Unknown. Joint final rule; technical amendment

4,043 words·~18 min read·/register/2013/12/30/2013-30960

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-2013-12-30.xml --- 78 250 Monday, December 30, 2013 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79390 2013-31157 Antitrust Division Antitrust Division NOTICES Complaints: United States v. Gannett Co., Inc., Belo Corp., and Sander Media LLC; Final Judgment and Competitive Impact Statement, 79485-79498 2013-31182 Membership Changes Under the National Cooperative Research and Production Act:

Heterogeneous System Architecture Foundation, 79499 2013-31234 IMS Global Learning Consortium, Inc., 79498 2013-31228 OpenDaylight Project, Inc., 79498 2013-31244 Open-Ix Association, 79498-79499 2013-31249 Antitrust See Antitrust Division Consumer Financial Protection Bureau of Consumer Financial Protection RULES Home Mortgage Disclosure (Regulation C): Adjustment to Asset-Size Exemption Threshold, 79285-79286 2013-31223 Truth in Lending (Regulation Z): Adjustment to Asset-Size Exemption Threshold, 79286-79287 2013-31225 NOTICES Fair Credit Reporting Act Disclosures, 79410-79411 2013-31219 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Upper Mississippi River, Rock Island, IL, 79312 2013-31278 Security Zones: On the Waters in Kailua Bay, Oahu, HI, 79312-79315 2013-31281 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedural Requirements for Requests for Interpretative, No-Action, and Exemptive Letters, 79408-79410 2013-31106 Comptroller Comptroller of the Currency RULES Community Reinvestment Act Regulations, 79283-79285 2013-30960 Defense Department Defense Department See Navy Department NOTICES Competitions Under the America COMPETES Act:

Cyber Grand Challenge, 79411-79412 2013-31072 Privacy Act; Systems of Records, 79412-79413 2013-31089 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Applications for New Awards: National Institute on Disability and Rehabilitation Research, Disability and Rehabilitation Research Projects and Centers Program, Field Initiated Projects Program, 79413-79418 2013-31279 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79418 2013-31222 Energy Conservation Program for Consumer Products and Commercial and Industrial Equipment: Effect of Revised Estimates of the Social Cost of Carbon, 79419-79423 2013-31270 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Energy Efficiency Program for Industrial Equipment: Petition of CSA Group for Classification as a Nationally Recognized Certification Program for Small Electric Motors, 79423-79427 2013-31268 Environmental Protection Environmental Protection Agency RULES Delegated Federal Authorities:

Prevention of Accidental Release, North Dakota Department of Agriculture; Approval of Request, 79317-79319 2013-31269 Standards and Practices for All Appropriate Inquiries under CERCLA , 79319-79324 2013-31112 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Stage II Vapor Recovery Program and Control of Air Pollution from Volatile Organic Compounds, 79340-79344 2013-31107 Washington; Best Available Retrofit Technology for Alcoa Wenatchee, 79344-79359 2013-30894 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 79359-79362 2013-31258 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 79292-79295 2013-31042 Bombardier, Inc. Airplanes, 79287-79289 2013-30288 CFM International S.A. Turbofan Engines, 79295-79298 2013-30862 The Boeing Company Airplanes, 79289-79292 2013-30469 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 79333-79338 2013-31186 Bombardier, Inc. Airplanes, 79329-79333, 79338-79340 2013-31185 2013-31188 Federal Communications Federal Communications Commission PROPOSED RULES Muting for Speech-to-Speech Telephone Services:

Petition Filed by ATandT Services, Inc.; Correction, 79362-79363 2013-31127 Petitions for Reconsideration: Action in Rulemaking Proceeding, 79363 2013-31193 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79446-79451 2013-31177 2013-31178 2013-31179 2013-31180 2013-31181 Federal Deposit Federal Deposit Insurance Corporation RULES Community Reinvestment Act Regulations, 79283-79285 2013-30960 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 79324-79327 2013-31155 PROPOSED RULES Flood Elevation Determinations:

Nicollet County, Minnesota, and Incorporated Areas; Withdrawal, 79362 2013-31022 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Greenwood County, 79427-79428 2013-31083 Combined Filings, 79428-79433 2013-31096 2013-31097 2013-31098 2013-31122 2013-31123 Environmental Assessments; Availability, etc.: Mahoning Hydropower, LLC, Ohio, 79433-79434 2013-31082 Environmental Impact Statements; Availability, etc.: Toledo Bend Hydroelectric Project; Sabine River Authority of Texas and Sabine River Authority, Louisiana, 79434 2013-31081 Meetings:

Revisions to Electric Quarterly Report Filing Process; Technical Conference, 79434-79435 2013-31084 Records Governing Off-the-Record Communications, 79435-79436 2013-31085 Federal Highway Federal Highway Administration NOTICES Buy American Waivers, 79560-79561 2013-31236 Federal Reserve Federal Reserve System RULES Community Reinvestment Act Regulations, 79283-79285 2013-30960 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements: Service Corp. International, and Stewart Enterprises, Inc.;

Analysis, 79451-79454 2013-31153 Food and Drug Food and Drug Administration RULES Cardiovascular Devices: Reclassification of External Counter-Pulsating Devices for Treatment of Chronic Stable Angina, etc., 79304-79308 2013-31216 Reclassification of Intra-Aortic Balloon and Control Systems for Acute Coronary Syndrome, Cardiac and Non-Cardiac Surgery, or Complications of Heart Failure, etc., 79300-79303 2013-31218 Dental Devices: Reclassification of Temporary Mandibular Condyle Prosthesis, 79308-79310 2013-31217 New Animal Drugs for Use in Animal Feeds:

Bambermycins; Correction, 79299 2013-31184 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food Labeling Regulations, 79461-79465 2013-31215 International Drug Scheduling; Convention on Psychotropic Substances, Single Convention on Narcotic Drugs: Tapentadol; Tramadol; Ketamine; gamma-Butyrolactone; 22 Additional Substances, 79465-79469 2013-31212 Meetings: Strategies to Address Hemolytic Complications of Immune Globulin Infusions; Public Workshop, 79469 2013-31213 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities:

Bauer Manufacturing Inc., Foreign-Trade Zone 265, Conroe, TX, 79390-79391 2013-31276 Foreign-Trade Zone 22—Chicago, IL; Electrolux Home Care Products Inc. (Kitting of Home Care Products), Minooka, IL, 79391-79392 2013-31274 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FFATA Subaward and Executive Compensation Reporting Requirements, 79454 2013-31169 FSRS Registration Requirements for Prime Grant Awardees, 79454-79455 2013-31171 System for Award Management Registration Requirements for Prime Grant Recipients, 79455-79456 2013-31170 Meetings:

Government-Wide Travel Advisory Committee, 79456-79457 2013-31167 Privacy Act; Systems of Records, 79457-79460 2013-31165 2013-31166 Strategic Plans, 79460 2013-31168 Geological Geological Survey NOTICES Meetings: Advisory Committee on Climate Change and Natural Resource Science, 79478-79479 2013-31175 Health and Human Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Findings of Research Misconduct, 79460-79461 2013-31160 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79470-79471 2013-31158 Meetings: Discretionary Advisory Committee on Heritable Disorders in Newborns and Children, 79471-79472 2013-31161 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Section Eight Management Assessment Program: Family Self-Sufficiency Program Demonstration; Partial Indicator Waiver, 79310-79312 2013-31044 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Applications for HUD Research, Evaluation, and Demonstration Cooperative Agreements, 79476 2013-31259 Father's Day, 79474 2013-31256 Impact of Housing and Services Interventions on Homeless Families, 79475-79476 2013-31251 Reporting for HUD Research, Evaluation, and Demonstration Cooperative Agreements, 79473-79474 2013-31260 Funding Awards: Choice Neighborhoods Grant Program Fiscal Year 2013, 79477-79478 2013-31248 Interior Interior Department See Geological Survey See Land Management Bureau NOTICES Concession Contracts;

Extensions, 79478 2013-31221 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Initiation and Request for Revocation in Part, 79392-79400 2013-31271 Antidumping and Countervailing Duty New Shipper Reviews: Polyethylene Terephthalate Film, Sheet, and Strip From the People's Republic of China, 79400-79401 2013-31280 Applications for Duty-Free Entry of Electron Microscopes:

University of Minnesota, et al., 79401 2013-31272 Charter Renewals: Advisory Committee on Supply Chain Competitiveness, 79401 2013-31139 Export Trade Certificates of Review: Outdoor Power Equipment Institute, Inc., 79401-79402 2013-31142 International Trade Com International Trade Commission NOTICES Complaints: Certain Standard Cell Libraries, Products Containing or Made Using the Same, Integrated Circuits Made Using the Same, and Products Containing Such Integrated Circuits, 79479-79480 2013-31187 Certain Vision-Based Driver Assistance System Cameras and Components Thereof, 79480-79481 2013-31163 Summary of Commission Practice Relating to Administrative Protective Orders, 79481-79484 2013-31202 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decrees Under CERCLA, CWA, and the Missouri Clean Water Law, 79484 2013-31124 Proposed Consent Decrees Under the Clean Water Act, 79484-79485 2013-31199 Land Land Management Bureau NOTICES Meetings:

Idaho Falls District Resource Advisory Council, 79479 2013-31231 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Support the Safe To Sleep Campaign at the Eunice Kennedy Shriver National Institute for Child Health and Human Development, 79472-79473 2013-31159 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Western Pacific Pelagic Fisheries: Catch and Effort Limits for the U.S.

