment Act Regulations, 82217-82219 2010-32321 PROPOSED RULES Risk-Based Capital Standards:

Advanced Capital Adequacy Framework-Basel II; Establishment of Risk-Based Capital Floor, 82317-82323 2010-32190 Defense Department Defense Department RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-48; Introduction, 82566-82567 2010-32901 Federal Acquisition Circular 2005-48; Small Entity Compliance Guide, 82581-82582 2010-32888 Payrolls and Basic Records, 82577-82581 2010-32892 Personal Identity Verification of Contractor Personnel, 82575-82576 2010-32895 Repeal of Small Business Competitiveness Demonstration Program, 82567-82574 2010-32900 Terminating Contracts, 82576-82577 2010-32893 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Action to Ensure Authority to Implement Title V Permitting Programs under Greenhouse Gas Tailoring Rule, 82254-82269 2010-32757 Approvals and Promulgations of State Plans for Designated Facilities and Pollutants:

State of Florida; Control of Large Municipal Waste Combustor Emissions from Existing Facilities, 82269-82272 2010-32971 Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan: Texas Prevention of Significant Deterioration Program, 82430-82461 2010-32786 Federal Implementation Plans: Action to Ensure Authority to Issue Permits, etc., 82246-82254 2010-32784 Greenhouse Gas Emitting-Sources in State Implementation Plans:

Limitation of Approval of Prevention of Significant Deterioration Provisions, 82536-82564 2010-32766 PROPOSED RULES Approvals and Promulgations of Implementation Plans: Ohio; Volatile Organic Compound Emission Control Measures for Lithographic and Letterpress Printing in Cleveland, 82363-82365 2010-32928 Approvals and Promulgations of State Plans for Designated Facilities and Pollutants: State of Florida; Control of Large Municipal Waste Combustor Emissions from Existing Facilities, 82370 2010-32973 Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan:

Texas Prevention of Significant Deterioration Program, 82365-82370 2010-32785 NOTICES Beaches Environmental Assessment and Coastal Health Act, 82382-82386 2010-32926 Environmental Impact Statements; Availability, etc.: Weekly receipt, 82386 2010-32976 Meetings: Next Generation Risk Assessment Public Dialogue Conference, 82387 2010-32977 Product Cancellation Orders for Certain Pesticide Registrations, 82387-82389 2010-32923 Project Waivers of Section 1605 (Buy American Requirement) of 2009 American Recovery and Reinvestment Act:

Buffalo Island Regional Water District, Monette, AR, 82389-82390 2010-32927 Proposed Settlement Agreements, 82390-82392 2010-32929 Proposed Settlement Agreements: Clean Air Act Citizen Suit, 82392-82393 2010-32935 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Air Tractor, Inc. Models AT-802 and AT-802A Airplanes, 82219-82228 2010-32905 IFR Altitudes:

Miscellaneous Amendments, 82228-82236 2010-32233 PROPOSED RULES Airworthiness Directives: Airbus Model A330-200 and -300 Series Airplanes, and Model A340-200 and -300 Series Airplanes; Rescission, 82325-82327 2010-32997 APEX Aircraft Model CAP 10 Airplanes, 82335-82337 2010-32966 Boeing Co. Model 777-200, 300, and 300ER Series Airplanes, 82337-82340 2010-33000 Dassault-Aviation Model FALCON 7X Airplanes, 82327-82329 2010-32999 McDonnell Douglas Corp. Model DC-10-10, DC-10-10F, and MD-10-10F Airplanes, 82333-82335 2010-33001 Piper Aircraft, Inc., Models PA-46-310P, PA-46-350P, and PA-46R-350T Airplanes, 82329-82333 2010-32959 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services;

Various Locations, 82279 2010-32466 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82393-82396 2010-32953 2010-32956 2010-32958 Federal Deposit Federal Deposit Insurance Corporation RULES Community Reinvestment Act Regulations, 82217-82219 2010-32321 PROPOSED RULES Risk-Based Capital Standards: Advanced Capital Adequacy Framework-Basel II; Establishment of Risk-Based Capital Floor, 82317-82323 2010-32190 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 82272-82277 2010-32899 2010-32902 2010-32903 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Tennessee Gas Pipeline Co., 82378-82379 2010-32836 Environmental Assessments; Availability, etc.: Wagon Wheel Associates, 82379 2010-32842 Initial Market-Based Rate Filings Include Request for Blanket Section 204 Authorization: ABN Energy, LLC, 82381 2010-32838 ASC Energy Services, Inc., 82381 2010-32839 Blue Pilot Energy, LLC, 82380 2010-32840 Connecticut Gas and Electric, Inc., 82380-82381 2010-32841 Oracle Energy Services, LLC, 82381-82382 2010-32837 Pinetree Power-Tamworth, Inc., 82379-82380 2010-32835 Meetings:

Electronic Tariff Filings; Technical Conference, 82382 2010-32843 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 82396-82397 2010-33038 Federal Reserve Federal Reserve System RULES Community Reinvestment Act Regulations, 82217-82219 2010-32321 PROPOSED RULES Risk-Based Capital Standards: Advanced Capital Adequacy Framework-Basel II; Establishment of Risk-Based Capital Floor, 82317-82323 2010-32190 Fish Fish and Wildlife Service NOTICES Applications for Permit:

Endangered Species, 82409-82410 2010-32942 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Designated New Animal Drugs for Minor Use and Minor Species, 82406-82407 2010-32948 Imported Food under 2002 Public Health Security and Bioterrorism Preparedness and Response Act, 82407 2010-32946 Foreign Trade Foreign-Trade Zones Board PROPOSED RULES Foreign-Trade Zones in United States, 82340-82362 2010-32940 NOTICES Expansion Applications:

Foreign-Trade Zone 158-Vicksburg/Jackson, MS, 82372 C1--2010--31877 General Services General Services Administration RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-48; Introduction, 82566-82567 2010-32901 Federal Acquisition Circular 2005-48; Small Entity Compliance Guide, 82581-82582 2010-32888 Payrolls and Basic Records, 82577-82581 2010-32892 Personal Identity Verification of Contractor Personnel, 82575-82576 2010-32895 Repeal of Small Business Competitiveness Demonstration Program, 82567-82574 2010-32900 Terminating Contracts, 82576-82577 2010-32893 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Health Insurance Issuers Implementing Medical Loss Ratio Requirements under Patient Protection and Affordable Care Act:

Corrections, 82277-82279 2010-32526 NOTICES Medicaid Program: Initial Core Set of Health Quality Measures for Medicaid-Eligible Adults, 82397-82399 2010-32978 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist Homeless, 82409 2010-32792 Indian Affairs Indian Affairs Bureau NOTICES Meetings:

Advisory Board for Exceptional Children, 82410 2010-32931 Industry Industry and Security Bureau NOTICES Final Decisions and Orders: Yuri I. Montgomery, 82464-82487 2010-32563 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Applications for Duty-Free Entry of Scientific Instruments, 82372 2010-32934 Consolidated Decisions on Applications for Duty-Free Entry of Electron Microscopes:

Vanderbilt University, et al., 82372-82373 2010-32936 Continuations of Antidumping Duty Orders: Wooden Bedroom Furniture from People's Republic of China, 82373-82374 2010-32937 Final Results of Antidumping Duty Changed Circumstances Reviews: Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 82374-82375 2010-32939 Panel Review Requests: Article 1904, North American Free Trade Agreement, 82375-82376 2010-32881 2010-32883 Rescissions of Countervailing Duty Administrative Reviews:

Laminated Woven Sacks from People's Republic of China, 82376-82377 2010-32938 International Trade Com International Trade Commission NOTICES Complaints: Solicitation of Comments Relating to Public Interest, 82410-82411 2010-32866 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 82411-82412 2010-32980 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations:

Federal Acquisition Circular 2005-48; Introduction, 82566-82567 2010-32901 Federal Acquisition Circular 2005-48; Small Entity Compliance Guide, 82581-82582 2010-32888 Payrolls and Basic Records, 82577-82581 2010-32892 Personal Identity Verification of Contractor Personnel, 82575-82576 2010-32895 Repeal of Small Business Competitiveness Demonstration Program, 82567-82574 2010-32900 Terminating Contracts, 82576-82577 2010-32893 National Credit National Credit Union Administration PROPOSED RULES Accuracy of Advertising and Notice of Insured Status, 82323-82325 2010-32127 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Testing Successful Health Communications Surrounding Aging-Related Issues from National Institute on Aging, 82407-82408 2010-32911 Meetings: National Institute of Mental Health, 82408 2010-32907 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off Southern Atlantic States; Amendment 17B, 82280-82295 2010-32831 Fisheries of Northeastern United States:

Atlantic Bluefish Fishery; Quota Transfer, 82295-82296 2010-32951 Summer Flounder Fishery; Quota Transfer, 82295 2010-32947 Fisheries off West Coast States: Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program, etc., 82296-82316 2010-32833 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Proposed Listing Determinations for Five Distinct Population Segments of Atlantic Sturgeon; Extension, 82370-82371 2010-32967 NOTICES Strategic Plans:

Office of Ocean Exploration and Research (FY 2011-FY 2015), 82377-82378 2010-32886 National Park National Park Service PROPOSED RULES Nonfederal Oil and Gas Development within Boundaries of Units of National Park System: Intent to Prepare Environmental Impact Statement , 82362-82363 2010-32545 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82412 2010-32846 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-32919 82413-82414 2010-32920 Exemptions: Carolina Power and Light Co., H. B. Robinson Steam Electric Plant (Unit No. 2), 82414-82415 2010-32917 Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Calls For Nominations: National Medal of Technology and Innovation, 82378 2010-32906 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82416 2010-32913 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

National Slavery and Human Trafficking Prevention Month (Proc. 8621), 82215-82216 2010-33058 EXECUTIVE ORDERS Government Agencies and Employees: Students and Recent Graduates, Recruiting and Hiring (EO 13562), 82583-82589 2010-33169 Securities Securities and Exchange Commission RULES Temporary Rule Regarding Principal Trades with Certain Advisory Clients, 82236-82241 2010-33077 PROPOSED RULES Review of Security-Based Swaps for Mandatory Clearing and Filing Requirements for Clearing Agencies:

Technical Amendments Applicable to All Self-Regulatory Organizations, 82490-82533 2010-32085 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82416-82417 2010-32941 Orders Approving Proposed Rules on Auditing Standards: Public Company Accounting Oversight Board, 82417-82419 2010-32885 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 82419-82420 2010-32891 NASDAQ Stock Market LLC, 82420-82424 2010-32904 State Department State Department RULES Visas:

Waiver for Ineligible Nonimmigrants, 82242-82243 2010-32944 NOTICES Intents to Establish Advisory Committees: Secretary of State's International Council on Women's Business Leadership, 82424 2010-32884 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Prevention, 82408-82409 2010-32858 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemptions: Wichita, Tillman and Jackson Railway Co., Oklahoma Department of Transportation, 82426 2010-32933 Operation Exemptions:

Big Four Terminal Railroad, LLC; RMW Ventures, LLC, 82426-82427 2010-32932 Thrift Supervision Thrift Supervision Office RULES Community Reinvestment Act Regulations, 82217-82219 2010-32321 Trade Representative Trade Representative, Office of United States NOTICES Requests for Public Comments and Announcements of Public Hearings: 2011 Special 301 Review; Identification of Countries under Section 182 of 1974 Trade Act, 82424-82426 2010-32916 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office NOTICES Privacy Act;

Systems of Records, 82427-82428 2010-32918 Customs U.S. Customs and Border Protection RULES Completion of Entry and Entry Summary-Declaration of Value: Technical Correction, 82241-82242 2010-32912 Veteran Affairs Veterans Affairs Department NOTICES Meetings: VASRD Improvement Forum-Updating Disability Criteria for Genitourinary System, Digestive System, etc., 82428 2010-32909 Separate Parts In This Issue Part II Environmental Protection Agency, 82430-82461 2010-32786 Part III Commerce Department, Industry and Security Bureau, 82464-82487 2010-32563 Part IV Securities and Exchange Commission, 82490-82533 2010-32085 Part V Environmental Protection Agency, 82536-82564 2010-32766 Part VI Defense Department, 82566-82581 2010-32901 2010-32900 2010-32893 General Services Administration, 82566-82582 2010-32901 2010-32900 2010-32893 National Aeronautics and Space Administration, 82566-82582 2010-32901 2010-32900 2010-32893 Part VII Presidential Documents, 82583-82589 2010-33169 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 250 Thursday, December 30, 2010 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 25 [Docket ID OCC-2010-0020] RIN 1557-AD32 FEDERAL RESERVE SYSTEM 12 CFR Part 228 [Regulation BB;

