Unknown. Joint final rule; technical amendment

4,808 words·~22 min read·/register/2020/12/23/2020-28116·

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-2020-12-23.xml --- 85 247 Wednesday, December 23, 2020 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Freedom of Information/Privacy Act Requests, 83883 2020-28359 Agriculture Agriculture Department See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Commerce in Explosives: 2020 Annual List of Explosive Materials, 83999-84001 2020-28404 Army Army Department NOTICES Environmental Impact Statements;

Availability, etc.: Heat and Electrical Upgrades at Fort Wainwright, AK, 83908 2020-28322 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Fair Credit Reporting Act Disclosures, 83749-83751 2020-28409 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Board on Radiation and Worker Health, 83964 2020-28378 Advisory Board on Radiation and Worker Health, Subcommittee for Procedure Reviews, 83964-83965 2020-28377 Advisory Board on Radiation and Worker Health, Subcommittee on Dose Reconstruction Review, 83965-83966 2020-28379 Requests for Nominations:

Advisory Committee on Breast Cancer in Young Women, 83963 2020-28380 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 83966-83968 2020-28369 2020-28224 Civil Rights Civil Rights Commission NOTICES Meetings: Alabama Advisory Committee, 83884-83885 2020-28289 Arkansas Advisory Committee, 83884 2020-28339 Kansas Advisory Committee, 83885 2020-28291 Coast Guard Coast Guard NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 83982-83984 2020-28332 2020-28333 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department See Army Department NOTICES Arms Sales, 83908-83917 2020-28320 2020-28321 2020-28323 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance;

Determinations, 83885-83886 2020-28401 Education Department Education Department PROPOSED RULES Priorities, Requirements and Definitions: Expanding Opportunity Through Quality Charter Schools Program; National Dissemination Grants, 83862-83868 2020-28411 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report on Appeals Process, 83922-83923 2020-28348 Applications for New Awards: American Indian Vocational Rehabilitation Services, 83918-83922 2020-28541 Reopening the Application Period for Certain Applicants Under the Higher Education Emergency Relief Fund;

Coronavirus Aid, Relief, and Economic Security Act, 83917-83918 2020-28501 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Application: Gulf LNG Liquefaction Company, LLC, 83935-83937 2020-28416 Energy Conservation Program: Waiver of Heat Transfer Products Group from the Department of Energy Walk-In Coolers and Walk-In Freezers Test Procedure, 83927-83935 2020-26322 Presidential Policy Directive 6 (Space Policy), ``National Strategy for Space Nuclear Power and Propulsion'', 83923-83927 2020-28457 Environmental Protection Environmental Protection Agency RULES Civil Monetary Penalty Inflation Adjustment, 83818-83821 2020-26997 Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process, 84130-84157 2020-27368 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona; Stationary Sources; New Source Review Updates, 83868-83877 2020-27952 Missouri; Removal of Kansas City, Missouri Reid Vapor Pressure Requirement, 83877-83880 2020-28119 Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities (November 2020), 83880-83881 2020-28123 NOTICES Environmental Impact Statements; Availability, etc., 83950 2020-28352 Executive Office Executive Office for Immigration Review RULES Security Bars and Processing, 84160-84198 2020-28436 Farm Credit Farm Credit Administration RULES Organization;

Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Investment Eligibility, 83749 2020-27144 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Fresno, CA, 83763-83764 2020-28219 Marquette, MI, 83764-83765 2020-28188 Warroad, MN, 83762-83763 2020-28189 Airworthiness Directives: Airbus SAS Airplanes, 83751-83753 2020-28269 Airworthiness Directives; Bombardier, Inc., Airplanes, 83759-83761 2020-28282 The Boeing Company Airplanes, 83753-83759 2020-28268 2020-28270 PROPOSED RULES Airspace Designations and Reporting Points:

VOR Federal Airway V-242, 83839-83840 2020-28164 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Airspace System Data Release Request, 84095-84096 2020-28368 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Construction Scheduling Letter, 84002-84003 2020-28266 Federal Deposit Federal Deposit Insurance Corporation RULES Community Reinvestment Act Regulations, 83747-83749 2020-28116 Federal Emergency Federal Emergency Management Agency NOTICES Meetings:

Implementation of the Pandemic Response Voluntary Agreement of the Defense Production Act, 83985-83986 2020-28373 Federal Energy Federal Energy Regulatory Commission NOTICES Application: FFP Project 101, LLC, 83938-83939 2020-28393 Combined Filings, 83937-83938, 83949-83950 2020-28388 2020-28389 Complaint: Invenergy Solar Development North America, LLC v. Tri-State Generation and Transmission Association, Inc., 83939-83940 2020-28391 Environmental Assessments; Availability, etc.:

Aquenergy Systems, LLC, 83949 2020-28392 WBI Energy Transmission, Inc.; North Bakken Expansion Project, 83947-83949 2020-28390 Proposed Revised Policy Statement: Actions Regarding the Commission's Policy on Price Index Formation and Transparency, and Indices Referenced in Natural Gas and Electric Tariffs, 83940-83947 2020-28387 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in California, 84096 2020-28433 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 83950 2020-28382 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers;

Exemption Applications: Association of American Railroads and American Short Line and Regional Railroad Association, 84096-84099 2020-28341 Federal Reserve Federal Reserve System RULES Community Reinvestment Act Regulations, 83747-83749 2020-28116 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 83950-83956 2020-28326 2020-28327 2020-28328 2020-28329 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreement: Ascension Data and Analytics, LLC, 83957-83961 2020-28407 SkyMed International, Inc., 83961-83963 2020-28262 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets, 83840-83862 2020-28437 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Renewal Without Change of Bank Secrecy Act Regulations Requiring Reports of Certain Domestic Transactions, 84104-84105 2020-28431 Renewal Without Change of Regulations Requiring Records to be Made and Retained by Financial Institutions, Banks, and Providers and Sellers of Prepaid Access, 84105-84113 2020-28364 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Initiation of 5-Year Status Review for the Northern Long-Eared Bat, 83993-83994 2020-28415 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Orphan Drugs, 83971-83972 2020-28349 Veterinary Feed Directive, 83968-83971 2020-28353 Withdrawal of Approval of 27 New Drug Applications: Hospira, Inc., et al., 83973-83975 2020-28346 Withdrawal of Approval of a New Drug Application: Endo Pharmaceuticals, Inc.; OPANA (Oxymorphone Hydrochloride) Extended-Release Tablets, 83972-83973 2020-28283 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 84113-84114 2020-24076 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health RULES Access to Affordable Life-Saving Medications, 83822-83830 2020-28483 NOTICES Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures;

Correction of Extension Date, 83975 2020-28374 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection RULES Security Bars and Processing, 84160-84198 2020-28436 Housing Housing and Urban Development Department NOTICES Meetings: Manufactured Housing Consensus Committee, 83992-83993 2020-28597 Industry Industry and Security Bureau RULES Addition of ``Military End User'' List to the Export Administration Regulations and Addition of Entities to the Military End User List, 83793-83804 2020-28052 Removal of Hong Kong as a Separate Destination under the Export Administration Regulation, 83765-83792 2020-28101 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Collections Assessment for Preservation Program, 84010-84011 2020-28040 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration RULES Aluminum Import Monitoring and Analysis System, 83804-83816 2020-28166 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp From the People's Republic of China, 83891-83894 2020-28402 Dioctyl Terephthalate From the Republic of Korea, 83894-83896 2020-28335 Light-Walled Rectangular Pipe and Tube From Mexico, 83886-83888 2020-28347 Multilayered Wood Flooring From the People's Republic of China, 83888-83890 2020-28400 Non-Oriented Electrical Steel From People's Republic of China, Germany, Japan, Republic of Korea, Sweden, and Taiwan, 83890-83891 2020-28403 International Trade Com International Trade Commission NOTICES Complaint:

Certain Integrated Circuits and Products Containing the Same, 83998-83999 2020-28458 Certain Universal Mobile Telecommunications System and Long Term Evolution Cellular Communication Modules and Products Containing the Same, 83996-83998 2020-28367 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Executive Office for Immigration Review NOTICES Proposed Consent Decree: CERCLA, 84001 2020-28410 Toxic Substances Control Act, 84001-84002 2020-28439 Labor Department Labor Department See Federal Contract Compliance Programs Office See Occupational Safety and Health Administration See Workers Compensation Programs Office RULES Second and Subsequent Notifications, 83816-83818 2020-28469 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alien Claims Activities Report, 84003 2020-28264 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Husky 1 North Dry Ridge Phosphate Mine, 83994-83996 2020-28242 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel BOLERO (Sailing Catamaran), 84101-84102 2020-28460 Vessel LEILANI (Catamaran), 84103-84104 2020-28461 Vessel ONE TUSK (Catamaran), 84099-84100 2020-28462 Vessel PRESTIGE WORLDWIDE (Motor Yacht), 84102-84103 2020-28463 Waiver Request for Aquaculture Support Operations for the 2021 Calendar Year:

COLBY PERCE, RONJA CARRIER, SADIE JANE, MISS MILDRED 1, KC COMMANDER, 84100-84101 2020-28459 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 83979 2020-28276 National Cancer Institute, 83977-83979 2020-28357 National Institute of Dental and Craniofacial Research, 83975-83976 2020-28354 National Institute of Diabetes and Digestive and Kidney Diseases, 83976, 83979-83982 2020-28350 2020-28351 2020-28399 National Institute of General Medical Sciences, 83981 2020-28355 National Institute of Mental Health, 83981 2020-28356 National Institute of Neurological Disorders and Stroke, 83980-83981 2020-28360 National Institute on Aging, 83976, 83979 2020-28396 2020-28397 National Institute on Alcohol Abuse and Alcoholism, 83976-83977 2020-28358 National Institute on Deafness and Other Communication Disorders, 83977 2020-28398 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries, 83832-83834 2020-28215 Fisheries of the Exclusive Economic Zone Off Alaska: Inseason Adjustment to the 2021 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts, 83834-83836 2020-28261 NOTICES Endangered and Threatened Species: Critical Habitat for the Threatened Indo-Pacific Corals, 83899-83900 2020-28434 Fishing Capacity Reduction Program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non Pollock Groundfish Fishery, 83898-83899 2020-28361 Meetings:

Fisheries of the South Atlantic; Southeast Data, Assessment, and Review, 83897-83898 2020-28297 Mid-Atlantic Fishery Management Council, 83897 2020-28294 Pacific Fishery Management Council, 83896-83897, 83900-83901 2020-28292 2020-28293 2020-28295 2020-28296 Taking and Importing Marine Mammals: Northeast Fisheries Science Center Fisheries and Ecosystem Research, Atlantic Ocean, 83901-83903 2020-28417 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Criteria and Procedures for Emergency Access to Non-Federal and Regional Low-Level Waste Disposal Facilities, 84012-84013 2020-28365 Solicitation of Non-Power Reactor Operator Licensing Examination Data, 84013-84014 2020-28366 Environmental Impact Statements; Availability, etc.: United Nuclear Corporation Church Rock Project, 84016-84018 2020-28290 Guidance: Consolidated Guidance About Materials Licenses: Guidance About Administrative Licensing Procedures, 84012 2020-28302 Meetings:

Advisory Committee on Reactor Safeguards, 84015-84016 2020-28285 Meetings; Sunshine Act, 84011 2020-28550 Order: Transport Logistics International; Suspending Exports of Certain Source Material, 84014-84015 2020-28265 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Provisions; Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment, 84006-84007 2020-28371 Standard on the Control of Hazardous Energy (Lockout/Tagout), 84004-84005 2020-28372 Voluntary Protection Programs Information, 84007-84009 2020-28330 Pacific Pacific Northwest Electric Power and Conservation Planning Council NOTICES Amended Columbia River Basin Fish and Wildlife Program, 84018 2020-28428 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Roster of Registered Patent Attorneys and Agents Admitted to Practice, 83903-83906 2020-28412 National Strategy for Expanding American Innovation, 83906-83908 2020-28298 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 84019 2020-28432 Postal Service Postal Service NOTICES Product Change: Parcel Select Negotiated Service Agreement, 84019 2020-28444 Priority Mail and First-Class Package Service Negotiated Service Agreement, 84019-84020 2020-28443 2020-28448 2020-28450 Priority Mail Express Negotiated Service Agreement, 84019 2020-28445 Priority Mail Negotiated Service Agreement, 84020-84021 2020-28446 2020-28449 2020-28451 Priority Mail, First-Class Package Service, and Parcel Select Service Negotiated Service Agreement, 84020 2020-28447 Presidential Documents Presidential Documents EXECUTIVE ORDERS Civic Architecture, Federal;

Improvement Efforts (EO 13967), 83739-83744 2020-28605 Savings Bonds, U.S.; Efforts To Promote Redemption (EO 13968), 83745-83746 2020-28606 Rural Utilities Rural Utilities Service NOTICES Record of Decision: Financial Support for Transmission and Distribution Lines to Pump Stations 15, 16, 17, 18, and 19 in Connection With the TransCanada Keystone XL Pipeline, 83883-83884 2020-28334 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 84062-84063, 84092 2020-28424 2020-28430 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Implementing the Whistleblower Provisions of the Securities Exchange Act, 84021 2020-28425 Filing and Order: Financial Industry Regulatory Authority, Inc. and Nasdaq GEMX, LLC, 84074-84079 2020-28309 Financial Industry Regulatory Authority, Inc. and Nasdaq ISE, LLC, 84034-84039 2020-28307 Financial Industry Regulatory Authority, Inc. and Nasdaq MRX, LLC, 84040-84045 2020-28308 Meetings;

Sunshine Act, 84062, 84069 2020-28521 2020-28540 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 84063-84065 2020-28305 Cboe EDGX Exchange, Inc., 84065-84069 2020-28318 Financial Industry Regulatory Authority, Inc., 84053-84057 2020-28310 Miami International Securities Exchange, LLC, 84029-84034 2020-28316 New York Stock Exchange, LLC, 84087-84091 2020-28311 NYSE American, LLC, 84045-84050 2020-28315 NYSE Arca, Inc., 84021-84025, 84079-84084 2020-28303 2020-28314 NYSE Chicago, Inc., 84069-84074 2020-28313 NYSE National, Inc., 84057-84062 2020-28312 The Nasdaq Stock Market, LLC, 84025-84029, 84084-84087 2020-28304 2020-28319 The Options Clearing Corp., 84050-84053 2020-28317 Small Business Small Business Administration PROPOSED RULES Secondary Market Program:

Proposed Regulatory Changes, 83837-83839 2020-28195 State Department State Department NOTICES Sudan; Determination Under Presidential Proclamation, 84092 2020-28271 Surface Transportation Surface Transportation Board RULES Filing Fee Waiver Requests, 83830-83832 2020-28408 NOTICES Acquisition and Operation Exemption: Wisconsin and Southern Railroad, LLC; Soo Line Railroad Co., 84093-84094 2020-28395 Exemption: Continuance in Control; Watco Holdings, Inc.; Dutchtown Southern Railroad, L.L.C., 84095 2020-28275 Control;

