Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations 23689 

change of status to F–1, M–1 or J–1 

nonimmigrant status, as appropriate, 

before beginning a full course of study. 

An F–2 spouse and child may engage in 

study that is avocational or recreational 

in nature, up to and including on a fulltime basis. 

(B) F–2 elementary or secondary 

study. An F–2 child may engage in fulltime study, including any full course of 

study, in any elementary or secondary 

school (kindergarten through twelfth 

grade). 

(C) An F–2 spouse and child violates 

his or her nonimmigrant status by 

enrolling in any study except as 

provided in paragraph (f)(15)(ii)(A) or 

(B) of this section. 

* * * * * 

(m) * * * 

(17) * * * 

(i) * * * 

(ii) Study—(A) M–2 post-secondary/

vocational study—(1) Authorized study 

at SEVP-certified schools. An M–2 

spouse or M–2 child may enroll in less 

than a full course of study, as defined 

in paragraphs (f)(6)(i)(A) through (D) or 

(m)(9)(i) through (v), in any course of 

study described in paragraphs 

(f)(6)(i)(A) through (D) or (m)(9)(i) 

through (v) of this section at an SEVPcertified school. Notwithstanding 

paragraphs (f)(6)(i)(B) and (m)(9)(i) of 

this section, study at an undergraduate 

college or university or at a community 

college or junior college is not a full 

course of study solely because the M– 

2 nonimmigrant is engaging in a lesser 

course load to complete a course of 

study during the current term. An M–2 

spouse or M–2 child enrolled in less 

than a full course of study is not eligible 

to engage in employment pursuant to 

paragraph (m)(14) of this section or 

pursuant to paragraphs (f)(9) through 

(10) of this section. 

(2) Full course of study. Subject to 

paragraph (m)(17)(ii)(B) of this section, 

an M–2 spouse and child may engage in 

a full course of study only by applying 

for and obtaining a change of status to 

F–1, M–1, or J–1 status, as appropriate, 

before beginning a full course of study. 

An M–2 spouse and M–2 child may 

engage in study that is avocational or 

recreational in nature, up to and 

including on a full-time basis. 

(B) M–2 elementary or secondary 

study. An M–2 child may engage in fulltime study, including any full course of 

study, in any elementary or secondary 

school (kindergarten through twelfth 

grade). 

(C) An M–2 spouse or child violates 

his or her nonimmigrant status by 

enrolling in any study except as 

provided in paragraph (m)(17)(ii)(A) or 

(B) of this section. 

* * * * * 

■ 3. Revise § 214.3(l)(1)(iii) to read as 

follows: 

§ 214.3 Approval of schools for enrollment 

of F and M nonimmigrants. 

* * * * * 

(l) * * * 

(1) * * * 

(iii) School officials may nominate as 

many DSOs in addition to PDSOs as 

they determine necessary to adequately 

provide recommendations to F and/or M 

students enrolled at the school 

regarding maintenance of nonimmigrant 

status and to support timely and 

complete recordkeeping and reporting 

to DHS, as required by this section. 

School officials must not permit a DSO 

or PDSO nominee access to SEVIS until 

DHS approves the nomination. 

* * * * * 

Jeh Charles Johnson, 

Secretary. 

[FR Doc. 2015–09959 Filed 4–28–15; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF ENERGY 

10 CFR Part 1047 

RIN 1994–AA03 

Authority of DOE Protective Force 

Officers That Are Federal Employees 

To Make Arrests Without a Warrant for 

Certain Crimes 

AGENCY: National Nuclear Security 

Administration, Department of Energy. 

ACTION: Final rule. 

SUMMARY: Section 161 k. of the Atomic 

Energy Act, as amended, empowers the 

Secretary of Energy (‘‘the Secretary’’) to 

authorize designated U.S. Department of 

Energy (DOE) employees and 

contractors to make an arrest without a 

warrant for certain crimes. Specifically, 

the Secretary may authorize the arrest of 

any individual who has committed a 

federal crime in the presence of a DOE 

protective force officer regarding the 

property of the United States in the 

custody of DOE or DOE contractors. The 

Secretary may also authorize the arrest 

of any individual who is reasonably 

believed to have committed or to be 

committing a felony regarding the 

property of the United States in the 

custody of DOE or DOE contractors. 

