Federal Register, Volume 80 Issue 200 (Friday, October 16, 2015)

[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Rules and Regulations]
[Pages 62443-62445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26391]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Parts 352 and 361

RIN 3064-AE35


Nondiscrimination on the Basis of Disability Minority and Women 
Outreach Program Contracting

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule.

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SUMMARY: The FDIC is updating its regulations, Nondiscrimination on the 
Basis of Disability, and Minority and Women Outreach Program 
Contracting, to reflect a name change from the Agency's Office of 
Diversity and Economic Opportunity (ODEO) to the Office of Minority and 
Women Inclusion (OMWI).

DATES: This final rule will become effective on October 16, 2015.

[[Page 62444]]


FOR FURTHER INFORMATION CONTACT: Melodee Brooks, Senior Deputy 
Director, Office of Minority and Women Inclusion, (703) 562-6090; or 
Robert Lee, Counsel, Legal Division, (703) 562-2020, Federal Deposit 
Insurance Corporation, 550 17th Street, NW., Washington, DC 20429-0002.

SUPPLEMENTARY INFORMATION: 

I. Background

    Following a recent review, the FDIC is updating 12 CFR parts 352 
and 361 to reflect a name change from the FDIC Office of Diversity and 
Economic Opportunity to the FDIC Office of Minority and Women 
Inclusion.
    Part 352 is the FDIC's regulation on nondiscrimination on the basis 
of disability and 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 such 
agency would incur an undue burden. Subsections 352.9(b) and 352.10 set 
forth information that is no longer accurate, as the Office of 
Diversity and Economic Opportunity's responsibilities and employees 
were transferred to the Office of Minority and Women Inclusion, a new 
office established by the FDIC Board of Directors pursuant to Section 
342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act 
(Act). Section 342 of the Act is codified at 12 U.S.C. 5452. The 
remaining contact information for OMWI remains the same as that of the 
predecessor office--3501 N. Fairfax Drive, Arlington, VA 22226; (877) 
275-3342 or (703) 562-2473 (TTY).
    Part 361 established in regulatory form the FDIC's Minority and 
Woman Outreach Program (MWOP) to ensure that minority- and women-owned 
businesses (MWOBs) are given the opportunity to participate fully in 
all contracts entered into by the FDIC as it is the FDIC's policy that 
minorities and women, and businesses owned by them have the maximum 
practicable opportunity to participate in contracts awarded by the 
FDIC. Subsections 361.5 and 361.6(a) set forth information that is no 
longer accurate, as the Office of Diversity and Economic Opportunity's 
responsibilities and employees have been transferred to the Office of 
Minority and Women Inclusion.

II. Final Rule

    The final rule for parts 352 and 361 updates the name of the FDIC 
Office of Diversity and Economic Opportunity (ODEO) to the FDIC Office 
of Minority and Women Inclusion (OMWI). The amendments are procedural 
and non-substantive in nature, and would update the regulations to be 
consistent with the FDIC's practices and procedures. The revisions to 
each of the sections cited below in the List of Subjects simply reflect 
the change in office name.

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 interpretive 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 
findings and a brief statement of reasons therefor in the rules issued) 
that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest. 5 U.S.C. 553(b).
    The FDIC is updating parts 352 and 361 to reflect a name change 
from the FDIC Office of Diversity and Economic Opportunity to the FDIC 
Office of Minority and Women Inclusion. Since the 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 352 and 361 effective immediately 
upon publication in the Federal Register because the name change from 
the Office of Diversity and Economic Opportunity (ODEO) to the Office 
of Minority and Women Inclusion (OMWI) is 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 part 352. Accordingly, the RFA's 
requirements relating to an initial and final regulatory flexibility 
analysis do not apply to this rulemaking for parts 352 and 361.

VI. The Paperwork Reduction Act

    The final rule for parts 352 and 361 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 352 and 361 
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 352 and 361 is not a ``major rule'' within the meaning 
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 appropriate reports with Congress and the Government 
Accountability Office so that the final rule for parts 352 or 361 may 
be reviewed.

List of Subjects

12 CFR Part 352

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

12 CFR Part 361

    Minority and Women Outreach Program Contracting.

Authority and Issuance

    For the reason set forth in the preamble, parts 352 and 361 of 
Chapter III of title 12 of the Code of Federal Regulations are amended 
as follows:

PART 352--NONDISCRIMINATION ON THE BASIS OF DISABILITY

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


[[Page 62445]]


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


Sec.  352.9  [Amended]


0
2. Amend Sec.  352.9(b) by removing the term ``Office of Diversity and 
Economic Opportunity (ODEO)'' and adding in its place ``Office of 
Minority and Women Inclusion (OMWI).''


Sec.  352.10  [Amended]


0
3. Amend Sec.  352.10:
0
a. In paragraph (c) by removing the term ``Office of Diversity and 
Economic Opportunity'' and adding in its place ``Office of Minority and 
Women Inclusion'' wherever it occurs and by removing the term ``ODEO'' 
and adding in its place ``OMWI'' wherever it occurs; and
0
b. In paragraphs (e) introductory text, (g), (h), and (i) by removing 
the term ``ODEO'' and adding in its place ``OMWI'' wherever it occurs.

PART 361--MINORITY AND WOMEN OUTREACH PROGRAM CONTRACTING

0
4. The authority citation for part 361 continues to read as follows:

    Authority: 12 U.S.C. 1833e.


Sec.  361.5  [Amended]


0
9. Amend Sec.  361.5, in paragraph (a), by removing the term ``Office 
of Diversity and Economic Opportunity (ODEO)'' and adding in its place 
``Office of Minority and Women Inclusion (OMWI)'' and in paragraphs (a) 
and (b), by removing the term ``ODEO'' and adding in its place 
``OMWI.''


Sec.  361.6  [Amended]


0
10. Revise Sec.  361.6(a) by removing the term ``ODEO'' and adding in 
its place ``OMWI'' wherever it occurs.

    Dated this 13th day of October, 2015.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2015-26391 Filed 10-15-15; 8:45 am]
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