[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Rules and Regulations]
[Pages 64266-64267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31716]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 791


Rules of NCUA Board Procedure; Promulgation of NCUA Rules and 
Regulations; Public Observation of NCUA Board Meetings

AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule.

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SUMMARY: The NCUA Board amends its rules to revise and clarify Board 
procedures relating to procedural rulings, notation voting, Board 
meetings, and the agenda. This amendment more clearly defines the 
procedures that are to be followed when a Board member appeals a 
procedural

[[Page 64267]]

ruling and when matters are submitted to the Board for notation vote. 
Further, this amendment sets forth the authority of Board members to 
call a special meeting and place items on a regular meeting agenda.

DATES: Effective on December 5, 1997.

ADDRESSES: National Credit Union Administration, 1775 Duke Street, 
Alexandria, Virginia 22314-3428.

FOR FURTHER INFORMATION CONTACT: Robert M. Fenner, General Counsel, 
Office of the General Counsel, at the above address or telephone (703) 
518-6540. E-mail questions may be sent to [email protected].

SUPPLEMENTARY INFORMATION: Part 791 of NCUA Rules and Regulations (12 
CFR part 791) governs the manner in which the Board conducts NCUA 
business; appeal of a procedural ruling, the use of notation votes, the 
recording of Board actions, and the scheduling and subject matter of 
Board meetings. At this time, Sec. 791.4 is amended to provide that any 
Board member may appeal a procedural ruling, and that the Board 
member's appeal must be considered immediately by the Board.
    In addition, Sec. 791.4 is amended to provide that, for every 
matter submitted for a notation vote, a written memorandum and voting 
sheet is to be circulated to the office of each Board member 
simultaneously. Thus, the office of each Board member receives notice 
of matters for notation voting at the same time. Further, the rule is 
amended to specify that, if a Board member vetoes the use of notation 
voting for a particular matter, the matter must be placed on the agenda 
of the next regularly scheduled Board meeting that is to be held at 
least 10 days after the date of the veto.
    Section 791.5 is amended to specify that a special meeting shall be 
called by the Chairman on the Chairman's own initiative or within 
fourteen days of a request from two Board members. The request must be 
made by submitting an NCUA B-1 form and Board Action Memorandum stating 
the specific action being recommended to the Board.
    Section 791.6 is amended to establish that, although the Chairman 
determines the order of and the items to be placed on the agenda, any 
Board member may have an item placed on the agenda of the next 
regularly scheduled Board meeting. The request must be submitted at 
least ten days in advance of the next regularly scheduled meeting and 
accompanied by an NCUA B-1 form and a Board Action Memorandum that 
states the specific action being recommended to the Board.

Immediate Effective Date

    Because these amendments concern the rules of NCUA Board procedure, 
prior notice and comment are not required by 5 U.S.C. 553. These 
amendments are effective upon publication in the Federal Register.

Regulatory Procedures

Regulatory Flexibility Act

    NCUA certifies that part 791 will not have a significant impact on 
a substantial number of small credit unions. Accordingly, a regulatory 
flexibility analysis is not required. The rule affects internal NCUA 
Board operations only. Thus, it will not result in any additional 
burden for regulated institutions. The purpose of the rule is to 
enhance the operations of the NCUA Board.

Paperwork Reduction Act

    The amendments to the rule do not contain any collection of 
information requirements pursuant to the Paperwork Reduction Act of 
1995 and regulations of the Office of Management and Budget.

Executive Order 12612

    Part 791 only applies to NCUA and the NCUA Board. Accordingly, NCUA 
has determined that the rule will not have a substantial impact on the 
states or state interests. Further, the rule will not preempt 
provisions of state law or regulations.

List of Subjects in 12 CFR Part 791

    Administrative practice and procedure, Sunshine Act.

    By the National Credit Union Administration Board on November 
24, 1997.
Becky Baker,
Secretary to the Board.

    Accordingly, NCUA amends 12 CFR part 791 as follows:

PART 791--RULES OF NCUA BOARD PROCEDURE; PROMULGATION OF NCUA RULES 
AND REGULATIONS; PUBLIC OBSERVATION OF NCUA BOARD MEETINGS

    1. The authority citation for part 791 continues to read as 
follows:

    Authority: 12 U.S.C. 1766, 1789 and 5 U.S.C. 552b.

    2. Section 791.4 is amended by revising paragraphs (a)(2), (b) 
introductory text and (b)(3) to read as follows:


Sec. 791.4  Methods of acting.

    (a) * * *
    (2) Presiding officer. The Chairman is the presiding officer, and 
in the Chairman's absence, the designated Vice Chairman shall preside. 
The presiding officer shall make procedural rulings. Any Board member 
may appeal a ruling made by the presiding officer. The appeal of a 
procedural ruling by the presiding officer shall be immediately 
considered by the Board, and a majority decision by the Board shall 
decide the procedural ruling.
    (b) Notation voting. Notation voting is the circulation of written 
memoranda and voting sheets to the office of each Board member 
simultaneously and the tabulation of responses.
* * * * *
    (3) Veto of notation voting. In view of public policy for openness 
reflected in the Sunshine Act, each Board member is authorized to veto 
the use of notation voting for the consideration of any particular 
matter, and thus require that the matter be placed on the agenda of the 
next regularly scheduled Board meeting that is held at least ten days 
after the date of the veto.
* * * * *
    3. Section 791.5 is amended by revising paragraph (a)(2) to read as 
follows:


Sec. 791.5  Scheduling of board meetings.

    (a) * * *
    (2) Special meetings. The Chairman shall call special meetings 
either on the Chairman's own initiative or within fourteen days of a 
request from two Board members that is accompanied by an NCUA B-1 form 
and a Board Action Memorandum that states the specific action being 
recommended to the Board.
* * * * *
    4. Section 791.6 is amended by revising paragraph (a) to read as 
follows:


Sec. 791.6  Subject matter of a meeting.

    (a) Agenda. The Chairman is responsible for the final order of each 
meeting agenda. Items shall be placed on the agenda by determination of 
the Chairman or, at the request of any Board Member, an item will be 
placed on the agenda of the next regularly scheduled meeting provided 
that the request is submitted at least ten days in advance of the next 
regularly scheduled meeting and is accompanied by an NCUA B-1 form and 
a Board Action Memorandum that states the specific action being 
recommended to the Board.
* * * * *
[FR Doc. 97-31716 Filed 12-4-97; 8:45 am]
BILLING CODE 7535-01-P