81 FR 4575 - Technical Amendments
NATIONAL CREDIT UNION ADMINISTRATION Federal Register Volume 81, Issue 17 (January 27, 2016)
Federal Register Volume 81, Issue 17 (January 27, 2016)
| Page Range | 4575-4577 | |
| FR Document | 2016-01602 |
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)] [Rules and Regulations] [Pages 4575-4577] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01602] ======================================================================= ----------------------------------------------------------------------- NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 790 RIN 3133-AE57 Technical Amendments AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The NCUA Board is amending the section of NCUA's regulations addressing the description of NCUA to make minor, non-substantive technical corrections. The technical amendments update the regulations to reflect current agency office functions and responsibilities and will not cause any substantive changes. DATES: The final rule is effective on January 27, 2016. FOR FURTHER INFORMATION CONTACT: Linda Dent, Associate General Counsel, or Jacqueline Lussier, Staff Attorney, Office of General Counsel, at 1775 Duke Street, Alexandria, VA 22314 or telephone: (703) 518-6540. SUPPLEMENTARY INFORMATION: I. Background and Purpose of the Final Rule II. Regulatory Amendments III. Regulatory Procedures I. Background and Purpose of the Final Rule Why is the NCUA Board issuing this rule? Office of Minority and Women Inclusion. The NCUA Board (Board) is issuing this rule to accurately reflect the functions and responsibilities of the Office of Minority and Women Inclusion (OMWI) and the direct reporting line for its director. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) \1\ required several agencies to establish OMWI offices with each OMWI Director appointed by and reporting to ``the agency administrator.'' \2\ The Dodd-Frank Act defines the term ``agency administrator'' as ``the head of an agency.'' \3\ NCUA's Office of General Counsel determined that at NCUA, the Chairman is the ``agency administrator'' or the head of the agency for reporting purposes. Additionally, pursuant to delegated authorities, the Executive Director could serve as the reporting conduit to the Chairman. --------------------------------------------------------------------------- \1\ 12 U.S.C. 5452. \2\ Id. at Section 5452(b)(1). \3\ Id. at Section 5452(g)(2). --------------------------------------------------------------------------- In 2011, the Board appointed an OMWI Director who began reporting to the Executive Director under delegated Board authority. The Dodd- Frank Act does not prohibit this delegation. Subsequently, in November 2013, the Board added the equal employment opportunity (EEO) program to OMWI's functions, removing the program from the Office of the Executive Director. The Board regarded the realignment as strengthening OMWI's compliance with Dodd-Frank Act requirements concerning equal employment opportunity and diversity of the agency workforce and senior management. NCUA implemented the realignment in January 2014, but the Executive Director remained the EEO Director due to a vacancy in the OMWI Director's position. In July 2015, NCUA hired an OMWI Director and, accordingly, is transferring the EEO Director designation to the OMWI Director. In implementing federal anti-discrimination laws, the Equal Employment Opportunity Commission requires each executive agency to designate an EEO Director who ``shall be under the immediate supervision of the agency head.'' \4\ This regulatory requirement does not permit further delegation. Accordingly, assigning the EEO Director designation to the OMWI Director necessitates a change in the OMWI Director's direct reporting line. --------------------------------------------------------------------------- \4\ 29 CFR 1614.102(b)(4) (emphasis added). --------------------------------------------------------------------------- In addition, other agencies that were required to establish an OMWI office currently have the OMWI Director reporting directly to the agency's top official.\5\ --------------------------------------------------------------------------- \5\ OMWI Directors report to the Comptroller of the Currency, the Consumer Financial Protection Bureau Director, the Federal Deposit Insurance Corporation Chairman, the Federal Housing Finance Agency Director, the Federal Reserve Board Chairman, and the Securities and Exchange Commission Chairman. --------------------------------------------------------------------------- For the reasons discussed above, this final rule amends the description of OMWI to reflect the transfer of the designation of Director of EEO to the OMWI Director. This rule change also amends the description of OMWI to reflect that the OMWI Director reports directly to the NCUA Chairman. Office of the Executive Director This final rule amends the description of the Office of the Executive Director to delete the statement that the Executive Director serves as the Director of EEO because this designation has transferred to the Director of OMWI. In addition, the list of offices in the description that are coordinated by the Executive Director is outdated. This final rule amends the description to update the list of offices currently coordinated by the Executive Director. This rule change reflects all current offices within NCUA's organizational structure. To effect these changes, the Board is making two conforming technical amendments to part 790, as described in section II. II. Regulatory Amendments Part 790--Changes to NCUA's Central Office Structure As discussed above, the Board is amending