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FDIC Federal Register Citations

[Federal Register: January 3, 2008 (Volume 73, Number 2)]
[Proposed Rules]              
[Page 420-421]
From the Federal Register Online via GPO Access []



12 CFR Part 361

RIN 3064-AD23
Minority and Women Outreach Program Contracting

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice of proposed rulemaking.


SUMMARY: This proposal would amend existing FDIC regulations regarding
the FDIC's contracting activities under its Minority and Women Outreach
Program (MWOP). These are relatively minor amendments designed to
eliminate several provisions rendered obsolete by significant
reductions in FDIC contracting activities and decreases in FDIC staff
to monitor the contracting activities of Minority and Women-Owned
Businesses (MWOBs).

DATES: Comments must be received on or before March 3, 2008.

ADDRESSES: You may submit comments by any of the following methods:
     Agency Web site:
 Follow instructions for submitting comments on

the Agency Web site.
     E-mail: Include ``Part 361--Minority
and Women Outreach Program Contracting'' in the subject line of the
     Mail: Robert E. Feldman, Executive Secretary, Attention:
Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.
     Hand Delivery/Courier: Guard station at the rear of the
550 17th Street Building (located on F Street) on business days between
7 a.m. and 5 p.m.
     Federal eRulemaking Portal:

Follow the instructions for submitting comments.
    Public Inspection: All comments received will be posted without
change to including any

personal information provided. Comments may be inspected and
photocopied in the FDIC Public Information Center, 3501 North Fairfax
Drive, Room E-1002, Arlington, VA 22226, between 9 a.m. and 5 p.m. on
business days. Paper copies of public comments may be ordered from the
Public Information Center by telephone at (877) 275-3342 or (703) 562-

FOR FURTHER INFORMATION CONTACT: Robert P. Elcan, Chief, Minority &
Women Outreach Program Section, Office of Diversity and Economic
Opportunity, at or (703) 562-6070; or Trisha M. Bursey,
Assistant Director, Division of Administration, Acquisition Services
Branch, Policy and Operations Section, at or (703)
562-2212; or Chris J. Conanan, Counsel, Legal Division, Corporate
Operations Branch, Corporate and Legal Operations Section, Contracting
and Internal Review Unit, at or (703) 562-2335.


I. Background

    Section 1216 of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989 provides that the FDIC shall ``prescribe
regulations to establish and oversee a minority outreach program[s] * *
* to ensure inclusion, to the maximum extent possible, of minorities
and women, and entities owned by minorities and women * * * in all
contracts entered into by the agency * * *.'' 12 U.S.C. 1833e(c). Since
1992, the FDIC has promulgated Outreach Regulations implementing this
statutory directive and has used various approaches to ensure the
maximum inclusion of MWOBs in contracts entered into by the agency,
including, among other things, formal solicitations and a focus on
Small Disadvantaged Businesses (SDBs). The MWOP is administered by the
FDIC's Office of Diversity and Economic Opportunity (ODEO); however,
actual contracts are awarded by the FDIC through the Acquisition
Services Branch, Division of Administration.
    Nonetheless, since promulgation of the Outreach Regulations, and
amendments made in 1995 and 2000, FDIC contracting activities have
significantly declined, which has resulted in fewer contract awards to
MWOBs. Consequently, FDIC staff involved in MWOB registration,
monitoring, and data collection has been significantly reduced, and the
provisions in the Outreach Regulations that correspond to these staff
activities have not been operational for several years. For these
reasons, the FDIC proposes elimination of obsolete regulatory
provisions. Specifically, the FDIC proposes to eliminate current
regulatory provisions that call for registration of MWOBs; quarterly
MWOB data reports from Offices or Divisions within the FDIC to ODEO;
and the designation of MWOP coordinators within FDIC Offices or

II. Request for Comments

    The FDIC welcomes comments on all aspects of this proposal.

