10018 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Proposed Rules 

ii. The OCC may impose conditions, 

enforceable pursuant to 12 U.S.C. 1818, if it 

determines that information technology 

systems compatibility and integration 

represent a supervisory significant concern. 

These conditions may include requirements 

and time frames for specific remedial actions 

and specific measures for assessing and 

evaluating the depository institution’s 

systems integration progress. 

iii. The OCC may deny the application if 

the integration issues or other issues present 

significant supervisory concerns, and the 

issues cannot be resolved through 

appropriate conditions or otherwise. 

e. The OCC also considers the proposed 

governance structure of the resulting 

institution. This includes governance in 

decision-making processes, the board 

management oversight structure, and the risk 

management system, including change 

management. This also includes expansion of 

existing activities, introduction of new or 

more complex products or lines of business, 

and implications for managing existing and 

acquired subsidiaries and equity 

investments. When applicable, the resulting 

institution’s governance is also considered in 

the context of the institution’s relationship 

with its holding company and the scope of 

the holding company’s activities. 

3. Future Prospects: 

a. The OCC considers the resulting 

institution’s future prospects in light of its 

assessment of the institutions’ financial and 

managerial resources. 

b. The OCC also considers the proposed 

operations of the resulting institution. The 

OCC’s consideration and degree of scrutiny 

reflects the acquirer’s record of integrating 

acquisitions. 

i. The OCC considers whether the 

integration of the combining institutions 

would allow it to function effectively as a 

single unit. 

ii. The OCC considers the resulting 

institution’s business plan or strategy and 

management’s ability to implement it in a 

safe and sound manner. 

iii. The OCC also considers the 

combination’s potential impact on the 

resulting institution’s continuity planning 

and operational resilience. 

V. Convenience and Needs 

A. The OCC considers the probable effects 

of the proposed business combination on the 

community to be served. Review of the 

convenience and needs factor is prospective 

and considers the likely impact on the 

community of the resulting institution after 

the transaction is consummated, including 

but not limited to: 

1. any plans to close, expand, consolidate, 

or limit branches or branching services, 

including in low- or moderate-income (LMI) 

areas; 

2. any plans to reduce the availability or 

increase the cost of banking services or 

products, or plans to provide expanded or 

less costly banking services or products to 

the community; 

3. credit availability throughout the 

community, including, for example, home 

mortgage, consumer, small business, and 

small farm loans; 

4. job losses or reduced job opportunities 

from branch staffing changes, including 

branch closures or consolidations; 

5. community investment or development 

initiatives, including, for example, 

community reinvestment, community 

development investment, and community 

outreach and engagement strategies; and 

6. efforts to support affordable housing 

initiatives and small businesses. 

B. The OCC considers comments received 

during the comment period and information 

provided during any public hearing or 

meeting for proposed business combinations. 

To the extent public comments or 

discussions address issues involving 

confidential supervisory information, 

however, the OCC generally will not discuss 

or otherwise disclose that confidential 

supervisory information in public decision 

letters and forums. 

C. The OCC considers the CRA record of 

performance of an applicant in evaluating a 

business combination application. The OCC’s 

forward-looking evaluation of the 

convenience and needs factor under the BMA 

is separate and distinct from its consideration 

of the CRA record of performance of an 

applicant in helping to meet the credit needs 

of the relevant community, including LMI 

neighborhoods. 

VI. Public Comments and Meetings 

A. Public Comments 

1. Unless an exception applies, a 

combination under the BMA is subject to a 

30-day comment period following 

publication of the notice of the proposed 

combination. The OCC may extend the 

comment period in certain instances: 

a. when a filer fails to file all required 

publicly available information on a timely 

basis or makes a request for confidential 

treatment not granted by the OCC; 

b. when requested and the OCC determines 

that additional time is necessary to develop 

factual information necessary to consider the 

filing; and 

c. when the OCC determines that other 

extenuating circumstances exist. 