Docket No. R-1403] FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 345 RIN 3064-AD68 DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Part 563e [Docket ID OTS-2010-0032] RIN 1550-AC45 Community Reinvestment Act Regulations AGENCY: 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, 2011. FOR FURTHER INFORMATION CONTACT: *OCC:* Margaret Hesse, Special Counsel, Community and Consumer Law Division,

(202)874-5750; or Brian Borkowicz, National Bank Examiner, 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,

(202)452-3946; or Brent Lattin, 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:* 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). 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. As explained in the preamble to these agencies' proposed rule, this particular index is used in other federal lending regulations such as the Home Mortgage Disclosure Act (HMDA). *See* 12 U.S.C. 2808; 12 CFR 203.2(e)(1). OTS adopted an annual adjustment to the asset thresholds in its CRA rule on March 22, 2007, effective July 1, 2007. 72 FR 13429. As OTS explained in the preamble, OTS decided to index the asset thresholds in the same way as the other Federal banking agencies to ensure consistency between the standards used to evaluate savings associations and the standards used to evaluate banks. 72 FR at 13432. OTS also noted that the particular adjustment formula adopted is also used under HMDA. *Id.* Thus, it is an indexing method already familiar to both the agencies and regulated financial institutions. By adopting an adjustment formula consistent with that of the other federal banking agencies, OTS acted consistently with section 303 of the Riegle Community Development and Regulatory Improvement Act of 1994(12 U.S.C. 4803), which OTS interpreted as encouraging the federal banking agencies to work jointly to make uniform all regulations and guidelines implementing common statutory or supervisory policies. The threshold for small banks and small savings associations was revised most recently effective January 1, 2010 (74 FR 68662 (Dec. 29, 2009)). The CRA regulations, as revised on December 29, 2009, provide that banks and savings associations that, as of December 31 of either of the prior two calendar years, had assets of less than $1.098 billion are “small banks” or “small savings associations.” Small banks and 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.” 12 CFR 25.12(u)(1), 228.12(u)(1), 345.12(u)(1), and 563e.12(u)(1). This joint final rule further revises these thresholds. During the period ending November 2010, the CPIW increased by 2.21 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, 2011, banks and savings associations that, as of December 31 of either of the prior two calendar years, had assets of less than $1.122 billion are “small banks” or “small savings associations.” Small banks or small savings associations with assets of at least $280 million as of December 31 of both of the prior two calendar years and less than $1.122 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, 2011. 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 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. Executive Order 12866 Pursuant to Executive Order 12866, OMB's Office of Information and Regulatory Affairs has designated this final rule to be significant but not to have an annual effect on the economy of $100 million or more. 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 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 $1.122 billion. Intermediate small bank means a small bank with assets of at least $280 million as of December 31 of both of the prior two calendar years and less than $1.122 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 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) 1. The authority citation for part 228 continues to read as follows: Authority: 12 U.S.C. 321, 325, 1828(c), 1842, 1843, 1844, and 2901 *et seq.* 2. Revise § 228.12(u)(1) to read as follows: § 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 $1.122 billion. Intermediate small bank means a small bank with assets of at least $280 million as of December 31 of both of the prior two calendar years and less than $1.122 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 1. The authority citation for part 345 continues to read as follows: 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.

(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 $1.122 billion. Intermediate small bank means a small bank with assets of at least $280 million as of December 31 of both of the prior two calendar years and less than $1.122 billion as of December 31 of either of the prior two calendar years. Department of the Treasury Office of Thrift Supervision 12 CFR Chapter V For the reasons discussed in the joint preamble, 12 CFR part 563e is amended as follows: PART 563e—COMMUNITY REINVESTMENT 1. The authority citation for part 563e continues to read as follows: Authority: 12 U.S.C. 1462a, 1463, 1464, 1467a, 1814, 1816, 1828(c), and 2901 through 2907. 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 $1.122 billion. *Intermediate small savings association* means a small savings association with assets of at least $280 million as of December 31 of both of the prior two calendar years and less than $1.122 billion as of December 31 of either of the prior two calendar years. Dated: December 7, 2010. 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, December 15, 2010. Robert deV. Frierson, *Deputy Secretary of the Board.* By order of the Board of Directors. Dated at Washington, DC, this 14th day of December 2010. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary. Dated: December 9, 2010. By the Office of Thrift Supervision, John E. Bowman, Acting Director. [FR Doc. 2010-32321 Filed 12-29-10; 8:45 am]

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