III. Solicitation of Comments on Use of Plain Language

    Section 722 of the Gramm-Leach-Bliley Act, Pub. L. 106-102, sec.
722, 113 Stat. 1338, 1471 (Nov. 12, 1999), requires the federal banking
agencies to use plain language in all proposed and final rules
published after January 1, 2000. We invite your comments on how to make
this proposal easier to understand. For example:
     Have we organized the material to suit your needs? If not,
how could this material be better organized?
     Are the requirements in the proposed regulation clearly
stated? If not, how could the regulation be more clearly stated?
     Does the proposed regulation contain language or jargon
that is not clear? If so, which language requires clarification?

[[Page 421]]

     Would a different format (grouping and order of sections,
use of headings, paragraphing) make the regulation easier to
understand? If so, what changes to the format would make the regulation
easier to understand?
     What else could we do to make the regulation easier to

IV. Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (RFA) requires that each Federal
agency either certify that a proposed rule would not, if adopted in
final form, have a significant impact on a substantial number of small
entities or prepare an initial regulatory flexibility analysis (IRFA)
of the proposal and publish the analysis for comment. See 5 U.S.C. 603,
605. The proposed rule primarily affects the internal operations of the
FDIC, does not impose any obligations or restrictions on depository
institutions, including small depository institutions, and does not
impact the contracting opportunities of small businesses or SDBs. The
FDIC certifies pursuant to 5 U.S.C. 605(b) that this proposed rule, if
it is adopted in final form, will not have a significant impact on a
substantial number of small entities. Commenters are nevertheless
invited to provide the FDIC with any information they may have about
the likely quantitative effects of the proposal.

V. Paperwork Reduction Act

    The FDIC has determined that this proposed rule does not involve a
collection of information pursuant to the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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

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

List of Subjects in 12 CFR Part 361

    Government contracts, Individuals with disabilities, Lawyers, Legal
services, Minority businesses, Reporting and recordkeeping
requirements, Women.
    For the reasons set forth in the preamble, the Board of Directors
of the Federal Deposit Insurance Corporation proposes to amend title
12, chapter III, of the Code of Federal Regulations as follows:


    1. The authority citation for part 361 continues to read as

    Authority: 12 U.S.C. 1833e.

    2. Revise Sec.  361.3 to read as follows:

Sec.  361.3  Who may participate in this outreach program?

    Any MWOB contractor qualified to provide goods and services to the
    3. Revise Sec.  361.5 to read as follows:

Sec.  361.5  What are the FDIC's oversight and monitoring
responsibilities in administering this program?

    The FDIC Office of Diversity and Economic Opportunity (ODEO) has
overall responsibility for nationwide outreach oversight which
includes, but is not limited to, the monitoring, review and
interpretation of relevant regulations. In addition, the ODEO is
responsible for providing the FDIC with technical assistance and
guidance to facilitate the identification and solicitation of MWOBs.
ODEO shall also collect and analyze data on contracting dollars awarded
to MWOBs as provided by the FDIC's Division of Administration.
    4. Revise Sec.  361.6 to read as follows:

Sec.  361.6  What outreach efforts are included in this program?

    Outreach includes the identification and solicitation of MWOBs who
can provide goods and services to the FDIC and the distribution of
information concerning the MWOP. The identification and solicitation of
MWOBs for the provision of legal and non-legal services will primarily
be accomplished by:
    (a) Obtaining lists and directories of MWOBs maintained by other
federal, state, and local governmental agencies;
    (b) Participating in conventions, seminars and professional
meetings comprised of, or attended predominately by MWOBs;
    (c) Conducting seminars, meetings, workshops and other various
functions to promote the identification and solicitation of MWOBs;
    (d) Placing MWOP promotional advertisements in minority- and women-
owned media indicating opportunities with the FDIC; and
    (e) Monitoring FDIC staff interacting with the contracting
community to ensure they are knowledgeable of, and actively promote the

    By order of the Board of Directors.

    Dated at Washington, DC, this 19th day of December 2007.

Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. E7-25028 Filed 1-2-08; 8:45 am]



Last Updated 01/04/2008

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