2. The OCC may find that additional time 

is necessary to develop factual information if 

a filer’s response to a comment does not fully 

address the matters raised in the comment, 

and the commenter requests an opportunity 

to respond. 

3. Examples of extenuating circumstances 

necessitating an extension include: 

a. transactions in which public meetings 

are held to allow for public comment after 

the meeting; 

b. unusual transactions (e.g., novel or 

complex transactions); and 

c. natural or other disasters occurring in 

geographic regions affecting the public’s 

ability to timely submit comments. 

B. Public Meetings 

1. While the BMA does not require the 

OCC to hold meetings or hearings, the OCC 

has three methods for seeking oral input: (1) 

public hearing, (2) public meeting, and (3) 

private meeting. Public meetings are the 

most-employed public option. 

2. The OCC will balance the public’s 

interest in the transaction with the value or 

harm of a public meeting to the decisionmaking process (e.g., although there may be 

increased public interest in a transaction, a 

public meeting will not be held if it would 

not inform the OCC’s decision on an 

application or would otherwise harm the 

decision-making process). 

3. Criteria informing the OCC’s decision on 

whether to hold public meetings include: 

a. the extent of public interest in the 

proposed transaction. 

b. whether a public meeting is appropriate 

in order to document or clarify issues 

presented by a particular transaction based 

on issues the public raises during the public 

comment process. 

c. whether a public meeting would provide 

useful information that the OCC would not 

otherwise be able to obtain in writing. 

d. the significance of the transaction to the 

banking industry. Relevant considerations 

may include the asset sizes of the institutions 

involved (e.g., resulting institution will have 

$50 billion or more in total assets), and 

concentration of the resulting institution in 

one or more markets. 

e. the significance of the transaction to the 

communities affected. Relevant 

considerations may include the effects of the 

transaction on the convenience and needs of 

the community to be served, including a 

consideration of a bank’s CRA strategy and 

the extent to which the acquirer and target 

are currently serving the convenience and 

needs of their communities. 

f. the acquirer’s and target’s CRA, 

consumer compliance, fair lending, and other 

pertinent supervisory records, as applicable. 

Michael J. Hsu, 

Acting Comptroller of the Currency. 

[FR Doc. 2024–02663 Filed 2–12–24; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 490 

[FHWA Docket No. FHWA–2023–0014] 

RIN 2125–AG06 

National Performance Management 

Measures; Extenuating Circumstances, 

Highway Performance Monitoring 

System Data Field Names, Safety 

Performance Measure, Pavement 

Condition Measure, and Freight 

Performance Measure 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: The FHWA is extending the 

comment period for a notice of 

proposed rulemaking (NPRM) and 

request for comments, which was 

published on January 25, 2024. The 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Proposed Rules 10019 

original comment period is set to close 

on February 26, 2024. The extension is 

based on concern expressed by 

stakeholders that the February 26, 2024, 

closing date does not provide sufficient 

time to review and provide 

comprehensive comments. The FHWA 

recognizes that others interested in 

commenting may have similar concerns 

and agrees that the comment period 

should be extended. Therefore, the 

closing date for comments is changed to 

March 12, 2024, which will provide 

stakeholders and others interested in 

commenting additional time to discuss, 

evaluate, and submit responses to the 

docket. 

DATES: Comments must be received on 

or before March 12, 2024. Late-filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, between 9:00 

a.m.–5:00 p.m., e.t., Monday through 

Friday, except Federal holidays. The 

telephone number is (202) 366–9329; 

• Instructions: You must include the 

agency name and docket number or the 

Regulatory Identification Number for 

the rulemaking at the beginning of your 

comments. All comments received will 

be posted without change to 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Mrs. 