part 790 of NCUA's regulations to conform it to NCUA's current central office structure. [[Page 4576]] Office of Minority and Women Inclusion The final rule amends the description of OMWI to reflect that the Director of OMWI is the NCUA's Director of EEO. Previously, the Executive Director served as the agency's EEO Director. The final rule also amends the description to reflect that the Director of OMWI reports directly to the NCUA Chairman. Previously, the OMWI Director reported to the Executive Director, who in turn reported directly to the NCUA Chairman. Office of the Executive Director The final rule amends the description of the Office of the Executive Director to delete the statement that the Executive Director serves as the Director of EEO because this designation has transferred to the Director of OMWI. The final rule also amends the list of offices coordinated by the Executive Director to reflect NCUA's current organizational structure. III. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe any significant economic impact a rule may have on a substantial number of small entities (primarily those under $100 million in assets). This final rule only makes non-substantive, technical changes. NCUA certifies that these technical amendments will not have a significant economic impact on a substantial number of small credit unions. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (PRA) applies to rulemakings in which an agency by rule creates a new paperwork burden on regulated entities or modifies an existing burden.\6\ For purposes of the PRA, a paperwork burden may take the form of either a reporting or a recordkeeping requirement, both referred to as information collections. NCUA has determined that the technical amendments in this final rule do not increase the paperwork requirements under the PRA or regulations of the Office of Management and Budget. --------------------------------------------------------------------------- \6\ 44 U.S.C. 3507(d); 5 CFR part 1320. --------------------------------------------------------------------------- Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order to adhere to fundamental federalism principles. This final rule will not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. NCUA has determined that this final rule does not constitute a policy that has federalism implications for purposes of the executive order. Assessment of Federal Regulations and Policies on Families NCUA has determined that this final rule will not affect family well-being within the meaning of Section 654 of the Treasury and General Government Appropriations Act, 1999.\7\ --------------------------------------------------------------------------- \7\ Public Law 105-277, 112 Stat. 2681 (1998). --------------------------------------------------------------------------- Final Rule Generally, the Administrative Procedure Act (APA) requires a federal agency to provide the public with notice and the opportunity to comment on agency rulemakings. The amendments in this rule are non- substantive and technical, involve only matters relating to agency management and personnel and are exempt from APA notice and comment requirements.\8\ They reflect changes to NCUA's organizational structure. The APA permits an agency to forego the notice and comment period under certain circumstances, such as when a rulemaking is technical and non-substantive. NCUA finds that, in this instance, notice and public comment are unnecessary under section 553(b)(3)(B) of the APA.\9\ NCUA also finds good cause to dispense with the 30-day delayed effective date requirement under section 553(d)(3) of the APA.\10\ The rule, therefore, will be effective immediately upon publication. --------------------------------------------------------------------------- \8\ 5 U.S.C. 553(a)(2) and 553(b)(3)(B). \9\ 5 U.S.C. 553(b)(3)(B). \10\ 5 U.S.C. 553(d)(3). --------------------------------------------------------------------------- List of Subjects in 12 CFR Part 790 Organization and functions (Government agencies). By the National Credit Union Administration Board on January 21, 2016. Gerard Poliquin, Secretary of the Board. For the reasons discussed above, the NCUA Board amends 12 CFR part 790 as follows: PART 790--DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION 0 1. The authority citation for part 790 continues to read as follows: Authority: 12 U.S.C. 1766, 1789, 1795f. 0 2. In Sec. 790.2, revise paragraphs (b)(6) and (13) to read as follows: Sec. 790.2 Central and field office organization. * * * * * (b) * * * (6) Office of the Executive Director. The Executive Director reports to the entire NCUA Board. The Executive Director translates NCUA Board policy decisions into workable programs, delegates responsibility for these programs to appropriate staff members, and coordinates the activities of the senior executive staff, which includes: The General Counsel; the Regional Directors; and the Office Directors for the Asset Management and Assistance Center, Chief Economist, Chief Financial Officer, Chief Information Officer, Consumer Protection, Continuity and Security Management, Examination and Insurance, Human Resources, Minority and Women Inclusion, National Examinations and Supervision, Public and Congressional Affairs and Small Credit Union Initiatives. Because of the nature of the attorney/ client relationship between the Board and General Counsel, the General Counsel may be directed by the Board not to disclose discussions and/or assignments with anyone, including the Executive Director. The Executive Director is otherwise to be privy to all matters within senior executive staff's responsibility. The