82 FR 60290 - Agency Reorganization
NATIONAL CREDIT UNION ADMINISTRATION Federal Register Volume 82, Issue 243 (December 20, 2017)
Federal Register Volume 82, Issue 243 (December 20, 2017)
| Page Range | 60290-60292 | |
| FR Document | 2017-27411 |
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)] [Rules and Regulations] [Pages 60290-60292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27411] ----------------------------------------------------------------------- NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Parts 701, 705, 708a, 708b, and 790 RIN 3133-AE81 Agency Reorganization AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The NCUA Board (``Board'') is issuing a final rule to implement certain features of the NCUA reorganization that the Board announced earlier this year. This rule amends the NCUA's regulations related to the organization of the NCUA's Central Office. DATES: This rule is effective January 6, 2018. FOR FURTHER INFORMATION CONTACT: Elizabeth Wirick, Senior Staff Attorney, [[Page 60291]] Office of General Counsel, 1775 Duke Street, Alexandria, VA 22314 or telephone (703) 518-6540. SUPPLEMENTARY INFORMATION: I. Background In July 2017, the Board announced a plan to streamline and consolidate certain of the NCUA's functions and offices in an effort to reduce the NCUA's budget and increase efficiency. The portions of the Board's reorganization plan reflected in this rule will:Eliminate the Office of Small Credit Union Initiatives; Rename the Office of Consumer Financial Protection and Access the ``Office of Consumer Financial Protection;'' and Create a new office named the ``Office of Credit Union Resources and Expansion'' to absorb: (1) Most of the current functions of the Office of Small Credit Union Initiatives; (2) the federal credit union chartering and field of membership functions of the Office of Consumer Financial Protection; and (3) the minority depository institution preservation program of the Office of Minority and Women Inclusion. Other aspects of the Board's reorganization plan, such as changes affecting the Office of Examination and Insurance, do not require regulatory changes. The rule also makes a technical correction to the definition of ``Regional Director'' in the NCUA's voluntary merger regulation to reflect the fact that the Office of National Examinations and Supervision supervises natural person credit unions with assets of $10 billion or more as well as corporate credit unions. Additionally, the changes articulated in this rulemaking relate only to changes in the organization of the NCUA's Central Office, which become effective January 6, 2018. The two NCUA Regional Offices that are to be eliminated under the reorganization plan will not be closed until December 31, 2018. The Board will issue another rule in 2018 to reflect the reduction in the number of NCUA Regional Offices beginning in 2019. II. Regulatory Procedures 1. Final Rule Under the Administrative Procedure Act (APA) Generally, the APA requires a federal agency to provide the public with notice and an opportunity to comment on agency rulemakings.\1\ This rule is exempt from the APA's notice and comment requirement because it only addresses the NCUA's organization and structure.\2\ --------------------------------------------------------------------------- \1\ 5 U.S.C. 553(b). \2\ Id. (b)(A). --------------------------------------------------------------------------- 2. Effective Date The APA also generally requires publication of a rule in the Federal Register at least 30 days before the effective date of the rule. Agencies can dispense with the 30-day requirement for good cause.\3\ The NCUA finds good cause to dispense with the 30-day effective date requirement, as this rule is technical rather than substantive. The rule will, therefore, be effective January 6, 2018 to coincide with the implementation of the NCUA's reorganization plan. --------------------------------------------------------------------------- \3\ Id. 553(d)(3). --------------------------------------------------------------------------- 3. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act of 1996 \4\ (SBREFA) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where the NCUA issues a final rule as defined by Section 551 of the APA.\5\ As required by SBREFA, the NCUA has submitted this rule to the Office of Management and Budget for it to determine if the final rule is a ``major rule'' for purposes of SBREFA. The NCUA does not believe the rule is major. --------------------------------------------------------------------------- \4\ Public Law 104-121. \5\ 5 U.S.C. 551. --------------------------------------------------------------------------- 4. Regulatory Flexibility Act The Regulatory Flexibility Act requires the NCUA to prepare an analysis of any significant economic impact a regulation may have on a substantial number of small entities (primarily those under $100 million in assets).