Patriot Rail Transportation Company, LLC, Patriot Rail Company LLC, SRTV Holdings LLC, SteelRiver Transport Ventures LLC, Global Diversified Infrastructure Fund (North America) LP, etc., 84094 2020-28286 Lease and Operation Exemption: Dutchtown Southern Railroad, L.L.C.; Illinois Central Railroad Co., 84092-84093 2020-28274 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration PROPOSED RULES Procedures for Considering Environmental Impacts, 83881-83882 2020-28467 Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Airport Security, 83986-83987 2020-28287 Treasury Treasury Department See Financial Crimes Enforcement Network See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Appeal or Motion, 83989 2020-28418 Application for Provisional Unlawful Presence Waiver of Inadmissibility, 83987-83988 2020-28420 Application for Suspension of Deportation or Special Rule Cancellation of Removal, 83991-83992 2020-28421 Application for Waiver of the Foreign Residence Requirement of the Immigration and Nationality Act, 83990-83991 2020-28423 Declaration of Financial Support, 83988 2020-28427 Tip Form, 83989-83990 2020-28426 Customs U.S.

Customs and Border Protection NOTICES Country of Origin Marking of Products from the West Bank and Gaza, 83984-83985 2020-28547 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mandatory Verification of Dependents, 84119 2020-28344 Request for Information To Make Direct Payment to Child Reaching Majority, 84123 2020-28343 Privacy Act; Systems of Records, 84114-84126 2020-28337 2020-28340 2020-28342 Reasonable Charges for Medical Care or Services;

Calendar Year 2021, 84127 2020-28441 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agreement and Undertaking, 84009-84010 2020-28331 Separate Parts In This Issue Part II Environmental Protection Agency, 84130-84157 2020-27368 Part III Homeland Security Department, 84160-84198 2020-28436 Justice Department, Executive Office for Immigration Review, 84160-84198 2020-28436 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 247 Wednesday, December 23, 2020 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 228 [Regulation BB; Docket No. R-1735] RIN 7100-AG05 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 345 RIN 3064-AF68 Community Reinvestment Act Regulations AGENCY:

Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC). ACTION: Joint final rule; technical amendment. SUMMARY: 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” and “intermediate small bank.” As required by the CRA regulations, the adjustment to the threshold amount is based on the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). DATES: *Effective Date:* January 1, 2021. FOR FURTHER INFORMATION CONTACT: *Board:* Amal S. Patel, Counsel,

(202)912-7879, or Cathy Gates, Senior Project Manager,

(202)452-2099, Division of Consumer and Community Affairs; or Gavin L. Smith, Senior Counsel,

(202)452-3474, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551. For users of Telecommunications Device for the Deaf

(TDD)contact

(202)263-4869. *FDIC:* Patience R. Singleton, Senior Policy Analyst, Supervisory Policy Branch, Division of Depositor and Consumer Protection,