Office of the Executive Director also supervises the agency's ombudsman. The ombudsman investigates complaints and recommends solutions on regulatory issues that cannot be resolved at the regional level. * * * * * (13) Office of Minority and Women Inclusion. The Office of Minority and Women Inclusion (OMWI) was established pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The Director of OMWI reports to the NCUA Chairman. OMWI has the responsibility for all NCUA matters relating to diversity in management, employment, and business activities. Specific duties of the office include developing and implementing standards for: Equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of NCUA; increased participation of minority-owned and women-owned businesses in the programs and contracts of NCUA, including standards for coordinating technical assistance to such businesses; assessing the diversity policies and practices of credit unions regulated by NCUA; and preserving credit unions run [[Page 4577]] by minorities and/or serving minorities. The Director of OMWI also serves as NCUA's Director of Equal Employment Opportunity. * * * * * [FR Doc. 2016-01602 Filed 1-26-16; 8:45 am] BILLING CODE 7535-01-P
![Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 4575
the United States starting on the date agency office functions and Director remained the EEO Director due
five years after January 15, 2021.’’ As responsibilities and will not cause any to a vacancy in the OMWI Director’s
properly reflected in the DATES section substantive changes. position. In July 2015, NCUA hired an
and the regulatory text, the compliance DATES: The final rule is effective on OMWI Director and, accordingly, is
date is January 15, 2021. The erroneous January 27, 2016. transferring the EEO Director
language conflated ‘‘the date five years FOR FURTHER INFORMATION CONTACT: designation to the OMWI Director.
after publication of the final rule’’ with Linda Dent, Associate General Counsel, In implementing federal anti-
an instruction to the Federal Register to or Jacqueline Lussier, Staff Attorney, discrimination laws, the Equal
insert a date five years after date of Office of General Counsel, at 1775 Duke Employment Opportunity Commission
publication of the final rule. This final Street, Alexandria, VA 22314 or requires each executive agency to
rule corrects this error. telephone: (703) 518–6540. designate an EEO Director who ‘‘shall be
under the immediate supervision of the
II. Need for Correction SUPPLEMENTARY INFORMATION:
agency head.’’ 4 This regulatory
As published, the compliance date I. Background and Purpose of the Final Rule requirement does not permit further
reported on page 2321 of the January 15, II. Regulatory Amendments delegation. Accordingly, assigning the
2016 final rule could potentially result III. Regulatory Procedures EEO Director designation to the OMWI
in confusion regarding the date upon I. Background and Purpose of the Final Director necessitates a change in the
which compliance with the amended Rule OMWI Director’s direct reporting line.
energy conservation standards for In addition, other agencies that were
residential boilers is required. Because Why is the NCUA Board issuing this required to establish an OMWI office
this final rule would simply correct the rule? currently have the OMWI Director
erroneous compliance date in this one Office of Minority and Women reporting directly to the agency’s top
location, thereby making it consistent Inclusion. official.5
with the proper compliance date For the reasons discussed above, this
reported at other places in the final rule, The NCUA Board (Board) is issuing
final rule amends the description of
the change addressed in this document this rule to accurately reflect the
OMWI to reflect the transfer of the
is technical in nature. functions and responsibilities of the
designation of Director of EEO to the
Office of Minority and Women
Correction OMWI Director. This rule change also
Inclusion (OMWI) and the direct
amends the description of OMWI to
In final rule FR Doc. 2016–00025, reporting line for its director.
The Dodd-Frank Wall Street Reform reflect that the OMWI Director reports
appearing on page 2319 in the issue of directly to the NCUA Chairman.
Friday, January 15, 2016, the following and Consumer Protection Act of 2010
correction should be made: (Dodd-Frank Act) 1 required several Office of the Executive Director
On page 2321, third column, second agencies to establish OMWI offices with
This final rule amends the description
paragraph, the last sentence is corrected each OMWI Director appointed by and of the Office of the Executive Director to
to read as follows: reporting to ‘‘the agency
delete the statement that the Executive
These standards apply to all administrator.’’ 2 The Dodd-Frank Act
Director serves as the Director of EEO
residential boilers listed in Table I.1 and defines the term ‘‘agency administrator’’
because this designation has transferred
Table I.2 and manufactured in, or as ‘‘the head of an agency.’’ 3 NCUA’s
to the Director of OMWI.
imported into, the United States starting Office of General Counsel determined
In addition, the list of offices in the
on January 15, 2021. that at NCUA, the Chairman is the
description that are coordinated by the
Issued in Washington, DC on January 21, ‘‘agency administrator’’ or the head of
Executive Director is outdated. This
2016. the agency for reporting purposes.
final rule amends the description to
Kathleen B. Hogan, Additionally, pursuant to delegated
update the list of offices currently
Deputy Assistant Secretary for Energy authorities, the Executive Director could
coordinated by the Executive Director.
