This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

82217 

Vol. 75, No. 250 

Thursday, December 30, 2010 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 25 

[Docket ID OCC–2010–0020] 

RIN 1557–AD32 

FEDERAL RESERVE SYSTEM 

12 CFR Part 228 

[Regulation BB; Docket No. R–1403] 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 345 

RIN 3064–AD68 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Part 563e 

[Docket ID OTS–2010–0032] 

RIN 1550–AC45 

Community Reinvestment Act 

Regulations 

AGENCY: Office of the Comptroller of the 

Currency, Treasury (OCC); Board of 

Governors of the Federal Reserve 

System (Board); Federal Deposit 

Insurance Corporation (FDIC); Office of 

Thrift Supervision, Treasury (OTS). 

ACTION: Joint final rule; technical 

amendment. 

SUMMARY: The OCC, the Board, the 

FDIC, and the OTS (collectively, the 

‘‘agencies’’) are amending their 

Community Reinvestment Act (CRA) 

regulations to adjust the asset-size 

thresholds used to define ‘‘small bank’’ 

or ‘‘small savings association’’ and 

‘‘intermediate small bank’’ or 

‘‘intermediate small savings 

association.’’ As required by the CRA 

regulations, the adjustment to the 

threshold amount is based on the 

annual percentage change in the 

Consumer Price Index. 

DATES: Effective Date: January 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

OCC: Margaret Hesse, Special Counsel, 

Community and Consumer Law 

Division, (202) 874–5750; or Brian 

Borkowicz, National Bank Examiner, 

Compliance Policy Division, (202) 874– 

4428, Office of the Comptroller of the 

Currency, 250 E Street, SW., 

Washington, DC 20219. 

Board: Rebecca Lassman, Supervisory 

Consumer Financial Services Analyst, 

(202) 452–3946; or Brent Lattin, 

Counsel, (202) 452–3667, Division of 

Consumer and Community Affairs, 

Board of Governors of the Federal 

Reserve System, 20th Street and 

Constitution Avenue, NW., Washington, 

DC 20551. 

FDIC: Janet R. Gordon, Senior Policy 

Analyst, Division of Supervision and 

Consumer Protection, Compliance 

Policy Branch, (202) 898–3850; or Susan 

van den Toorn, Counsel, Legal Division, 

(202) 898–8707, Federal Deposit 

Insurance Corporation, 550 17th Street, 

NW., Washington, DC 20429. 

OTS: Stephanie M. Caputo, Senior 

Compliance Program Analyst, 

Compliance and Consumer Protection, 

(202) 906–6549; or Richard Bennett, 

Senior Compliance Counsel, 

Regulations and Legislation Division, 

(202) 906–7409, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: 

Background and Description of the 

Joint Final Rule 

The agencies’ CRA regulations 

establish CRA performance standards 

for small and intermediate small banks 

and savings associations. The 

regulations define small and 

intermediate small institutions by 

reference to asset-size criteria expressed 

in dollar amounts, and they further 

require the agencies to publish annual 

adjustments to these dollar figures based 

on the year-to-year change in the 

average of the Consumer Price Index for 

Urban Wage Earners and Clerical 

Workers (CPIW), not seasonally 

adjusted, for each twelve-month period 

ending in November, with rounding to 

the nearest million. 12 CFR 25.12(u)(2), 

228.12(u)(2), 345.12(u)(2), and 

563e.12(u)(2). This adjustment formula 

was first adopted for CRA purposes by 

the OCC, Board, and FDIC on August 2, 

2005, effective September 1, 2005. 70 FR 

44256. As explained in the preamble to 

these agencies’ proposed rule, this 

particular index is used in other federal 

lending regulations such as the Home 

Mortgage Disclosure Act (HMDA). See 

12 U.S.C. 2808; 12 CFR 203.2(e)(1). 

OTS adopted an annual adjustment to 

the asset thresholds in its CRA rule on 

March 22, 2007, effective July 1, 2007. 