\6\ This final rule will not have a significant economic impact on small credit unions as it addresses only the NCUA's internal organization. Accordingly, the NCUA certifies the rule will not have a significant economic impact on a substantial number of small credit unions. --------------------------------------------------------------------------- \6\ 5 U.S.C. 603(a). --------------------------------------------------------------------------- 5. 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 increases an existing burden.\7\ For purposes of the PRA, a paperwork burden may take the form of a reporting or recordkeeping requirement, both referred to as information collections. As the final rule simply conforms the NCUA's regulations to reflect its new organizational structure, the NCUA has determined it does not increase paperwork requirements under the PRA. --------------------------------------------------------------------------- \7\ 44 U.S.C. 3507(d); 5 CFR part 1320. --------------------------------------------------------------------------- 6. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. The 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. The final rule does not have substantial direct effects 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. The NCUA has therefore determined that this final rule does not constitute a policy that has federalism implications for purposes of the executive order. 7. Assessment of Federal Regulations and Policies on Families The NCUA has determined that this rule will not affect family well- being within the meaning of Sec. 654 of the Treasury and General Government Appropriations Act, 1999, Public Law 105-277, 112 Stat. 2681 (1998). List of Subjects 12 CFR Part 701 Credit unions, Chartering, Field of membership. 12 CFR Part 705 Credit unions, Grants, Loans, Low-income credit unions, Revolving fund. 12 CFR Part 708a Credit unions, Charter conversions. 12 CFR Part 708b Credit unions, Mergers of credit unions. 12 CFR Part 790 Organization and functions (Government agencies). By the National Credit Union Administration Board on December 14, 2017. Gerard Poliquin, Secretary of the Board. For the reasons discussed above, the National Credit Union Administration amends 12 CFR parts 701, 705, 708a, 708b, and 790 as follows: PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS 0 1. The authority citation for part 701 continues to read as follows: [[Page 60292]] Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1758, 1759, 1761a, 1761b, 1766, 1767, 1782, 1784, 1786, 1787, 1789. Section 701.6 is also authorized by 15 U.S.C. 3717. Section 701.31 is also authorized by 15 U.S.C. 1601 et seq.; 42 U.S.C. 1981 and 3601-3610. Section 701.35 is also authorized by 42 U.S.C. 4311-4312. Appendix B to Part 701 [Amended] 0 2. In appendix B to part 701, remove the term ``Office of Consumer Financial Protection and Access'' wherever it appears and add in its place the term ``Office of Credit Union Resources and Expansion''. PART 705--COMMUNITY DEVELOPMENT REVOLVING LOAN FUND FOR CREDIT UNIONS 0 3. The authority citation for part 705 continues to read as follows: Authority: 12 U.S.C. 1756, 1757, 1766, 1782, 1784, 1785, 1786. 0 4. In Sec. 705.5, in paragraph (d), remove the term ``Office of Small Credit Union Initiatives'' and add in its place the term ``Office of Credit Union Resources and Expansion''. PART 708a--BANK CONVERSIONS AND MERGERS 0 5. The authority citation for part 708a continues to read as follows: Authority: 12 U.S.C. 1766, 1785(b), and 1785(c). 0 6. In Sec. 708a.101, revise the first sentence of the definition of ``Regional Director'' to read as follows: Sec. 708a.101 Definitions. * * * * * Regional Director means either the director for the NCUA Regional Office for the region where a natural person credit union's main office is located or the director of the NCUA's Office of Credit Union Resources and Expansion. * * * * * * * * PART 708b--MERGERS OF FEDERALLY-INSURED CREDIT UNIONS; VOLUNTARY TERMINATION OR CONVERSION OF INSURED STATUS 0 7. The authority citation for part 708b continues to read as follows: Authority: 12 U.S.C. 1752(7), 1766, 1785, 1786, and 1789. 