Pursuant to this authority, DOE adds 

misdemeanor and felony violations of 

Assaulting a Federal Officer to the 

enumerated criminal violations for 

which DOE protective force officers that 

are federal employees may execute an 

arrest without a warrant, as set forth in 

DOE regulations. 

DATES: The rule is effective on April 29, 

2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bruce Diamond, U.S. Department of 

Energy, National Nuclear Security 

Administration, Mail Stop NNSA, 

Forrestal Building, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0103. Telephone: (202) 586–3700. 

Email: Bruce.Diamond@nnsa.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Authority 

II. Synopsis of the Rule 

III. Regulatory Procedures, Justification for 

Final Rule 

Administrative Procedure Act 

Review Under Executive Order 12866 

Review Under the Regulatory Flexibility 

Act 

Review Under the Paperwork Reduction 

Act 

Review Under the National Environmental 

Policy Act of 1969 

Review Under Executive Order 13132 

Review Under Executive Order 12988 

Review Under the Unfunded Mandates 

Reform Act of 1995 

Review Under the Treasury and General 

Government Appropriations Act, 1999 

Review Under Executive Order 12630 

Review Under the Treasury and General 

Government Appropriations Act, 2001 

Review Under Executive Order 13211 

Congressional Notification 

IV. Approval of the Office of the Secretary 

I. Background and Authority 

Section 161 k. of the Atomic Energy 

Act of 1954 (AEA), as amended by Pub. 

L. 105–394 (codified at 42 U.S.C. 

2201(k)), empowers the Secretary of 

Energy (‘‘the Secretary’’) to authorize 

designated members, officer, employees, 

contractors, and subcontractors of the 

Department of Energy (DOE) to carry 

firearms while discharging their official 

duties. Section 161 k. further provides 

that the Secretary may authorize these 

designated officials to make an arrest 

without a warrant for any federal crime 

regarding the property of the United 

States in the custody of DOE or a DOE 

contractor and for any federal felony 

regarding the property of the United 

States in the custody of DOE or a DOE 

contractor that a designated official 

reasonably believes is being or has been 

committed. Lastly, section 161 k. 

authorizes the Secretary to issue 

guidelines, with the approval of the 

Attorney General, to implement this 

authority. 

The Secretary has previously 

exercised this authority to sanction 

arrests without warrants for certain 

federal crimes through the regulation at 

mstockstill on DSK4VPTVN1PROD with RULES

23690 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations 

1All of the crimes currently listed in 10 CFR 

1047.4(a) (1) may serve as the basis for an arrest by 

any DOE protective force officer, including those 

who are non-federal, contract employees. 

10 CFR 1047.4. This section enumerates 

the federal crimes for which a DOE 

protective force officer may execute a 

warrantless arrest. These crimes are 

incorporated by reference to the 

appropriate section of the United States 

Code. Consistent with section 161 k. of 

the AEA, however, 10 CFR 1047.4 

makes clear that such authority is 

limited to the included crimes and may 

only be exercised ‘‘if the property of the 

United States which is in the custody of 

the DOE or its contractors is involved.’’ 

Additionally, 10 CFR 1047.4(b) and 10 

CFR 1047.4(c) set forth the necessary 

facts to effectuate a valid warrantless 

arrest for a felony and a misdemeanor, 

respectively. 10 CFR 1047.4(b) states 

that an arrest may be executed on the 

basis of an enumerated felony either if 

it is committed in the presence of a DOE 

protective force officer or if a DOE 

protective force officer reasonably 

believes that a felony has been or is 

being committed. In contrast, 10 CFR 

1047.4(c) states that an arrest may only 

be executed on the basis of an 

enumerated misdemeanor if it occurs in 

the presence of a DOE protective force 

officer. 

II. Synopsis of the Rule 

With this rule, DOE is establishing a 

new subsection within 10 CFR 

1047.4(a)(1) to add 18 U.S.C. 111 

(‘‘Assaulting, resisting, or impeding 

certain officers or employees’’) to the 

list of enumerated federal crimes for 

which DOE protective force officers that 

are federal employees 1 may execute a 

warrantless arrest. In relevant part, this 

statute criminalizes the activity of 

anyone who ‘‘forcibly assaults, resists, 

opposes, impedes, intimidates, or 

interferes with any person designated in 

section 1114 of this title while engaged 

in or on account of the performance of 

official duties.’’ 18 U.S.C. 111. As 

defined in 18 U.S.C. 1114, section 111 

applies to actions taken against ‘‘any 

officer or employee of the United States 

or of any agency in any branch in the 

United States Government (including 

any member of the uniformed services) 

while such officer or employee is 

engaged in or on account of the 

performance of official duties, or any 

person assisting such an officer or 

employee in the performance of such 

duties or on account of that assistance.’’ 

