[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Rules and Regulations]
[Pages 45854-45857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18052]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Parts 338 and 352

RIN 3064-AD31


Fair Housing and Nondiscrimination on the Basis of Disability

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FDIC is amending two regulations, following a recent 
review, to update FDIC addresses contained in the regulations. First, 
the FDIC is updating the division name and address information in the 
Equal Housing Lender poster set forth in its fair housing regulation. 
Second, the FDIC is updating the address and telephone contact 
information for the FDIC's Office of Diversity and Economic Opportunity 
(ODEO) set forth in its regulation on nondiscrimination on the basis of 
disability.

DATES: Effective August 7, 2008.

FOR FURTHER INFORMATION CONTACT: Michael R. Evans, Fair Lending 
Specialist, Compliance Policy Section, Division of Supervision and 
Consumer Protection, (202) 898-6611; or Donna Nordenberg, Counsel, 
Legal Division, (202) 898-6595, for the revision to 12 CFR part 338. 
Earl F. McJett, Information Management Analyst, Office of Diversity and 
Economic Opportunity, (703) 562-6098; or Michelle Kosse, Counsel, Legal 
Division, (202) 898-3792, for the revision to 12 CFR part 352.

SUPPLEMENTARY INFORMATION: 

I. Background

    Following a recent review of certain regulations, the FDIC is 
amending contact information for FDIC offices contained in two 
regulations, parts 338 and 352.
    Part 338 of the FDIC's Rules and Regulations is the FDIC's Fair 
Housing Act (FHA) regulation (12 CFR part 338). Section 338.4 requires 
insured state nonmember banks that engage in extending any loan for the 
purpose of purchasing, constructing, improving, repairing, or 
maintaining a dwelling or any loan secured by a dwelling to 
conspicuously display either the Equal Housing Lender poster set forth 
in section 338.4(b) or the Equal Housing Opportunity poster prescribed 
by part 110 of the regulations of the United States Department of 
Housing and Urban Development (24 CFR part 110). The Equal Housing 
Lender poster set forth in part 338 contains an FDIC address for filing 
complaints of discrimination under the FHA and the Equal Credit 
Opportunity Act regarding insured state nonmember banks. The FDIC 
previously centralized the processing of consumer complaints in the 
FDIC Consumer Response Center (CRC) located in Kansas City, Missouri, 
and is updating the poster prescribed in part 338 to reflect the name 
and address of the CRC. The FDIC has updated the Equal Housing Lender 
posters made available to insured state nonmember banks to reflect the 
address of the CRC.
    Part 352 is the FDIC's regulation on nondiscrimination on the basis 
of disability (12 CFR part 352). Part 352 is intended to implement 
sections 504 and 508 of the Rehabilitation Act of 1973, as amended. 
Section 504 prohibits discrimination on the basis of disability in 
programs and activities conducted by a federal executive agency. 
Section 508 requires federal agencies to utilize electronic and 
information technology that is designed to allow individuals with 
disabilities access that is comparable to the access of those who are 
not disabled, unless the agency would incur an undue burden. 
Subsections 352.9(b) and 352.10(c) set forth contact information for 
the ODEO that is no longer accurate, as ODEO has moved to 3501 Fairfax 
Drive, Arlington, VA 22226. The current FDIC telephone number is (877) 
275-3342 or (703) 562-2473 (TTY).

II. Final Rule

    The final rule for part 338 revises the Equal Housing Lender poster 
in Sec.  338.4 to reflect the name and address of the CRC in Kansas 
City, Missouri and replace the former name of an FDIC division. The 
final rule for part 352 revises the FDIC contact information in 
Sec. Sec.  352.9(b) and 352.10(c) to reflect the current address and 
telephone number of the ODEO.
    The amendments are procedural in nature and would update the 
regulations to be consistent with the FDIC's practices and procedures. 
In order to provide a transition period for compliance with the 
amendment to part 338 only, the FDIC will require insured state 
nonmember banks that display an Equal Housing Lender poster to display 
a poster reflecting the name and address of the CRC one year from 
publication of this final rule in the Federal Register.