0 8. In Sec. 708b.2, revise the definition of ``Regional Director'' to read as follows: Sec. 708b.2 Definitions. * * * * * Regional Director means either the director for the NCUA Regional Office for the region where a natural person credit union's main office is located or the director of the NCUA's Office of Credit Union Resources and Expansion. For corporate credit unions and natural person credit unions with $10 billion or more in assets, Regional Director means the director of the NCUA's Office of National Examinations and Supervision. * * * * * PART 790--DESCRIPTION OF NCUA; REQUEST FOR AGENCY ACTION 0 9. The authority citation for part 790 continues to read as follows: Authority: 12 U.S.C. 1766, 1789, 1795f. 0 10. In Sec. 790.2, revise the second sentence of paragraph (b)(6), paragraph (b)(12), the third sentence of paragraph (b)(13), and paragraph (b)(15) to read as follows: Sec. 790.2 Central and field office organization. * * * * * (b) * * * (6) * * * The Executive Director translates the 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 Financial Protection, Continuity and Security Management, Credit Union Resources and Expansion, Examination and Insurance, Human Resources, Minority and Women Inclusion, National Examinations and Supervision, and Public and Congressional Affairs. * * * * * * * * (12) Credit Union Resources and Expansion. This Office is responsible for coordinating NCUA policy and actions related to credit union chartering and field of membership, low income designation, and preserving credit unions run by minorities and/or serving minorities. The Office administers the Community Development Revolving Loan Program for Credit Unions (Program). This Program is funded from congressional appropriations and serves as a source of financial support, in the form of technical assistance grants and loans to low-income credit unions serving predominantly low-income members. The Program is governed by part 705 of subchapter A of this chapter. * * * * * (13) Office of Minority and Women Inclusion. * * * 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 the NCUA; increased participation of minority-owned and women-owned businesses in the programs and contracts of the NCUA, including standards for coordinating technical assistance to such businesses; and assessing the diversity policies and practices of credit unions regulated by the NCUA. * * * * * * * * (15) Office of Consumer Financial Protection. (i) The Office of Consumer Financial Protection contains two divisions: (A) The Division of Consumer Compliance Policy and Outreach; and (B) The Division of Consumer Affairs; (ii) The Office provides consumer financial services, including consumer education and complaint resolution; establishes, consolidates, and coordinates consumer financial protections within the agency; oversees the agency's fair lending examination program; and acts as the central liaison on consumer financial protection with other federal agencies. * * * * * [FR Doc. 2017-27411 Filed 12-19-17; 8:45 am] BILLING CODE 7535-01-P
![60290 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
insolvency category; 18 months for the voluntarily complies with the executive danger of insolvency’’ to read as
critically undercapitalized category; 36 order. This rulemaking will not have a follows:
months for the significantly substantial direct effect on the states, on
Appendix B to Part 701—Chartering
undercapitalized category; and 15 the connection between the national
and Field of Membership Manual
months for the proposed 208 assistance government and the states, or on the
category. The commenter said that distribution of power and * * * * *
while it ‘‘supports the extensions and responsibilities among the various In danger of insolvency—In making the
additions suggested in the proposed levels of government. The NCUA has determination that a particular credit union
is in danger of insolvency, NCUA will
rule, it is recommended that a holistic therefore determined that this final rule establish that the credit union falls into one
view of look-back and forecast does not constitute a policy that has or more of the following categories:
timeframes is important and suggests federalism implications for purposes of 1. The credit union’s net worth is declining
that standardization of such timeframes the executive order. at a rate that will render it insolvent within
may assist the industry.’’ The Board 30 months. In projecting future net worth,
does not necessarily agree that D. Assessment of Federal Regulations NCUA may rely on data in addition to Call
standardization of timeframes across and Policies on Families Report data. The trend must be supported by
NCUA’s regulations relative to The NCUA has determined that this at least 12 months of historic data.
capitalization and net worth is desirable final rule will not affect family well- 2. The credit union’s net worth is declining
at a rate that will take it under two percent
or would benefit credit unions. Further, being within the meaning of Section 654 (2%) net worth within 18 months. In
the Board believes this comment to of the Treasury and General projecting future net worth, NCUA may rely
beyond the scope of this rulemaking. Government Appropriations Act, on data in addition to Call Report data. The
IV. Regulatory Procedures 1999.13 trend must be supported by at least 12
months of historic data.