Specifically, DOE is adding reference to 

felony and misdemeanor violations of 

18 U.S.C. 111 at 10 CFR 1047(a)(1)(iii). 

To retain consistency, DOE is also 

amending 10 CFR 1047.4(b) and 10 CFR 

1047.4(c) to incorporate the newly 

added 10 CFR 1047(a)(1)(iii). 

DOE believes that this change is 

necessary to ensure that DOE protective 

force officers that are federal employees 

may effectively protect United States 

property in the custody of DOE and 

DOE contractors. Authorizing DOE 

protective force officers that are federal 

employees to arrest individuals who 

impede the official duties of DOE 

protective force personnel allows them 

to immediately neutralize any 

individual who poses an existing and 

ongoing threat to both the integrity of 

the property of the United States and 

the ability of DOE to retain custody of 

such property. 

The 18 U.S.C. 111 statute is similar in 

nature to many of the crimes for which 

the Secretary has previously delegated 

arrest authority by reference in 10 CFR 

1047.4(a), including civil disorder, 18 

U.S.C. 231, conspiracy, 18 U.S.C. 371, 

damage to or destruction of government 

property, 18 U.S.C. 2112, destruction of 

motor vehicles, 18 U.S.C. 33, unlawful 

use of explosives, 18 U.S.C. 844(f), and 

sabotage, 18 U.S.C. 2151, 2153–2156. 

See 50 FR 30926 (July 31, 1985). 

III. Regulatory Procedures, Justification 

for Final Rule. 

Administrative Procedure Act 

Pursuant to authority at 5 U.S.C. 

553(b)(B), DOE finds good cause to 

waive the requirement to provide prior 

notice and an opportunity for public 

comment for this rulemaking as such 

procedures would be impracticable and 

contrary to the public interest. DOE 

believes that this change is necessary to 

ensure that Federal Agents may 

effectively protect ongoing shipments of 

nuclear weapons, nuclear components 

and special nuclear materials in the 

custody of DOE. Authorizing DOE 

protective force officers to detain or 

arrest individuals who impede the 

official duties of DOE protective force 

personnel allows them to act quickly to 

disrupt situations that pose an existing 

and ongoing threat to both the integrity 

of the property of the United States and 

the ability of DOE to retain custody of 

such property. The extraordinary 

sensitivity of the cargo in the custody of 

DOE warrants immediate action to 

reduce the risks to DOE Federal Agents’ 

ability to carry out their protective 

function. 

For the same reason, DOE finds good 

cause pursuant to authority at 5 U.S.C. 

553(d)(3), to waive the requirement that 

this rule be delayed in effective date 30 

days after the date of publication. As 

such, this rule will be effective April 29, 

2015. 

Review Under Executive Order 12866 

This rulemaking is not a ‘‘significant 

regulatory action’’ under section 3(f)(1) 

of Executive Order 12866 and the 

principles reaffirmed in Executive Order 

13563 because it will not have an 

economic impact of $100 million, it 

does not create a serious inconsistency 

with other agency actions, will not 

materially impact any budget, and does 

not raise novel legal or policy issues. 

Accordingly, today’s action was not 

subject to review by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

Review Under the Regulatory Flexibility 

Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site (http://energy.gov/

gc/office-general-counsel). 

Because this rule is not subject to the 

requirement that the agency provide 

prior notice and an opportunity for 

public comment pursuant to 5 U.S.C. 

553, or any other law, the analytical 

requirements of the Regulatory 

Flexibility Act are inapplicable to this 

rulemaking. DOE notes that this final 

rule would empower DOE protective 

force officers that are federal employees 

to arrest individuals who violate 18 

U.S.C. 111 when such a violation 

involves the property of the United 

States in the custody of DOE or a DOE 

contractor. This rule is a matter of law 

enforcement procedure and does not 

impose any requirement on any small 

entities. 

Review Under the Paperwork Reduction 

Act 

This rulemaking imposes no new 

information or record keeping 

requirements. Accordingly, Office of 

Management and Budget clearance is 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations 23691 

not required under the Paperwork 

Reduction Act. 44 U.S.C. 3501 et seq. 