72 FR 13429. As OTS explained in the 

preamble, OTS decided to index the 

asset thresholds in the same way as the 

other Federal banking agencies to 

ensure consistency between the 

standards used to evaluate savings 

associations and the standards used to 

evaluate banks. 72 FR at 13432. OTS 

also noted that the particular adjustment 

formula adopted is also used under 

HMDA. Id. Thus, it is an indexing 

method already familiar to both the 

agencies and regulated financial 

institutions. By adopting an adjustment 

formula consistent with that of the other 

federal banking agencies, OTS acted 

consistently with section 303 of the 

Riegle Community Development and 

Regulatory Improvement Act of 1994 

(12 U.S.C. 4803), which OTS interpreted 

as encouraging the federal banking 

agencies to work jointly to make 

uniform all regulations and guidelines 

implementing common statutory or 

supervisory policies. 

The threshold for small banks and 

small savings associations was revised 

most recently effective January 1, 2010 

(74 FR 68662 (Dec. 29, 2009)). The CRA 

regulations, as revised on December 29, 

2009, provide that banks and savings 

associations that, as of December 31 of 

either of the prior two calendar years, 

had assets of less than $1.098 billion are 

‘‘small banks’’ or ‘‘small savings 

associations.’’ Small banks and small 

savings associations with assets of at 

least $274 million as of December 31 of 

both of the prior two calendar years and 

less than $1.098 billion as of December 

31 of either of the prior two calendar 

years are ‘‘intermediate small banks’’ or 

‘‘intermediate small savings 

associations.’’ 12 CFR 25.12(u)(1), 

228.12(u)(1), 345.12(u)(1), and 

563e.12(u)(1). This joint final rule 

further revises these thresholds. 


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82218 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 

During the period ending November 

2010, the CPIW increased by 2.21 

percent. As a result, the agencies are 

revising 12 CFR 25.12(u)(1), 

228.12(u)(1), 345.12(u)(1), and 

563e.12(u)(1) to make this annual 

adjustment. Beginning January 1, 2011, 

banks and savings associations that, as 

of December 31 of either of the prior two 

calendar years, had assets of less than 

$1.122 billion are ‘‘small banks’’ or 

‘‘small savings associations.’’ Small 

banks or small savings associations with 

assets of at least $280 million as of 

December 31 of both of the prior two 

calendar years and less than $1.122 

billion as of December 31 of either of the 

prior two calendar years are 

‘‘intermediate small banks’’ or 

‘‘intermediate small savings 

associations.’’ The agencies also publish 

current and historical asset-size 

thresholds on the Web site of the 

Federal Financial Institutions 

Examination Council at http:// 

www.ffiec.gov/cra/. 

Administrative Procedure Act and 

Effective Date 

Under 5 U.S.C. 553(b)(B) of the 

Administrative Procedure Act (APA), an 

agency may, for good cause, find (and 

incorporate the finding and a brief 

statement of reasons therefore in the 

rules issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest. 

The amendments to the regulations to 

adjust the asset-size thresholds for small 

and intermediate small banks and 

savings associations result from the 

application of a formula established by 

a provision in the CRA regulations that 

the agencies previously published for 

comment. See 70 FR 12148 (Mar. 11, 

2005), 70 FR 44256 (Aug. 2, 2005), 71 

FR 67826 (Nov. 24, 2006), and 72 FR 

13429 (Mar. 22, 2007). Sections 

25.12(u)(1), 228.12(u)(1), 345.12(u)(1), 

and 563e.12(u)(1) are amended by 

adjusting the asset-size thresholds as 

provided for in §§ 25.12(u)(2), 

228.12(u)(2), 345.12(u)(2), and 

563e.12(u)(2). 

Accordingly, since the agencies’ rules 

provide no discretion as to the 

computation or timing of the revisions 

to the asset-size criteria, the agencies 

have determined that publishing a 

notice of proposed rulemaking and 

providing opportunity for public 

comment are unnecessary. 

The effective date of this joint final 

rule is January 1, 2011. Under 5 U.S.C. 