A. Regulatory Flexibility Act E. Small Business Regulatory 3. The credit union’s net worth, as self-
Enforcement Fairness Act reported on its Call Report, is significantly
The Regulatory Flexibility Act undercapitalized, and NCUA determines that
requires the NCUA to prepare an The Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. there is no reasonable prospect of the credit
analysis of any significant economic union becoming adequately capitalized in the
impact a regulation may have on a L. 104–121) (SBREFA) provides succeeding 36 months. In making its
substantial number of small entities generally for congressional review of determination on the prospect of achieving
(primarily those under $100 million in agency rules. A reporting requirement is adequate capitalization, NCUA will assume
assets).10 This final rule merely provides triggered in instances where the NCUA that, if adverse economic conditions are
the NCUA greater flexibility to authorize issues a final rule as defined by Section affecting the value of the credit union’s assets
emergency mergers and will not have a 551 of the Administrative Procedure and liabilities, including property values and
Act. The NCUA does not believe this loan delinquencies related to unemployment,
significant economic impact on a these adverse conditions will not further
substantial number of small credit final rule is a ‘‘major rule’’ within the
deteriorate.
unions. Accordingly, the NCUA certifies meaning of the relevant sections of 4. The credit union has been granted or
that the final rule will not have a SBREFA. As required by SBREFA, the received assistance under section 208 of the
significant economic impact on a NCUA has filed the appropriate reports Federal Credit Union Act, 12 U.S.C. 1788, in
substantial number of small credit so that this final rule may be reviewed. the 15 months prior to the Region’s
unions. determination that the credit union is in
List of Subjects in 12 CFR Part 701 danger of insolvency.
B. Paperwork Reduction Act Credit, Credit unions, Reporting and * * * * *
The Paperwork Reduction Act of 1995 recordkeeping requirements. [FR Doc. 2017–27410 Filed 12–19–17; 8:45 am]
(PRA) applies to rulemakings in which By the National Credit Union BILLING CODE 7535–01–P
an agency creates new or amends Administration Board on December 14, 2017.
existing information collection Gerard Poliquin,
requirements.11 For the purpose of the Secretary of the Board.
NATIONAL CREDIT UNION
PRA, an information collection ADMINISTRATION
requirement may take the form of a For the reasons discussed above, the
reporting, recordkeeping, or a third- NCUA Board amends 12 CFR part 701 12 CFR Parts 701, 705, 708a, 708b, and
party disclosure requirement. The final as follows: 790
rule does not contain information RIN 3133–AE81
collection requirements that require PART 701—ORGANIZATION AND
approval by OMB under the PRA.12 The OPERATION OF FEDERAL CREDIT Agency Reorganization
final rule will merely provide the NCUA UNIONS
greater flexibility to authorize AGENCY: National Credit Union
■ 1. The authority citation for part 701 Administration (NCUA).
emergency mergers.
is revised to read as follows: ACTION: Final rule.