Efficiency, Energy Efficiency and Renewable serve as the reporting conduit to the
This rule change reflects all current
Energy. Chairman.
offices within NCUA’s organizational
[FR Doc. 2016–01655 Filed 1–26–16; 8:45 am] In 2011, the Board appointed an
structure.
OMWI Director who began reporting to
BILLING CODE 6450–01–P To effect these changes, the Board is
the Executive Director under delegated
making two conforming technical
Board authority. The Dodd-Frank Act
amendments to part 790, as described in
NATIONAL CREDIT UNION does not prohibit this delegation.
section II.
ADMINISTRATION Subsequently, in November 2013, the
Board added the equal employment II. Regulatory Amendments
12 CFR Part 790 opportunity (EEO) program to OMWI’s
Part 790—Changes to NCUA’s Central
functions, removing the program from
RIN 3133–AE57 Office Structure
the Office of the Executive Director. The
Board regarded the realignment as As discussed above, the Board is
Technical Amendments
strengthening OMWI’s compliance with amending part 790 of NCUA’s
AGENCY: National Credit Union Dodd-Frank Act requirements regulations to conform it to NCUA’s
Administration (NCUA). concerning equal employment current central office structure.
asabaliauskas on DSK5VPTVN1PROD with RULES
ACTION: Final rule. opportunity and diversity of the agency
workforce and senior management. 4 29CFR 1614.102(b)(4) (emphasis added).
SUMMARY: The NCUA Board is amending NCUA implemented the realignment 5 OMWI Directors report to the Comptroller of the
the section of NCUA’s regulations in January 2014, but the Executive Currency, the Consumer Financial Protection
addressing the description of NCUA to Bureau Director, the Federal Deposit Insurance
Corporation Chairman, the Federal Housing
make minor, non-substantive technical 1 12 U.S.C. 5452.
Finance Agency Director, the Federal Reserve Board
corrections. The technical amendments 2 Id. at Section 5452(b)(1).
Chairman, and the Securities and Exchange
update the regulations to reflect current 3 Id. at Section 5452(g)(2). Commission Chairman.
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![Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Rules and Regulations 4577
by minorities and/or serving minorities. Privacy: The FAA will post all behalf of Dassault Aviation, applied for
The Director of OMWI also serves as comments it receives, without change, a design change to type certificate no.
NCUA’s Director of Equal Employment to http://www.regulations.gov/, A50NM to install the Elbit Systems
Opportunity. including any personal information the head-up display, which is an enhanced-
* * * * * commenter provides. Using the search flight vision system (EFVS) and
[FR Doc. 2016–01602 Filed 1–26–16; 8:45 am] function of the docket Web site, anyone synthetic vision system (SVS). The
BILLING CODE 7535–01–P can find and read the electronic form of change includes the display of a vision-
all comments received into any FAA system video on the HUD.
docket, including the name of the Video display on the HUD constitutes
individual sending the comment (or new and unusual technology for which
DEPARTMENT OF TRANSPORTATION
signing the comment for an association, the FAA has no certification criteria.
Federal Aviation Administration business, labor union, etc.). DOT’s Title 14, Code of Federal Regulations
complete Privacy Act Statement can be (14 CFR) 25.773 does not permit visual
14 CFR Part 25 found in the Federal Register published distortions and reflections in the pilot’s
on April 11, 2000 (65 FR 19477–19478), view out the airplane windshield that
[Docket No. FAA–2015–5878; Special as well as at http://DocketsInfo.dot.gov/. could interfere with the pilot’s normal
Conditions No. 25–608–SC] Docket: Background documents or duties, and was not written in
comments received may be read at anticipation of such technology. Special
Special Conditions: Dassault Aviation,
http://www.regulations.gov/ at any time. conditions are therefore issued as
Model Falcon 2000EX Airplanes, Head-
Follow the online instructions for prescribed under the provisions of
Up Display (HUD) With Vision-System
accessing the docket or go to Docket § 21.16.
