Unknown. Joint final rule; technical amendment

4,146 words·~19 min read·/register/2011/12/22/2011-32727

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-2011-12-22.xml --- 76 246 Thursday, December 22, 2011 Contents Agriculture Agriculture Department See Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79646 2011-32731 Bureau of Consumer Financial Protection RULES Truth in Lending, 79768-80080 2011-31715 Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Operations in the Outer Continental Shelf for Minerals Other than Oil, Gas, and Sulphur, 79705-79707 2011-32862 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Income and Program Participation Wave 13 of the 2008 Panel, 79650-79651 2011-32796 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Mother and Infant Home Visiting Program Evaluation;

Site Recruitment, 79688 2011-32824 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 79649 2011-32797 Louisiana Advisory Committee, 79649-79650 2011-32800 Coast Guard Coast Guard RULES Drawbridge Operations: New Jersey Intracoastal Waterway, Atlantic City, NJ, 79534-79536 2011-32735 Processing of Merchant Mariner Credentials for those Mariners not Requiring a Transportation Worker, 79544-79545 2011-32852 Security Zones: Captain of the Port Lake Michigan;

Technical Amendment, 79536-79537 2011-32860 PROPOSED RULES Special Local Regulations: Patriot Challenge Kayak Race, Ashley River, Charleston, SC, 79571-79574 2011-32850 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commission Fine Commission of Fine Arts NOTICES Meetings, 79656 2011-32707 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals; Correction, 79656 2011-32724 Comptroller Comptroller of the Currency RULES Community Reinvestment Act Regulations, 79529-79531 2011-32727 Consumer Product Consumer Product Safety Commission NOTICES Provisional Acceptances of Settlement Agreements: E & B Giftware LLC, 79656-79658 2011-32861 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulation: Clarification of Standards for Computer Generation of Forms, 79609-79610 2011-32722 NOTICES Arms Sales, 79658-79660 2011-32795 Privacy Act;

Systems of Records, 79660-79664 2011-32771 2011-32779 2011-32783 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79665 2011-32820 Employment and Training Employment and Training Administration NOTICES Labor Certification Process for Temporary Employment of Aliens in Agriculture in the U.S.: 2012 Adverse Effect Wage Rates, 79711-79712 2011-32842 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79665-79666 2011-32806 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Residential Clothes Washer Test Procedure Waivers: LG Electronics USA, 79666-79669 2011-32808 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Delaware; Adhesives and Sealants Rule, 79537-79539 2011-32646 West Virginia; Revised Motor Vehicle Emission Budgets, etc.; Correction, 79539-79541 2011-32647 Petition From New Jersey Regarding SO2 Emissions From the Portland Generating Station:

Revisions to Final Response, 79541-79544 2011-32652 PROPOSED RULES Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes: Illinois; Redesignation of the Illinois Portion of the St. Louis, MO-IL Area to Attainment for the 1997 8-hour Ozone Standard, 79579-79593 2011-32828 Approval, and Promulgation of Air Quality Implementation Plans: Ohio; Redesignation of the Ohio portion of the Huntington-Ashland Area to Attainment of the 1997 Annual Standard for Fine Particulate Matter, 79593-79604 2011-32819 Petition From New Jersey Regarding SO2 Emissions From the Portland Generating Station:

Revisions to Final Response, 79574-79578 2011-32653 Water Quality Standards; Effective Dates: State of Florida's Lakes and Flowing Waters, 79604-79607 2011-32793 NOTICES Proposed CERCLA Administrative Cost Recovery Settlement: North Hollywood Operable Unit of the San Fernando Valley Area 1 Superfund Site, 79678-79679 2011-32805 Export Import Export-Import Bank NOTICES Economic Impact Policy, 79679 2011-32774 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Airplanes, 79558-79563 2011-32844 2011-32845 Amendment of Class E Airspace: Sheridan, WY, 79563-79564 2011-32801 Establishment of Class E Airspace: Bellefonte, PA, 79564-79565 2011-32802 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79752-79753 2011-32807 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certifications -- Airmen Other Than Flight Crewmembers, Aircraft Dispatchers and Aircraft Dispatcher Courses, 79753-79754 2011-32859 Recording of Aircraft Conveyances and Security Documents, 79754 2011-32858 Survey of Airman Satisfaction with Aeromedical Certification Services, 79753 2011-32856 Meetings:

RTCA Special Committee 220, Automatic Flight Guidance and Control, 79754-79755 2011-32864 RTCA Special Committee 226, Audio Systems and Equipment, 79755 2011-32863 Federal Communications Federal Communications Commission PROPOSED RULES Local Number Portability Porting Interval and Validation Requirements: Telephone Number Portability, 79607-79609 2011-32823 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79679-79682 2011-32786 2011-32788 Federal Deposit Federal Deposit Insurance Corporation RULES Community Reinvestment Act Regulations, 79529-79531 2011-32727 Federal Energy Federal Energy Regulatory Commission NOTICES Applications For Abandonment:

ANR Pipeline Co., 79669-79670 2011-32742 Applications: Chitina Electric Inc., 79672-79673 2011-32768 Historic Harrisville, Inc., 79670-79671 2011-32738 PacifiCorp, 79673-79674 2011-32766 Parker Knoll Hydro, LLC, 79671-79672 2011-32763 Tennessee Gas Pipeline Co., LLC, 79673 2011-32767 Complaints: Benjamin Riggs v. Rhode Island Public Utility Commission, 79674-79675 2011-32764 Extension Of Time: DCP Raptor Pipeline, LLC, 79675 2011-32740 Overland Trail Transmission, LLC, 79675 2011-32739 Pelico Pipeline, LLC, 79675 2011-32736 Meetings:

California Independent System Operator Corp.; Technical Conference, 79676-79677 2011-32765 Pomperaug Hydro Project, 79675 2011-32737 Onsite Environmental Review: Dominion Transmission Inc., 79677-79678 2011-32741 Petitions for Declaratory Orders: City of Banning, CA, 79678 2011-32743 Trans-Allegheny Interstate Line Co., 79678 2011-32769 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Interstate 95 High Occupancy Toll Lanes Project in Virginia, 79755-79756 2011-32827 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licenses;

Applicants, 79682 2011-32712 Ocean Transportation Intermediary Licenses; Revocations, 79682-79683 2011-32711 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 79756-79760 2011-32714 2011-32717 Qualification of Drivers; Exemption Applications; Vision, 79760-79763 2011-32710 2011-32716 Federal Procurement Federal Procurement Policy Office RULES Cost Accounting Standards: Applicability Threshold for the Inflation Adjustment to the Truth in Negotiations Act Threshold, 79545-79547 2011-32726 Federal Reserve Federal Reserve System RULES Community Reinvestment Act Regulations, 79529-79531 2011-32727 Fine Arts Commission See Commission of Fine Arts Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Blood Establishment Registration and Product Listing, 79691-79692 2011-32777 Current Good Manufacturing Practices and Related Regulations for Blood and Blood Components, etc., 79692-79697 2011-32778 Establishment and Operation of Clinical Trial Data Monitoring Committees, 79689-79691 2011-32776 Penicillin and Tetracycline Used in Animal Feed, 79697-79701 2011-32775 Withdrawal of Approval of 70 New Drug Applications and 97 Abbreviated New Drug Applications:

Bristol-Myers Squibb Co., et al.; Correction, 79701-79702 2011-32822 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nutrition Assistance in Farmers' Markets - Understanding the Shopping Patterns of SNAP Participants, 79646-79648 2011-32798 Understanding the Rates, Causes, and Costs of Churning in the Supplemental Nutrition Assistance Program, 79648-79649 2011-32799 Foreign Assets Foreign Assets Control Office NOTICES Supplemental Identification Information for Two Individuals Designated Pursuant to Executive Order 13224, 79765-79766 2011-32725 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulation:

Clarification of Standards for Computer Generation of Forms, 79609-79610 2011-32722 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79683-79684 2011-32729 Meetings: Health Information Technology Policy Committee, 79684 2011-32792 Health Information Technology Standards Committee, 79684-79685 2011-32790 Privacy Act;