(202)898-6859; 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. The CRA regulations define small and intermediate small banks 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 CPI-W, not seasonally adjusted, for each 12-month period ending in November, with rounding to the nearest million. 12 CFR 228.12(u)(2) and 345.12(u)(2). This adjustment formula was first adopted for CRA purposes by the Board, the Office of the Comptroller of the Currency (OCC), and the FDIC on August 2, 2005, effective September 1, 2005. 70 FR 44256 (Aug. 2, 2005). At that time, the Agencies noted that the &CPI-W is also used in connection with other federal laws, such as the Home Mortgage Disclosure Act. *See* 12 U.S.C. 2808; 12 CFR 1003.2. 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 part 563e. 72 FR 13429 (Mar. 22, 2007). Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), 1 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 part 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 supervisory 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). On May 20, 2020, the OCC issued a CRA final rule establishing a revised CRA regulatory framework 4 and has determined that it will adjust the asset-size criteria for institutions that are subject to OCC-issued CRA regulations, including national banks and federal and state savings associations, by a means separate from this rulemaking process. 4 85 FR 34734 (June 5, 2020). The final rule is effective October 1, 2020. Institutions subject to the final rule must comply with its provisions by October 1, 2020, January 1, 2023, or January 1, 2024, as applicable. *Id.* at 34784. The threshold for small banks was revised most recently in December 2019 and became effective January 1, 2020. 84 FR 71738 (Dec. 30, 2019). The current CRA regulations provide that banks that, as of December 31 of either of the prior two calendar years, had assets of less than $1.305 billion are small banks. Small banks with assets of at least $326 million as of December 31 of both of the prior two calendar years and less than $1.305 billion as of December 31 of either of the prior two calendar years are intermediate small banks. 12 CFR 228.12(u)(1) and 345.12(u)(1). This joint final rule revises these thresholds. During the 12-month period ending November 2020, the CPI-W increased by 1.29 percent. As a result, the Agencies are revising 12 CFR 228.12(u)(1) and 345.12(u)(1) to make this annual adjustment. Beginning January 1, 2021, banks that, as of December 31 of either of the prior two calendar years, had assets of less than $1.322 billion are small banks. Small banks with assets of at least $330 million as of December 31 of both of the prior two calendar years and less than $1.322 billion as of December 31 of either of the prior two calendar years are intermediate small banks. The Agencies also publish current and historical asset-size thresholds on the website 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 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). As a result, §§ 228.12(u)(1) and 345.12(u)(1) of the Agencies' respective CRA regulations are amended by adjusting the asset-size thresholds as provided for in §§ 228.12(u)(2) and 345.12(u)(2). Accordingly, the Agencies' rules provide no discretion as to the computation or timing of the revisions to the asset-size criteria. For this reason, 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, 2021. 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 12-month data as of the end of November each year. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)does not apply to a rulemaking when 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 The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) states that no agency may conduct or sponsor, nor is the respondent required to respond to, an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. The Agencies have determined that this final rule does not create any new, or revise any existing, collections of information pursuant to the Paperwork Reduction Act. Consequently, no information collection request will be submitted to the OMB for review. Riegle Community Development and Regulatory Improvement Act of 1994 Section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) (12 U.S.C. 4802) requires that each Federal banking agency, in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosure, or other requirements on insured depository institutions (IDIs), consider, consistent with principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations. 5 In addition, new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form. 6 5 12 U.S.C 4802(a). 6 12 U.S.C 4802(b). Because the final rule does not impose additional reporting, disclosure, or other requirements on IDIs, section 302 of RCDRIA does not apply. Nevertheless, the requirements of section 302 of RCDRIA, and the administrative burdens and benefits of the final rule, were considered as part of the overall rulemaking process. Congressional Review Act FDIC For purposes of Congressional Review Act, the OMB makes a determination as to whether a final rule constitutes a “major” rule. 7 If a rule is deemed a “major rule” by the OMB, the Congressional Review Act generally provides that the rule may not take effect until at least 60 days following its publication. 8 7 5 U.S.C. 801 *et seq.* 8 5 U.S.C. 801(a)(3). The Congressional Review Act defines a “major rule” as any rule that the Administrator of the Office of Information and Regulatory Affairs of the OMB finds has resulted in or is likely to result in—(A) an annual effect on the economy of $100,000,000 or more;

(B)a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies or geographic regions, or

(C)significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. 9 As required by the Congressional Review Act, the FDIC will submit the final rule and other appropriate reports to Congress and the Government Accountability Office for review. 9 5 U.S.C. 804(2). List of Subjects 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. Federal Reserve System 12 CFR Chapter II For the reasons set forth in the common 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. Section 228.12 is amended by revising paragraph (u)(1) to read as follows: § 228.12 Definitions.

(u)* * *

(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 $1.322 billion. *Intermediate small bank* means a small bank with assets of at least $330 billion as of December 31 of both of the prior two calendar years and less than $1.322 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 common 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 3. 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). 4. Section 345.12 is amended by revising paragraph (u)(1) to read as follows: § 345.12 Definitions.

(u)* * *

(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 $1.322 billion. *Intermediate small bank* means a small bank with assets of at least $330 million as of December 31 of both of the prior two calendar years and less than $1.322 billion as of December 31 of either of the prior two calendar years. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority. Ann E. Misback, Secretary of the Board. Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on December 15, 2020. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2020-28116 Filed 12-22-20; 8:45 am]

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