553(d)(3) of the APA, the required 

publication or service of a substantive 

rule shall be made not less than 30 days 

before its effective date, except, among 

other things, as provided by the agency 

for good cause found and published 

with the rule. Because this rule adjusts 

asset-size thresholds consistent with the 

procedural requirements of the CRA 

rules, the agencies conclude that it is 

not substantive within the meaning of 

the APA’s delayed effective date 

provision. Moreover, the agencies find 

that there is good cause for dispensing 

with the delayed effective date 

requirement, even if it applied, because 

their current rules already provide 

notice that the small and intermediate 

asset-size thresholds will be adjusted as 

of December 31 based on twelve-month 

data as of the end of November each 

year. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

does not apply to a rulemaking where a 

general notice of proposed rulemaking 

is not required. 5 U.S.C. 603 and 604. 

As noted previously, the agencies have 

determined that it is unnecessary to 

publish a general notice of proposed 

rulemaking for this joint final rule. 

Accordingly, the RFA’s requirements 

relating to an initial and final regulatory 

flexibility analysis do not apply. 

Paperwork Reduction Act of 1995 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506; 

5 CFR 1320), the agencies reviewed this 

final rule. No collections of information 

pursuant to the Paperwork Reduction 

Act are contained in the final rule. 

Executive Order 12866 

Pursuant to Executive Order 12866, 

OMB’s Office of Information and 

Regulatory Affairs has designated this 

final rule to be significant but not to 

have an annual effect on the economy 

of $100 million or more. 

Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1532 (Unfunded Mandates Act), 

requires that an agency must prepare a 

budgetary impact statement before 

promulgating any final rule for which a 

general notice of proposed rulemaking 

was published. As discussed above, the 

agencies have determined that the 

publication of a general notice of 

proposed rulemaking is unnecessary. 

Accordingly, this joint final rule is not 

subject to section 202 of the Unfunded 

Mandates Act. 

List of Subjects 

12 CFR Part 25 

Community development, Credit, 

Investments, National banks, Reporting 

and recordkeeping requirements. 

12 CFR Part 228 

Banks, banking, Community 

development, Credit, Investments, 

Reporting and recordkeeping 

requirements. 

12 CFR Part 345 

Banks, banking, Community 

development, Credit, Investments, 

Reporting and recordkeeping 

requirements. 

12 CFR Part 563e 

Community development, Credit, 

Investments, Reporting and 

recordkeeping requirements, Savings 

associations. 

Department of the Treasury 

Office of the Comptroller of the 

Currency 

12 CFR Chapter I 

■ For the reasons discussed in the joint 

preamble, 12 CFR part 25 is amended as 

follows: 

PART 25—COMMUNITY 

REINVESTMENT ACT AND 

INTERSTATE DEPOSIT PRODUCTION 

REGULATIONS 

■ 1. The authority citation for part 25 

continues to read as follows: 

Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36, 

93a, 161, 215, 215a, 481, 1814, 1816, 1828(c), 

1835a, 2901 through 2907, and 3101 through 

3111. 

2. Revise § 25.12(u)(1) to read as 

follows: 

§ 25.12 Definitions. 

* * * * * 

(u) Small bank—(1) Definition. Small 

bank means a bank that, as of December 

31 of either of the prior two calendar 

years, had assets of less than $1.122 

billion. Intermediate small bank means 

a small bank with assets of at least $280 

million as of December 31 of both of the 

prior two calendar years and less than 

$1.122 billion as of December 31 of 

either of the prior two calendar years. 

* * * * * 

Federal Reserve System 

12 CFR Chapter II 

■ For the reasons set forth in the joint 

preamble, the Board of Governors of the 

Federal Reserve System amends part 

228 of chapter II of title 12 of the Code 

of Federal Regulations as follows: 


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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Rules and Regulations 82219 

PART 228—COMMUNITY 

REINVESTMENT (REGULATION BB) 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 12 U.S.C. 321, 325, 1828(c), 

1842, 1843, 1844, and 2901 et seq. 

■ 2. Revise § 228.12(u)(1) to read as 

follows: 

§ 228.12 Definitions. 

* * * * * 

(u) Small bank—(1) Definition. Small 

bank means a bank that, as of December 

31 of either of the prior two calendar 

years, had assets of less than $1.122 

billion. Intermediate small bank means 

a small bank with assets of at least $280 

million as of December 31 of both of the 

prior two calendar years and less than 

$1.122 billion as of December 31 of 

either of the prior two calendar years. 