Alexis Kuklenski, Office of 

Infrastructure, (202) 689–9229, 

Alexis.Kuklenski@dot.gov, or Ms. Dawn 

Horan, Office of the Chief Counsel, (202) 

366–9615, Dawn.M.Horan@dot.gov, 

Federal Highway Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document and all comments 

received may be viewed online through 

the Federal eRulemaking portal at 

www.regulations.gov. The website is 

available 24 hours each day, 365 days 

each year. An electronic copy of this 

document may also be downloaded by 

accessing the Office of the Federal 

Register’s home page at: 

www.federalregister.gov. 

Background 

On January 25, 2024, at 89 FR 4857, 

FHWA published in the Federal 

Register an NPRM proposing updates to 

the National Performance Management 

Measure regulations. The original 

comment period for the NPRM closes on 

February 26, 2024. Stakeholders have 

expressed concern that this closing date 

does not provide sufficient time to 

review and provide comprehensive 

comments on the proposal. The FHWA 

recognizes that others interested in 

commenting may have similar concerns 

and agrees that the comment period 

should be extended by 15 days for these 

organizations and others to submit 

comprehensive comments. The closing 

date is changed from February 26, 2024, 

to March 12, 2024. 

Authority: 23 U.S.C. 134, 135, 148, and 

150; 49 CFR 1.85. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

[FR Doc. 2024–02835 Filed 2–12–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 166 and 167 

[Docket No. USCG–2019–0279] 

Shipping Safety Fairways Along the 

Atlantic Coast; Geographic Information 

System Files 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of availability. 

SUMMARY: The Coast Guard published a 

proposed rule detailing the potential 

establishment of shipping safety 

fairways along the Atlantic coast. In 

order to help stakeholders visualize the 

proposed fairways, the Coast Guard is 

making geographic information system 

files available for public access. 

DATES: Comments submitted on the 

proposed rule published January 19, 

2024, at 89 FR 3587, must be received 

by the Coast Guard on or before April 

18, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Maureen Kallgren, Coast Guard; 

telephone 202–372–1561, email 

Maureen.R.Kallgren2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard published a proposed rule on 

January 19, 2024, proposing a series of 

shipping safety fairways along the 

Atlantic Coast (89 FR 3587). If you want 

to submit comments or related material 

on the proposed rule they must be 

received by the Coast Guard on or before 

April 18, 2024. 

In order to visualize the dimensions 

of the proposed fairways, many 

stakeholders reached out and asked for 

the geographic information system (GIS) 

files that chart the fairways. A GIS file 

displays geographically referenced 

information, in this case the location 

and dimensions of the proposed 

fairways. These files are now available 

for public access at https://www.navcen.

uscg.gov/rulemaking-files. 

This document is issued under 

authority found in 5 U.S.C. 552(a). 

Dated: February 6, 2024. 

Steven E. Ramassini, 

Captain, United States Coast Guard, Chief, 

Office of Navigation Systems. 

[FR Doc. 2024–02769 Filed 2–12–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 11 

[Docket No. DOI–2022–0016; 24XD1618EN, 

DS61600000, DMNHQ0000.000000] 

RIN 1090–AB26 

Natural Resource Damages for 

Hazardous Substances 

AGENCY: Office of Restoration and 

Damage Assessment, Interior. 

ACTION: Notice of Tribal consultation 

meetings and extension of public 

comment period. 

SUMMARY: The Department of the 

Interior is announcing the dates of 

Tribal consultation meetings to gather 

information to revise the simplified 

Type A procedures in the regulations for 

conducting natural resource damage 

assessment and restoration for 

hazardous substance releases. We are 

also extending the comment period on 

our Notice of Proposed Rulemaking 

issued on January 5, 2024. 

DATES: The public comment period on 

our request for information notice that 

published on January 5, 2024, at 89 FR 

733 is extended. Interested persons are 

invited to submit comments by 11:59 

p.m. April 5, 2024. 

The Office of Restoration and Damage 

Assessment will host virtual Tribal 

consultation sessions at the dates and 

times below. Please use the following 

links to register for one of the sessions: 


lotter on DSK11XQN23PROD with PROPOSALS1