C. Executive Order 13132 Authority: 12 U.S.C. 1752(5), 1755, 1756,
1757, 1758, 1759, 1761a, 1761b, 1766, 1767, SUMMARY: The NCUA Board (‘‘Board’’) is
Executive Order 13132 encourages
1782, 1784, 1785, 1786, 1787, 1788, 1789. issuing a final rule to implement certain
independent regulatory agencies to
Section 701.6 is also authorized by 15 U.S.C. features of the NCUA reorganization
consider the impact of their actions on
3717. Section 701.31 is also authorized by 15 that the Board announced earlier this
state and local interests. In adherence to
U.S.C. 1601 et seq.; 42 U.S.C. 1981 and 3601– year. This rule amends the NCUA’s
ethrower on DSK3G9T082PROD with RULES
fundamental federalism principles, the 3610. Section 701.35 is also authorized by 42 regulations related to the organization of
NCUA, an independent regulatory U.S.C. 4311–4312. the NCUA’s Central Office.
agency as defined in 44 U.S.C. 3502(5),
■ 2. In appendix B to part 701, in the DATES: This rule is effective January 6,
10 5U.S.C. 603(a). glossary, revise the definition of ‘‘in 2018.
11 44 U.S.C. 3507(d); 5 CFR part 1320. FOR FURTHER INFORMATION CONTACT:
12 44 U.S.C. chap. 35. 13 Public Law 105–277, 112 Stat. 2681 (1998). Elizabeth Wirick, Senior Staff Attorney,
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![60292 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
Authority: 12 U.S.C. 1752(5), 1755, 1756, for the region where a natural person (13) Office of Minority and Women
1757, 1758, 1759, 1761a, 1761b, 1766, 1767, credit union’s main office is located or Inclusion. * * * Specific duties of the
1782, 1784, 1786, 1787, 1789. Section 701.6 the director of the NCUA’s Office of Office include developing and
is also authorized by 15 U.S.C. 3717. Section
701.31 is also authorized by 15 U.S.C. 1601
Credit Union Resources and Expansion. implementing standards for: Equal
et seq.; 42 U.S.C. 1981 and 3601–3610. For corporate credit unions and natural employment opportunity and the racial,
Section 701.35 is also authorized by 42 person credit unions with $10 billion or ethnic, and gender diversity of the
U.S.C. 4311–4312. more in assets, Regional Director means workforce and senior management of
the director of the NCUA’s Office of the NCUA; increased participation of
Appendix B to Part 701 [Amended]
National Examinations and Supervision. minority-owned and women-owned
■ 2. In appendix B to part 701, remove * * * * * businesses in the programs and
the term ‘‘Office of Consumer Financial contracts of the NCUA, including
Protection and Access’’ wherever it PART 790—DESCRIPTION OF NCUA; standards for coordinating technical
appears and add in its place the term REQUEST FOR AGENCY ACTION assistance to such businesses; and
‘‘Office of Credit Union Resources and assessing the diversity policies and
Expansion’’. ■ 9. The authority citation for part 790 practices of credit unions regulated by
continues to read as follows: the NCUA. * * *
PART 705—COMMUNITY Authority: 12 U.S.C. 1766, 1789, 1795f. * * * * *
DEVELOPMENT REVOLVING LOAN (15) Office of Consumer Financial
FUND FOR CREDIT UNIONS ■ 10. In § 790.2, revise the second
sentence of paragraph (b)(6), paragraph Protection. (i) The Office of Consumer
■ 3. The authority citation for part 705 (b)(12), the third sentence of paragraph Financial Protection contains two
continues to read as follows: (b)(13), and paragraph (b)(15) to read as divisions:
follows: (A) The Division of Consumer
Authority: 12 U.S.C. 1756, 1757, 1766, Compliance Policy and Outreach; and
1782, 1784, 1785, 1786. § 790.2 Central and field office (B) The Division of Consumer Affairs;
■ 4. In § 705.5, in paragraph (d), remove organization. (ii) The Office provides consumer
the term ‘‘Office of Small Credit Union * * * * * financial services, including consumer
Initiatives’’ and add in its place the term (b) * * * education and complaint resolution;
‘‘Office of Credit Union Resources and (6) * * * The Executive Director establishes, consolidates, and
Expansion’’. translates the NCUA Board policy coordinates consumer financial
decisions into workable programs, protections within the agency; oversees
PART 708a—BANK CONVERSIONS delegates responsibility for these the agency’s fair lending examination
AND MERGERS programs to appropriate staff members, program; and acts as the central liaison
and coordinates the activities of the on consumer financial protection with
■ 5. The authority citation for part 708a
senior executive staff, which includes: other federal agencies.