Review Under the National 

Environmental Policy Act of 1969 

Pursuant to the National 

Environmental Policy Act of 1969, DOE 

has determined that this rule is covered 

under the Categorical Exclusion found 

in DOE’s National Environmental Policy 

Act regulations at paragraph A.5 of 

Appendix A to Subpart D, 10 CFR part 

1021, which applies to rulemakings 

‘‘amending an existing rule or regulation 

that does not change the environmental 

effect of the rule or regulation being 

amending.’’ The arrest authority of DOE 

protective force officers has no 

significant impact on the environment. 

Therefore, DOE does not need to 

prepare an Environmental Assessment 

or Environmental Impact Statement for 

this rule. 

Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (Aug. 10, 1999), imposes 

certain requirements on Federal 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. The Executive Order 

requires agencies to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and to carefully assess the 

necessity for such actions. The 

Executive Order also requires agencies 

to have a process of accountability to 

ensure meaningful and timely input by 

State and local officials in the 

development of regulatory policies that 

have Federalism implications. This 

publication is intended to put both 

States and the general public on notice 

of this final rule. 

Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ imposes on Federal agencies 

the general duty to adhere to the 

following requirements: (1) eliminate 

drafting errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. 61 FR 4729 (Feb. 

7, 1996). Section 3(b) of Executive Order 

12988 specifically requires that 

Executive agencies make every 

reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law; this final 

rule meets the relevant standards of 

Executive Order 12988. 

Review Under the Unfunded Mandates 

Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Pub. L. 104–4, sec. 201 

(codified at 2 U.S.C. 1531). For a 

proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. 2 U.S.C. 1532(a), (b). 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820 (Mar. 18, 1997). 

DOE’s policy statement is also available 

at http://energy.gov/gc/office-generalcounsel. This final rule contains neither 

an intergovernmental mandate nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so the UMRA does not apply. 

Review Under the Treasury and General 

Government Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule would not have any impact on the 

autonomy or integrity of the family as 

an institution. Accordingly, DOE has 

concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

Review Under Executive Order 12630 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights,’’ 53 FR 8859 

(March 18, 1988), that this regulation 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

Review Under the Treasury and General 

Government Appropriations Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516, note) 

provides for Federal agencies to review 

most disseminations of information to 

the public under guidelines established 

by each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

today’s final rule under the OMB and 

DOE guidelines and has concluded that 

it is consistent with applicable policies 

in those guidelines. 

Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OIRA at OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgates or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy, or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, an agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

mstockstill on DSK4VPTVN1PROD with RULES

23692 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Rules and Regulations 

DOE has concluded that this 

regulatory action is not a significant 

energy action because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, 

nor has it been designated as such by 

the Administrator at OIRA. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects on the final rule. 

Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

IV. Approval of the Office of the 

Secretary 

The Office of the Secretary of Energy 

has approved the issuance of this final 

rule. 

List of Subjects in 10 CFR Part 1047 

Government contracts, Law 

enforcement, Nuclear energy. 

Issued in Washington, DC, on March 23, 

2015. 

Ernest J. Moniz, 

Secretary. 

For the reasons set forth in the 

preamble, DOE is amending part 1047 of 

chapter X of title 10 of the Code of 

Federal Regulations, to read as set forth 

below: 

PART 1047—LIMITED ARREST 

AUTHORITY AND USE OF FORCE BY 

PROTECTIVE FORCE OFFICERS 

■ 1. The authority citation for part 1047 

continues to read as follows: 

Authority: Sec. 2201, Pub. L. 83–703, 68 

Stat. 919 (42 U.S.C. 2011 et seq.); Department 

of Energy Organization Act, Pub. L. 95–91, 91 

Stat. 565 (42 U.S.C. 7101 et seq.). 

■ 2. Section 1047.4 is amended by: 

■ a. Adding paragraph (a)(1)(iii); and 

■ b. Revising paragraphs (b) and (c). 

The addition and revisions read as 

follows: 

§ 1047.4 Arrest authority. 

(a) * * * 

(1) * * * 

(iii) Assaulting, resisting, or impeding 

certain officers or employees—18 U.S.C. 

111. Both the felony and misdemeanor 

level offenses may only be enforced by 

protective force officers that are federal 

employees. 

