Unknown. Joint final rule; technical amendment

3,962 words·~18 min read·/register/2023/12/20/2023-27934·

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-2023-12-20.xml --- 88 243 Wednesday, December 20, 2023 Contents Agriculture Agriculture Department See Farm Service Agency See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 88041 2023-27888 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Internet Panel Pretesting and Qualitative Survey Methods Testing, 88048-88049 2023-28005 Centers Disease Centers for Disease Control and Prevention NOTICES Hearings, Meetings, Proceedings, etc., 88082-88083 2023-27972 Coast Guard Coast Guard RULES Coast Guard Sector Buffalo;

Sector Name Conforming Amendment, 87928-87930 2023-27943 Safety Zone: Laguna de Lobina, Culebra, PR, 87930-87932 2023-28001 NOTICES Request for Membership Application: Area Maritime Security Advisory Committee, Eastern Great Lakes, Western New York Sub-Committee, 88103-88104 2023-27944 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Hearings, Meetings, Proceedings, etc.:

Department of Defense Wage Committee, 88054-88056 2023-28012 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Literacy Program Evaluation: Comprehensive Literacy State Development Program Evaluation, 88056-88057 2023-27907 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Definition of Employer-Association Health Plans, 87968-87981 2023-27510 NOTICES Exemption:

Certain Prohibited Transaction Restrictions Involving TT International Asset Management Ltd. (TTI or the Applicant) Located in London, United Kingdom, 88115-88126 2023-27937 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Hearings, Meetings, Proceedings, etc.: 21st Century Energy Workforce Advisory Board, 88057-88059 2023-27976 2023-27977 Secretary of Energy Advisory Board, 88057 2023-27904 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: California; Interim Final Determination to Stay or Defer Sanctions; San Joaquin Valley Unified Air Pollution Control District, 87934-87937 2023-27687 New Jersey; Exemptions to Improve Resiliency, Air Toxics Thresholds, PM 2.5 and Ammonia Emission Statement Reporting, and PM 2.5 in Air Permitting; Correction, 87932-87933 2023-27830 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Air Plan Revisions; Vehicle Inspection and Maintenance Contingency Measure, 87981-87988 2023-27688 California;

Clean Air Plans; Contingency Measures for the Fine Particulate Matter Standards; San Joaquin Valley, 87988-88012 2023-27686 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: County Committee Elections, 88041-88042 2023-27969 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 88075-88076 2023-27902 Audio Description:

Preliminary Nonbroadcast Network Rankings, 88075 2023-27954 Federal Deposit Federal Deposit Insurance Corporation RULES Community Reinvestment Act Regulations Asset-Size Thresholds, 87895-87897 2023-27934 NOTICES Meetings; Sunshine Act, 88076 2023-28157 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Northern States Power Co., 88060-88061, 88064-88065 2023-27983 2023-27986 Southern Star Central Gas Pipeline, Inc., 88065-88067 2023-27987 Willimantic Power Corp., 88059-88060, 88062-88063 2023-27981 2023-27982 Authorization for Continued Project Operation:

Alabama Power Co., 88059 2023-27881 Eagle Creek Racine Hydro, LLC, 88061 2023-27882 Fulcrum, LLC, 88065 2023-27879 Northern States Power Co., 88065 2023-27880 Combined Filings, 88062-88063, 88070-88072 2023-27884 2023-27885 2023-27988 2023-27990 Environmental Assessments; Availability, etc.: Alice Falls Hydro, LLC, 88061-88062 2023-27878 Andrew Peklo III, 88059 2023-27980 Appalachian Power Co., 88073 2023-27984 Green Mountain Power Corp., 88061 2023-27992 Environmental Issues:

MountainWest Overthrust Pipeline, LLC, Westbound Compression Expansion Project, 88067-88070 2023-27989 Filing: THSI bn, LLC, 88063-88064 2023-27978 Hearings, Meetings, Proceedings, etc.: Joint Federal-State Task Force on Electric Transmission, 88072-88073 2023-27991 Institution of Section 206 Proceeding and Refund Effective Date: Madison Fields Solar Project, LLC, 88074-88075 2023-27883 Permits, Applications, Issuances, etc.: LinkPast Solutions, Inc., 88073-88074 2023-27979 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 88076 2023-27959 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application:

Qualification of Drivers; Hearing, 88212-88213 2023-27994 Federal Reserve Federal Reserve System RULES Community Reinvestment Act Regulations Asset-Size Thresholds, 87895-87897 2023-27934 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 88076-88082 2023-27877 Federal Transit Federal Transit Administration NOTICES Proposed General Directive: Required Actions Regarding Assaults on Transit Workers, 88213-88217 2023-28002 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species:

Endangered Species Status for West Virginia Spring Salamander and Designation of Critical Habitat, 88012-88035 2023-27741 Ten Species Not Warranted for Listing as Endangered or Threatened Species, 88035-88040 2023-27966 Food and Drug Food and Drug Administration NOTICES Website Location of the Office of the Chief Scientist Proposed Guidance Development List, 88083-88084 2023-27967 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Land Management Plan Direction for Old-Growth Forest Conditions across the National Forest System, 88042-88048 2023-27875 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 88085-88087 2023-27899 2023-27974 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Implement Maternal, Infant, and Early Childhood Home Visiting Program 2022 Legislative Changes: Assessment of Administrative Burden, 88084-88085 2023-27895 Homeland Homeland Security Department See Coast Guard NOTICES Request for Information: Shifting the Balance of Cybersecurity Risk:

Principles and Approaches for Secure by Design Software, 88104-88107 2023-27948 Housing Housing and Urban Development Department RULES Regulatory and Administrative Requirement Flexibilities Available: Native American Programs During CY 2024 and CY 2025 to Tribal Grantees to Assist with Recovery and Relief Efforts on Behalf of Families Affected by Presidentially Declared Disasters, 87900-87903 2023-27724 Indian Health Indian Health Service NOTICES Funding Opportunity: Tribal Self-Governance Negotiation Cooperative Agreement Program, 88093-88100 2023-26955 Tribal Self-Governance Planning Cooperative Agreement Program, 88087-88093 2023-26954 Industry Industry and Security Bureau RULES Additions to the Unverified List, 87897-87899 2023-27928 NOTICES Implementation of the Chemical Weapons Convention:

Legitimate Commercial Chemical, Biotechnology, and Pharmaceutical Activities Involving Schedule 1 Chemicals (including Schedule 1 Chemicals produced as Intermediates) During Calendar Year 2023, 88049-88050 2023-27951 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Museums for All Program Evaluation, 88135-88136 2023-27900 Interior Interior Department See Fish and Wildlife Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service RULES Additional Guidance on Low-Income Communities Bonus Credit Program;

Correction, 87903 2023-27933 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Recommendation for Juvenile Employment with the Internal Revenue Service, 88218-88219 2023-27957 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges from Spain, 88050-88052 2023-27892 Glycine from Japan, 88052-88054 2023-27949 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Disposable Vaporizer Devices and Components and Packaging Thereof, 88111-88112 2023-27996 Certain Electronic Computing Devices and Components Thereof, 88110-88111 2023-27998 Certain Semiconductor Devices, Mobile Services Contacting the Same, and Components Thereof, 88112-88113 2023-27897 Justice Department Justice Department See Prisons Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application Form: Public Safety Officers Educational Assistance, 88113-88114 2023-27945 Generic Clearance for Community Relations Service Program Impact Evaluation, 88114-88115 2023-27971 Labor Department Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration See Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Demographic Form, 88126 2023-27936 Management Management and Budget Office PROPOSED RULES Privacy Act and Freedom of Information Act, 87960-87967 2023-27473 Millenium Millennium Challenge Corporation NOTICES Report on the Selection of Eligible Countries for Fiscal Year 2024, 88127-88129 2023-28044 Mine Mine Safety and Health Administration RULES Safety Program:

Surface Mobile Equipment, 87904-87928 2023-27640 National Archives National Archives and Records Administration NOTICES Records Schedules, 88129-88131 2023-27958 National Credit National Credit Union Administration NOTICES Overhead Transfer Rate Methodology, 88131-88135 2023-28000 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

Center for Scientific Review, 88102-88103 2023-27894 National Cancer Institute, 88100-88102 2023-27963 National Center for Advancing Translational Sciences, 88103 2023-27962 National Institute of Allergy and Infectious Diseases, 88102 2023-27893 National Institute on Alcohol Abuse and Alcoholism, 88103 2023-27964 National Oceanic National Oceanic and Atmospheric Administration RULES Taking or Importing of Marine Mammals: Coast Guard's Alaska Facility Maintenance and Repair Activities, 87937-87959 2023-27843 National Science National Science Foundation NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee for International Science and Engineering, 88136 2023-27950 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 88136-88137 2023-28202 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Draft Regulatory Guide: Installation, Inspection, and Testing for Class 1E Power, Instrumentation, and Control Equipment at Production and Utilization Facilities, 87967-87968 2023-27961 NOTICES Permits, Applications, Issuances, etc.:

Kairos Power, LLC; Hermes Test Reactor Facility, 88137-88138 2023-27960 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Future Floating Wind Energy Development Related to 2023 Leased Areas Offshore California, 88107-88110 2023-27930 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Financial Assistance Information, 88138-88139 2023-27970 Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: USA Staffing's Onboarding Features, 88139-88140 2023-27985 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 88140-88141 2023-27891 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Wright Brothers Day (Proc. 10687), 87893-87894 2023-28169 Prisons Prisons Bureau RULES Federal Tort Claims Act: Technical Changes; Correction, 87903-87904 2023-28011 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 88205-88206 2023-27887 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 88176-88178 2023-27922 Cboe BZX Exchange, Inc., 88173-88176 2023-27923 Cboe EDGA Exchange, Inc., 88193-88195 2023-27925 Cboe EDGX Exchange, Inc., 88144-88148, 88159-88163, 88182-88184 2023-27919 2023-27926 2023-27916 MIAX PEARL, LLC, 88148-88152, 88186-88191 2023-27917 2023-27921 Nasdaq GEMX, LLC, 88195-88197 2023-27915 Nasdaq ISE, LLC, 88206-88208 2023-27914 Nasdaq PHLX LLC, 88191-88193, 88197-88201 2023-27924 2023-27927 NYSE American LLC, 88155-88158 2023-27920 NYSE Arca, Inc., 88178-88182, 88201-88204 2023-27909 2023-27913 NYSE Chicago, Inc., 88141-88144 2023-27910 NYSE National, Inc., 88152-88155 2023-27911 The Nasdaq Stock Market LLC, 88184-88186 2023-27918 The Options Clearing Corp., 88163-88173 2023-27912 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 88208-88209 2023-27903 Social Social Security Administration NOTICES Rate for Assessment on Direct Payment of Fees to Representatives in 2024, 88209 2023-27955 State Department State Department NOTICES Designation as Terrorist or Global Terrorist: Mohamed Ali Nkalubo and Ahmed Mahamud Hassan Aliyani, 88209 2023-27995 Surface Transportation Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Demurrage Liability Disclosure Requirements, 88209-88211 2023-27946 Waybill Sample, 88211-88212 2023-27947 Transportation Department Transportation Department See Federal Motor Carrier Safety Administration See Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Traveling by Air with Service Animals, 88217-88218 2023-27956 Treasury Treasury Department See Internal Revenue Service Wage Wage and Hour Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Requirements of a Bona Fide Thrift Savings Plan and Requirements of a Bona Fide Profit-Sharing Plan or Trust, 88126-88127 2023-27965 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. 88 243 Wednesday, December 20, 2023 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 228 [Regulation BB;

Docket No. R-1826] RIN 7100-AG 73 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Part 345 RIN 3064-AF98 Community Reinvestment Act Regulations Asset-Size Thresholds 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 January 1, 2024. FOR FURTHER INFORMATION CONTACT: *Board:* Amal S. Patel, Senior Counsel,

(202)912-7879, Division of Consumer and Community Affairs; or Sumeet Shroff, Counsel,

(202)973-5085, 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)and TTY-TRS, please call 711 from any telephone, anywhere in the United States. *FDIC:* Patience R. Singleton, Senior Policy Analyst, Supervisory Policy Branch, Division of Depositor and Consumer Protection,

(202)898-6859, *psingleton@fdic.gov;* or Sherry A. Betancourt, Counsel,

(202)898-6560, *sbetancourt@fdic.gov,* or Alys V. Brown, Senior Attorney, (202), 898-3565, *alybrown@fdic.gov,* Legal Division, 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). The OCC 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. The threshold for small banks was revised most recently in December 2022 and became effective January 1, 2023. 87 FR 78829 (Dec. 23, 2022). 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 $1.503 billion are small banks. Small banks with assets of at least $376 million as of December 31 of both of the prior two calendar years and less than $1.503 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 2023, the CPI-W increased by 4.06 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, 2024, banks that, as of December 31 of either of the prior two calendar years, had assets of less than $1.564 billion are small banks. Small banks with assets of at least $391 million as of December 31 of both of the prior two calendar years and less than $1.564 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 *https://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, 2024. 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. 4 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. 5 4 12 U.S.C. 4802(a). 5 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. 6 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. 7 6 5 U.S.C. 801 *et seq.* 7 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. 8 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. 8 5 U.S.C. 804(2). List of Subjects 12 CFR Part 228 Banks, Banking, Community development, Credit, Federal Reserve System, 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. In § 228.12, revise 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 $1.564 billion. *Intermediate small bank* means a small bank with assets of at least $391 million as of December 31 of both of the prior two calendar years and less than $1.564 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 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 $1.564 billion. *Intermediate small bank* means a small bank with assets of at least $391 million as of December 31 of both of the prior two calendar years and less than $1.564 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. Dated at Washington, DC, on December 13, 2023. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2023-27934 Filed 12-19-23; 8:45 am]

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