III. Exemption From Public Notice and Comment

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553) sets forth requirements for providing the general public notice 
of, and the opportunity to comment on, proposed agency rules. However, 
unless notice or hearing is required by statute, those requirements do 
not apply:
    (A) To interpretative rules, general statements of policy, or rules 
of agency organization, procedure, or practice; or
    (B) when the agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefor in the rules issued) 
that notice and public procedure thereon are impracticable,

[[Page 45855]]

unnecessary, or contrary to the public interest. 5 U.S.C. 553(b).
    The FDIC is amending parts 338 and 352 to make procedural changes 
to FDIC address and contact information consistent with current agency 
practice and procedures. Further, the amendment to part 338 will make 
the Equal Housing Lender poster consistent with the poster made 
available by the FDIC to insured state nonmember banks. Since these 
changes relate to agency organization, procedure, or practice, and 
because the FDIC has determined for good cause that public notice and 
comment are unnecessary, the rules are being published in final form 
without public notice and comment.

IV. Effective Dates

    Section 553 of the APA provides that a regulation shall not be made 
effective less than 30 days after its publication in the Federal 
Register except, among other things, upon a finding of ``good cause'' 
by the agency. (5 U.S.C. 553(d).) The FDIC finds that there is good 
cause to make the amendments to parts 338 and 352 effective immediately 
upon publication in the Federal Register because the revisions to the 
FDIC contact information, address and telephone number in the 
regulations are procedural and non-substantive.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) 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 FDIC has 
determined that it is unnecessary to publish a notice of proposed 
rulemaking for the final rule amending parts 338 and 352. Accordingly, 
the RFA's requirements relating to an initial and final regulatory 
flexibility analysis do not apply to this rulemaking for parts 338 or 
352.

VI. Paperwork Reduction Act of 1995

    The final rule for parts 338 or 352 does not contain any 
requirements for the collection of information pursuant to the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

VII. The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families

    The FDIC has determined that the final rule for parts 338 or 352 
will not affect family well-being within the meaning of section 654 of 
the Treasury and General Government Appropriations Act, 1999, enacted 
as part of the Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (Pub. L. 105-277, 112 Stat. 2681).

VIII. Small Business Regulatory Enforcement Fairness Act

    The Office of Management and Budget has determined that the final 
rule for parts 338 or 352 is not a ``major rule'' within the meaning of 
the relevant sections of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (SBREFA) (Title II, Pub. L. 104-121). As required 
by SBREFA, the FDIC will file the appropriate reports with Congress and 
the Government Accountability Office so that the final rule for parts 
338 or 352 may be reviewed.

List of Subjects

12 CFR Part 338

    Advertising, Banks, Banking, Civil rights, Credit, Fair housing, 
Mortgages, Reporting and recordkeeping requirements, Signs and symbols.

12 CFR Part 352

    Nondiscrimination on the basis of disability, Accessibility to 
electronic and information technology, Employment, Communications.

Authority and Issuance

0
For the reasons set forth in the preamble, parts 338 and 352 of Chapter 
III of the title 12 of the Code of Federal Regulations are amended as 
follows:

PART 338--FAIR HOUSING

0
1. The authority citation for part 338 continues to read as follows:

    Authority: 12 U.S.C. 1817, 1818, 1819, 1820(b), 2801 et seq.; 15 
U.S.C. 1691 et seq.; 42 U.S.C. 3605, 3608; 12 CFR parts 202, 203; 24 
CFR part 110.

Subpart A--Advertising

0
2. Section 338.4(b) is amended by revising the Equal Housing Lender 
Poster set forth in this paragraph to read as follows:


Sec.  338.4  Fair housing poster.

* * * * *
    (b) * * *
BILLING CODE 6714-01-P

[[Page 45856]]

[GRAPHIC] [TIFF OMITTED] TR07AU08.000

BILLING CODE 6714-01-P

[[Page 45857]]

* * * * *

PART 352--NONDISCRIMINATION ON THE BASIS OF DISABILITY

0
3. The authority citation for part 352 continues to read as follows:

    Authority: 12 U.S.C. 1819(a); 29 U.S.C. 794d.

0
4. The second and third sentences of Sec.  352.9(b) are revised to read 
as follows:


Sec.  352.9  Communications.

* * * * *
    (b) * * * Interested persons may obtain such information by 
calling, writing or visiting the FDIC Office of Diversity and Economic 
Opportunity (ODEO), located at 3501 Fairfax Drive, Arlington, VA 22226. 
The FDIC telephone number is (877) 275-3342 or (703) 562-2473 (TTY).
* * * * *

0
5. The last sentence of Sec.  352.10(c) is revised to read as follows:


Sec.  352.10  Compliance procedures.

* * * * *
    (c) * * * All complaints should be sent to the FDIC's Office of 
Diversity and Economic Opportunity, 3501 Fairfax Drive, Arlington, VA 
22226.
* * * * *

    Dated this 31st day of July, 2008.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E8-18052 Filed 8-6-08; 8:45 am]
BILLING CODE 6714-01-P