Video Operations in Room W12–140 of the
Type Certification Basis
AGENCY: Federal Aviation West Building Ground Floor at 1200
Administration (FAA), DOT. New Jersey Avenue SE., Washington, Under the provisions of 14 CFR
DC, between 9 a.m. and 5 p.m., Monday 21.101, Dassault Aviation must show
ACTION: Final special conditions; request
through Friday, except Federal holidays. that the Model Falcon 2000EX airplane,
for comments. as changed, continues to meet the
FOR FURTHER INFORMATION CONTACT: Dale
SUMMARY: These special conditions are Dunford, FAA, Airplane and Flightcrew applicable provisions of the regulations
issued for Dassault Aviation Model Interface, ANM–111, Transport Airplane listed in type certificate no. A50NM, or
Falcon 2000EX airplanes. This airplane Directorate, Aircraft Certification the applicable regulations in effect on
will have a novel or unusual design Service, 1601 Lind Avenue SW., the date of application for the change,
feature associated with a vision system Renton, Washington 98057–3356; except for earlier amendments as agreed
that displays video imagery on the head- telephone 425–227–2239; facsimile upon by the FAA. The regulations listed
up display (HUD). The applicable 425–227–1100. in the type certificate are commonly
airworthiness regulations do not contain SUPPLEMENTARY INFORMATION: The FAA
referred to as the ‘‘original type
adequate or appropriate safety standards has determined that notice of, and certification basis.’’ The regulations
for this design feature. These special opportunity for prior public comment listed in type certificate no. A50NM are
conditions contain the additional safety on, these special conditions are as follows:
standards that the Administrator 14 CFR part 25, effective February 1,
impracticable because these procedures
considers necessary to establish a level would significantly delay issuance of 1965, including the latest applicable
of safety equivalent to that established the design approval and thus delivery of requirements of Amendments 25–1
by the existing airworthiness standards. the affected airplane. In addition, the through 25–98. In addition, the
substance of these special conditions certification basis includes certain
DATES: This action is effective on special conditions, exemptions, or later
Dassault Aviation on January 27, 2016. has been subject to the public-comment
process in several prior instances with amended sections of the applicable part
We must receive your comments by that are not relevant to these special
March 14, 2016. no substantive comments received. The
FAA therefore finds that good cause conditions.
ADDRESSES: Send comments identified If the Administrator finds that the
exists for making these special
by docket number FAA–2015–5878 applicable airworthiness regulations
conditions effective upon publication in
using any of the following methods: (i.e., 14 CFR part 25) do not contain
the Federal Register.
• Federal eRegulations Portal: Go to adequate or appropriate safety standards
http://www.regulations.gov/ and follow Comments Invited for the Model Falcon 2000EX airplane
the online instructions for sending your We invite interested people to take because of a novel or unusual design
comments electronically. part in this rulemaking by sending feature, special conditions are
• Mail: Send comments to Docket written comments, data, or views. The prescribed under the provisions of
Operations, M–30, U.S. Department of most helpful comments reference a § 21.16.
Transportation (DOT), 1200 New Jersey specific portion of the special Special conditions are initially
Avenue SE., Room W12–140, West conditions, explain the reason for any applicable to the model for which they
Building Ground Floor, Washington, DC recommended change, and include are issued. Should the type certificate
20590–0001. supporting data. for that model be amended later to
• Hand Delivery or Courier: Take We will consider all comments we include any other model that
asabaliauskas on DSK5VPTVN1PROD with RULES
comments to Docket Operations in receive by the closing date for incorporates the same novel or unusual
Room W12–140 of the West Building comments. We may change these special design feature, or should any other
Ground Floor at 1200 New Jersey conditions based on the comments we model already included on the same
Avenue SE., Washington, DC, between 9 receive. type certificate be modified to
a.m. and 5 p.m., Monday through incorporate the same novel or unusual
Friday, except Federal holidays. Background design feature, these special conditions
• Fax: Fax comments to Docket On September 24, 2012, the European would also apply to the other model
Operations at 202–493–2251. Aviation Safety Agency (EASA), on under § 21.101.
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Document Created: 2018-02-02 12:39:50
Document Modified: 2018-02-02 12:39:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The final rule is effective on January 27, 2016. | |
| Contact | Linda Dent, Associate General Counsel, or Jacqueline Lussier, Staff Attorney, Office of General Counsel, at 1775 Duke Street, Alexandria, VA 22314 or telephone: (703) 518-6540. | |
| FR Citation | 81 FR 4575 | |
| RIN Number | 3133-AE57 |
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