continues to read as follows:
The General Counsel; the Regional * * * * *
Authority: 12 U.S.C. 1766, 1785(b), and Directors; and the Office Directors for
1785(c). [FR Doc. 2017–27411 Filed 12–19–17; 8:45 am]
the Asset Management and Assistance
BILLING CODE 7535–01–P
■ 6. In § 708a.101, revise the first Center, Chief Economist, Chief
sentence of the definition of ‘‘Regional Financial Officer, Chief Information
Director’’ to read as follows: Officer, Consumer Financial Protection,
DEPARTMENT OF TRANSPORTATION
§ 708a.101 Definitions. Continuity and Security Management,
Credit Union Resources and Expansion, Federal Aviation Administration
* * * * * Examination and Insurance, Human
Regional Director means either the
Resources, Minority and Women 14 CFR Part 39
director for the NCUA Regional Office
Inclusion, National Examinations and
for the region where a natural person [Docket No. FAA–2017–0671; Product
Supervision, and Public and
credit union’s main office is located or Identifier 2016–SW–072–AD; Amendment
Congressional Affairs. * * *
the director of the NCUA’s Office of 39–19135; AD 2017–26–04]
Credit Union Resources and * * * * *
(12) Credit Union Resources and RIN 2120–AA64
Expansion. * * *
Expansion. This Office is responsible
* * * * * Airworthiness Directives; Airbus
for coordinating NCUA policy and
actions related to credit union Helicopters (Previously Eurocopter
PART 708b—MERGERS OF France)
FEDERALLY-INSURED CREDIT chartering and field of membership, low
UNIONS; VOLUNTARY TERMINATION income designation, and preserving AGENCY: Federal Aviation
OR CONVERSION OF INSURED credit unions run by minorities and/or Administration (FAA), DOT.
STATUS serving minorities. The Office
ACTION: Final rule.
administers the Community
■ 7. The authority citation for part 708b Development Revolving Loan Program SUMMARY: We are superseding
continues to read as follows: for Credit Unions (Program). This Airworthiness Directive (AD) 2009–25–
Authority: 12 U.S.C. 1752(7), 1766, 1785, Program is funded from congressional 07 for Airbus Helicopters Model
1786, and 1789. appropriations and serves as a source of EC120B helicopters. AD 2009–25–07
financial support, in the form of
ethrower on DSK3G9T082PROD with RULES
■ 8. In § 708b.2, revise the definition of required amending the rotorcraft flight
technical assistance grants and loans to manual supplement (RFMS) and pre-
‘‘Regional Director’’ to read as follows:
low-income credit unions serving flight checking the emergency flotation
§ 708b.2 Definitions. predominantly low-income members. gear before each flight over water. Since
* * * * * The Program is governed by part 705 of we issued AD 2009–25–07, Airbus
Regional Director means either the subchapter A of this chapter. Helicopters developed a terminating
director for the NCUA Regional Office * * * * * action and identified an additional part-
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Document Created: 2018-10-25 10:55:32
Document Modified: 2018-10-25 10:55:32
| 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 | This rule is effective January 6, 2018. | |
| Contact | Elizabeth Wirick, Senior Staff Attorney, Office of General Counsel, 1775 Duke Street, Alexandria, VA 22314 or telephone (703) 518-6540. | |
| FR Citation | 82 FR 60290 | |
| RIN Number | 3133-AE81 | |
| CFR Citation | 12
CFR
701 12 CFR 705 12 CFR 708 | |
| CFR Associated | Credit Unions; Chartering; Field of Membership; Grants; Loans; Low-Income Credit Unions; Revolving Fund; Charter Conversions and Mergers of Credit Unions |
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