Systems of Records, 79685-79688 2011-32791 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Housing Assistance Payments and Special Claims Processing, 79703-79704 2011-32815 Technical Assistance and Capacity Building under the Transformation Initiative, 79703 2011-32734 Annual Indexing of Basic Statutory Mortgage Limits for Multifamily Housing Programs, 79704-79705 2011-32811 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Land Management Bureau See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service RULES Section 482;

Methods to Determine Taxable Income in Connection with Cost Sharing Arrangement, 80082-80136 2011-32458 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Stainless Steel Butt-Weld Pipe Fittings from Italy, 79651-79655 2011-32839 Extension of Time Limit for Preliminary Results: Honey from Argentina, 79655 2011-32836 Meetings: Manufacturing Council, 79655-79656 2011-32826 International Trade Com International Trade Commission NOTICES Determination to Review in Part a Final Initial Determination;

Schedule for Filing Written Submissions: Certain Portable Electronic Devices and Related Software, 79708-79710 2011-32732 Meetings; Sunshine Act, 79710 2011-32986 Justice Department Justice Department NOTICES Lodging of Consent Decrees Under CERCLA, 79710 2011-32831 Lodging of Consent Decrees Under the Clean Water Act, 79710-79711 2011-32773 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Filing of Plats: Colorado, 79707 2011-32840 Meetings:

Coeur d'Alene District Resource Advisory Council Meeting; Idaho, 79707-79708 2011-32838 Twin Falls District Resource Advisory Council, Idaho, 79707 2011-32829 Management Management and Budget Office See Federal Procurement Policy Office Maritime Maritime Administration NOTICES Requests for Administrative Waiver of the Coastwise Trade Laws: Vessel DREAM CATCHER, 79764 2011-32812 Vessel TANGO, 79763-79764 2011-32814 Use of Foreign-Flag Anchor Handling Vessels in the Beaufort Sea or Chukchi Sea Adjacent to Alaska, 79764-79765 2011-32809 Millenium Millennium Challenge Corporation NOTICES Report on the Selection of Eligible Countries for Fiscal Year 2012, 79712-79714 2011-32733 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation:

Clarification of Standards for Computer Generation of Forms, 79609-79610 2011-32722 National Credit National Credit Union Administration RULES Corporate Credit Unions, 79531-79534 2011-32721 PROPOSED RULES Loan Participations; Purchase, Sale and Pledge of Eligible Obligations: Purchase of Assets and Assumption of Liabilities, 79548-79553 2011-32719 Maintaining Access to Emergency Liquidity, 79553-79558 2011-32720 National Indian National Indian Gaming Commission PROPOSED RULES Management Contracts Background Investigations, 79565-79567 2011-32759 Tribal Background Investigations and Licensing, 79567-79571 2011-32760 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 79702 2011-32834 Meetings: Center for Scientific Review, 79702 2011-32837 National Labor National Labor Relations Board RULES Representation; Case Procedures, 80138-80189 2011-32642 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Gulf of Alaska 2012 and 2013 Harvest Specifications for Groundfish, 79620-79645 2011-32848 Fisheries of the Northeastern United States:

Atlantic Herring Fishery; Adjustment to 2012 Annual Catch Limits, 79610-79612 2011-32846 Northeast Multispecies Fishery; Amendment 17, 79612-79619 2011-32851 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Golden Gate National Recreation Area, CA, 79708 2011-32833 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Premium Changes Based on Recharacterization of Contributions, 79714 2011-32804 Securities Securities and Exchange Commission NOTICES Program for Allocation of Regulatory Responsibilities:

BATS Exchange, Inc., BATS Y-Exchange, Inc., Chicago Board Options Exchange, Inc., et al., 79714-79723 2011-32753 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 79725-79726, 79732-79734 2011-32755 2011-32756 ICE Clear Credit LLC, 79729-79731 2011-32781 International Securities Exchange, LLC, 79723-79725 2011-32748 Municipal Securities Rulemaking Board, 79738-79741 2011-32754 NASDAQ OMX BX, Inc., 79734-79738 2011-32750 2011-32752 NASDAQ OMX PHLX LLC, 79748-79750 2011-32749 New York Stock Exchange LLC, 79726-79727 2011-32817 NYSE Amex LLC, 79728-79729 2011-32816 NYSE Arca, Inc., 79741-79748 2011-32751 Options Clearing Corp., 79731-79732 2011-32780 Small Business Small Business Administration NOTICES Disaster Declarations:

California, 79751 2011-32785 Texas; Amendment 3, 79751 2011-32789 Texas; Amendment 4, 79750-79751 2011-32784 State Department State Department NOTICES Assistance to St. Kitts and Nevis, 79751 2011-32810 Charter Renewals: Industry Advisory Panel, 79751-79752 2011-32813 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 2011-32770 79752 2011-32772 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II Bureau of Consumer Financial Protection, 79768-80080 2011-31715 Part III Treasury Department, Internal Revenue Service, 80082-80136 2011-32458 Part IV National Labor Relations Board, 80138-80189 2011-32642 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. 76 246 Thursday, December 22, 2011 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Parts 25 and 195 [Docket ID OCC-2011-0027] RIN 1557-AD60 FEDERAL RESERVE SYSTEM 12 CFR Part 228 [Regulation BB;

Docket No. R-1437] 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 Date:* January 1, 2012. 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:* Celeste Anderson, Senior Supervisory Consumer Financial Services Analyst,

(202)452-2677; 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:* Janet R. Gordon, Senior Policy Analyst, Division of Depositor and Consumer Protection, Supervisory 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. 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), 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. 22, 2007). 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 563e. 72 FR 13429. 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 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 1 Public Law 111-203, 124 Stat. 1376 (2010). 2 *See* OCC interim final rule, 76 FR 48950 (Aug. 9, 2011). 3 *See* Board interim final rule, 76 FR 56508 (Sept. 13, 2011). The threshold for small banks and small savings associations was revised most recently effective January 1, 2011 (75 FR 82217 (Dec. 30, 2010)). The CRA regulations, effective January 1, 2011, provide that banks and savings associations that, as of December 31 of either of the prior two calendar years, had assets of less than $1.122 billion are “small banks” or “small savings associations.” Small banks and 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.” 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 2011, the CPIW increased by 3.43 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, 2012, 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 or 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.” 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), 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, 2012. 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. 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. 12 CFR Part 345 Banks, banking, Community development, Credit, Investments, Reporting and recordkeeping requirements. Department of the Treasury Office of the Comptroller of the Currency 12 CFR Chapter I For the reasons discussed in the SUPPLEMENTARY INFORMATION section, 12 CFR parts 25 and 195 are amended as follows: PART 25—COMMUNITY REINVESTMENT ACT AND INTERSTATE DEPOSIT PRODUCTION REGULATIONS 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. Revise § 25.12(u)(1) to read as follows: § 25.12 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 $1.160 billion. *Intermediate small savings association* means a small savings association 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. Federal Reserve System 12 CFR Chapter II For the reasons set forth in the SUPPLEMENTARY INFORMATION section, the Board of Governors of the Federal Reserve System amends part 228 of chapter II of title 12 of the Code of Federal Regulations as follows: PART 228—COMMUNITY REINVESTMENT (REGULATION BB) 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 $1.160 billion. *Intermediate small bank* means a small bank 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. Federal Deposit Insurance Corporation 12 CFR Chapter III Authority and Issuance For the reasons set forth in the SUPPLEMENTARY INFORMATION section, the Board of Directors of the Federal Deposit Insurance Corporation amends part 345 of chapter III of title 12 of the Code of Federal Regulations to read as follows: PART 345—COMMUNITY REINVESTMENT 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 $1.160 billion. *Intermediate small bank* means a small bank 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. Dated: December 13, 2011. 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 16, 2011. Robert deV. Frierson, Deputy Secretary of the Board. By order of the Board of Directors. Dated at Washington, DC, this 13th day of December, 2011. Federal Deposit Insurance Corporation. Valerie J. Best, Assistant Executive Secretary. [FR Doc. 2011-32727 Filed 12-21-11; 8:45 am]

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