* * * * * 

Federal Deposit Insurance Corporation 

12 CFR Chapter III 

Authority and Issuance 

■ For the reasons set forth in the joint 

preamble, the Board of Directors of the 

Federal Deposit Insurance Corporation 

amends part 345 of chapter III of title 12 

of the Code of Federal Regulations to 

read as follows: 

PART 345—COMMUNITY 

REINVESTMENT 

■ 1. The authority citation for part 345 

continues to read as follows: 

Authority: 12 U.S.C. 1814–1817, 1819– 

1820, 1828, 1831u and 2901–2907, 3103– 

3104, and 3108(a). 

■ 2. Revise § 345.12(u)(1) to read as 

follows: 

§ 345.12 Definitions. 

* * * * * 

(u) Small bank—(1) Definition. Small 

bank means a bank that, as of December 

31 of either of the prior two calendar 

years, had assets of less than $1.122 

billion. Intermediate small bank means 

a small bank with assets of at least $280 

million as of December 31 of both of the 

prior two calendar years and less than 

$1.122 billion as of December 31 of 

either of the prior two calendar years. 

* * * * * 

Department of the Treasury 

Office of Thrift Supervision 

12 CFR Chapter V 

■ For the reasons discussed in the joint 

preamble, 12 CFR part 563e is amended 

as follows: 

PART 563e—COMMUNITY 

REINVESTMENT 

■ 1. The authority citation for part 563e 

continues to read as follows: 

Authority: 12 U.S.C. 1462a, 1463, 1464, 

1467a, 1814, 1816, 1828(c), and 2901 through 

2907. 

■ 2. Revise § 563e.12(u)(1) to read as 

follows: 

§ 563e.12 Definitions. 

* * * * * 

(u) Small savings association—(1) 

Definition. Small savings association 

means a savings association that, as of 

December 31 of either of the prior two 

calendar years, had assets of less than 

$1.122 billion. Intermediate small 

savings association means a small 

savings association with assets of at 

least $280 million as of December 31 of 

both of the prior two calendar years and 

less than $1.122 billion as of December 

31 of either of the prior two calendar 

years. 

* * * * * 

Dated: December 7, 2010. 

Julie L. Williams, 

First Senior Deputy Comptroller and Chief 

Counsel. 

By order of the Board of Governors of the 

Federal Reserve System, acting through the 

Secretary of the Board under delegated 

authority, December 15, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

By order of the Board of Directors. 

Dated at Washington, DC, this 14th day of 

December 2010. 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

Dated: December 9, 2010. 

By the Office of Thrift Supervision, 

John E. Bowman, 

Acting Director. 

[FR Doc. 2010–32321 Filed 12–29–10; 8:45 am] 

BILLING CODE 6714–01–P, 4810–33–P, 6210–01–P, 

6720–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0827; Directorate 

Identifier 2010–CE–029–AD; Amendment 

39–16552; AD 2010–17–18 R1] 

RIN 2120–AA64 

Airworthiness Directives; Air Tractor, 

Inc. Models AT–802 and AT–802A 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are revising an existing 

airworthiness directive (AD) for Air 

Tractor, Inc. (Air Tractor) Models AT– 

802 and AT–802A airplanes. That AD 

currently requires you to repetitively 

inspect (using the eddy current method) 

the two outboard fastener holes in both 

of the wing main spar lower caps at the 

center splice joint for cracks and repair 

or replace any cracked spar, and 

changes the safe life for certain serial 

(SN) ranges. This AD retains the actions 

of AD 2010–17–18 and reduces the 

applicability from all serial numbers 

beginning with SN–0001 as required by 

the previous AD to SN–0001 through 

SN–0269. This AD was prompted by our 

evaluation of a comment from David 

Ligon, Air Tractor, and our 

determination that we should reduce 

the applicability from that already 

required by the previous AD. We are 

issuing this AD to detect and correct 

cracks in the wing main spar lower cap 

at the center splice joint, which could 

result in failure of the spar cap and lead 

to wing separation and loss of control of 

the airplane. 

DATES: This AD is effective January 14, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 9, 2010 (75 FR 52255, 

August 25, 2010). 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of April 21, 2006 (71 FR 

19994, April 19, 2006). 

We must receive any comments on 

this AD by February 14, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 


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