* * * * * 

(b) Felony Arrests. A protective force 

officer is authorized to make an arrest 

for any felony listed in paragraph 

(a)(1)(i) or (a)(2)(i) of this section if the 

offense is committed in the presence of 

the protective force officer or if he or 

she has reasonable grounds to believe 

that the individual to be arrested has 

committed or is committing the felony. 

(c) Misdemeanor Arrest. A protective 

force officer is authorized to make an 

arrest for any misdemeanor listed in 

paragraph (a)(1)(ii) or (a)(2)(ii) of this 

section if the offense is committed in 

the presence of the protective force 

officer. 

* * * * * 

[FR Doc. 2015–10042 Filed 4–28–15; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 346 

RIN 3064–AE09 

Transferred OTS Regulations and 

Regulations Regarding Disclosure and 

Reporting of CRA-Related Agreements 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Federal Deposit 

Insurance Corporation (‘‘FDIC’’) 

published a final rule in the Federal 

Register on July 21, 2014 (79 FR 42183), 

regarding Transferred OTS Regulations 

Regarding Disclosure and Reporting of 

CRA-Related Agreements. This 

publication corrects a typographical 

error which caused the unintended 

deletion of §§ 346.2 through 346.10. 

DATES: The correction is effective April 

29, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Patience Singleton, Senior Policy 

Analyst, Division of Depositor and 

Consumer Protection, (202) 898–6859; 

Jennifer Maree, Counsel, Legal Division, 

(202) 898–6543; Richard M. Schwartz, 

Counsel, Legal Division, (202) 898– 

7424. 

SUPPLEMENTARY INFORMATION: The 

Federal Deposit Insurance Corporation 

(‘‘FDIC’’) is correcting a typographical 

error in the final rule that published in 

the Federal Register on July 21, 2014 

(79 FR 42183), which caused the 

unintended deletion of §§ 346.2 through 

346.10. 

List of Subjects in 12 CFR Part 346 

Banks and banking, Disclosure and 

reporting of CRA-related agreements, 

Savings associations. 

Authority and Issuance 

For the reasons stated in the 

preamble, the Board of Directors of the 

Federal Deposit Insurance Corporation 

corrects 12 CFR chapter III by revising 

part 346 as set forth below: 

PART 346—DISCLOSURE AND 

REPORTING OF CRA-RELATED 

AGREEMENTS 

Sec. 

346.1 Purpose and scope of this part. 

346.2 Definition of covered agreement. 

346.3 CRA communications. 

346.4 Fulfillment of the CRA. 

346.5 Related agreements considered a 

single agreement. 

346.6 Disclosure of covered agreements. 

346.7 Annual reports. 

346.8 Release of information under FOIA. 

346.9 Compliance provisions. 

346.10 Transition provisions. 

346.11 Other definitions and rules of 

construction used in this part. 

Authority: 12 U.S.C. 1831y. 

PART 346—DISCLOSURE AND 

REPORTING OF CRA-RELATED 

AGREEMENTS 

§ 346.1 Purpose and scope of this part. 

(a) General. This part implements 

section 711 of the Gramm-Leach-Bliley 

Act (12 U.S.C. 1831y). That section 

requires any nongovernmental entity or 

person, insured depository institution, 

or affiliate of an insured depository 

institution that enters into a covered 

agreement to— 

(1) Make the covered agreement 

available to the public and the 

appropriate Federal banking agency; 

and 

(2) File an annual report with the 

appropriate Federal banking agency 

concerning the covered agreement. 

(b) Scope of this part. The provisions 

of this part apply to— 

(1) State nonmember insured banks; 

(2) Subsidiaries of state nonmember 

insured banks; 

(3) Nongovernmental entities or 

persons that enter into covered 

agreements with any company listed in 

paragraphs (b)(1), (2), (4) and (5) of this 

section. 

(4) State savings associations; and 

(5) Subsidiaries of State savings 

associations. 

(c) Relation to Community 

Reinvestment Act. This part does not 

affect in any way the Community 

Reinvestment Act of 1977 (12 U.S.C. 

2901 et seq.) or the FDIC’s Community 

Reinvestment regulation found at 12 

CFR part 345, or the FDIC’s 

interpretations or administration of that 

Act or regulation. 

(d) Examples. (1) The examples in this 

part are not exclusive. Compliance with 

an example, to the extent applicable, 

constitutes compliance with this part. 

mstockstill on DSK4VPTVN1PROD with RULES