Participating Territories, 79388-79389 2013-31195 NOTICES Meetings: New England Fishery Management Council, 79402-79403 2013-31173 2013-31174 Takes of Marine Mammals Incidental to Specified Activities: Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts, 79403-79408 2013-31196 Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts; Correction, 79403 2013-31201 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79499-79500 2013-31126 Navy Navy Department NOTICES Records of Decisions: Hawaii-Southern California Training and Testing, 79413 2013-31208 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Material Control and Accounting Regulations and Guidance: Fuel Cycle Facility Material Control and Accounting Plans and Completing the U.S. Nuclear Regulatory Commission Form 327, 79328 2013-31200 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79500-79501 2013-31154 Combined License Applications: Tennessee Valley Authority, Combined License Application for Bellefonte Units 3 and 4; Exemption from the Requirements to Submit an Update to the Departures Report Submitted, 79503-79505 2013-31235 Tennessee Valley Authority, Exemption from the Requirement to Submit an Annual Update to the Final Safety Analysis Report, 79501-79503 2013-31232 Exemptions from Requirements: Tennessee Valley Authority, Revise Combined License Application to Address Enhancements to Emergency Preparedness Rules, 79506-79508 2013-31210 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials:

Adoption of ASME Code Section XII and the National Board Inspection Code, 79363-79388 2013-31046 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 79561-79563 2013-31162 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 79508-79509 2013-31103 2013-31104 Securities Securities and Exchange Commission RULES Securities Exempted: Distribution of Shares by Registered Open-End Management Investment Company; Applications Regarding Joint Enterprises or Arrangements and Certain Profit-Sharing Plans, 79298-79299 2013-31172 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 79510 2013-31138 Applications for Deregistration, 79510-79511 2013-31135 Applications: IndexIQ ETF Trust, et al., 79511-79524 2013-31136 2013-31137 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 79534 2013-31133 Financial Industry Regulatory Authority, Inc., 79542-79559 2013-31134 Miami International Securities Exchange LLC, 79530-79533 2013-31128 NASDAQ OMX PHLX LLC, 79534 2013-31132 NASDAQ Stock Market LLC, 79539-79541 2013-31129 New York Stock Exchange LLC, 79534-79539 2013-31130 NYSE Arca, Inc., 79524-79530 2013-31131 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Khirbet el-Maqatir: History of a Biblical Site, 79560 2013-31064 Miro: The Experience of Seeing, 79559-79560 2013-31087 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department RULES Copayments for Medications in 2014, 79315-79317 2013-31102 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Medical and Nonmedical Applications, 79564 2013-31071 VA MATIC Authorization, 79563-79564 2013-31067 Discontinuance of Annual Financial Assessments; Delay in Implementation, 79564-79565 2013-31164 Western Western Area Power Administration NOTICES Boulder Canyon Project Post 2017 Resource Pool, 79436-79444 2013-31214 Loveland Area Projects 2025 Power Marketing Initiative, 79444-79446 2013-31220 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. 78 250 Monday, December 30, 2013 Rules and Regulations 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 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, 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 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. Federal Reserve System 12 CFR Chapter II For the reasons set forth in the 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) 5. 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.* 6. In § 228.12, revise paragraph (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 $1.202 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. Federal Deposit Insurance Corporation 12 CFR Chapter III Authority and Issuance For the reasons set forth in the 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 7. The authority citation for part 345 continues to read as follows: Authority: 12 U.S.C. 1814-1817, 1819-1820, 1828, 1831u and 2901-2908, 3103-3104, and 3108(a). 8. In § 345.12, revise paragraph (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 $1.202 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. Dated: December 18, 2013. Amy S. Friend, Senior Deputy Comptroller and Chief Counsel. By order of the Board of Governors of the Federal Reserve System, under delegated authority, December 19, 2013. Robert deV. Frierson, Secretary of the Board. By order of the Board of Directors. Dated at Washington, DC, this 19th day of December, 2013. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2013-30960 Filed 12-27-13; 8:45 am]

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