[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Proposed Rules]
[Pages 59742-59743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29196]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 63, No. 214 / Thursday, November 5, 1998 / 
Proposed Rules  

[[Page 59742]]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 701


Organization and Operations of Federal Credit Unions

AGENCY: National Credit Union Administration (NCUA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The NCUA Board proposes to amend its regulation dealing with 
newly chartered and troubled credit unions that requires prior notice 
of the appointment or employment of directors and senior officers. The 
proposed amendment clarifies when the notice period commences and when 
the new director or senior officer may begin service. This action is in 
accordance with section 914 of the Financial Institutions Reform, 
Recovery , and Enforcement Act (FIRREA) of 1989.
    Additionally, the NCUA Board has adopted a new rating system for 
corporate credit unions, the Corporate Risk Information System (CRIS). 
The proposed amendment clarifies that the definition of a ``troubled'' 
corporate credit union will be based on CRIS, or on CAMEL for those 
state-chartered corporate credit unions in states that do not adopt 
CRIS. Clarification is also added to reflect that corporate credit 
unions should submit notices of changes in officials or senior 
management to the Director of the Office of Corporate Credit Unions.

DATES: Comments must be received on or before February 3, 1999.

ADDRESSES: Direct comments to Becky Baker, Secretary of the Board. Mail 
or hand-deliver comments to: National Credit Union Administration, 1775 
Duke Street, Alexandria, Virginia 22314-3428. Fax comments to (703) 
518-6319. Please send comments by one method only.

FOR FURTHER INFORMATION CONTACT: Margaret E. McPartlin, Trial Attorney, 
Litigation Division, Office of General Counsel, at the above address or 
telephone: (703) 518-6566 or David A. Shetler, Corporate Program 
Specialist, Office of Corporate Credit Unions, at the above address or 
telephone: (703) 518-6646.

SUPPLEMENTARY INFORMATION:

Background

    NCUA has a policy of periodically reviewing its regulations to 
``update, clarify and simplify existing regulations and eliminate 
redundant and unnecessary provisions.''
    IRPS 87-2, Developing and Reviewing Government Regulations. 52 FR 
35231 (September 18, 1987). As part of its regulatory review program, 
NCUA reviewed Sec. 701.14 of its regulation, 12 CFR 701.14, to 
determine whether the language of the regulation was clear and 
effective. Section 701.14 of NCUA's Regulations requires that federally 
insured credit unions which have been chartered less than two years or 
fall within the regulatory definition of a ``troubled credit union,'' 
file a notice with NCUA prior to adding or replacing a member of the 
board of directors or a committee member, or employing or changing the 
responsibilities of an individual to a position as a senior executive 
officer. As a result of NCUA review and questions from credit unions, 
as well as our regional office staff, the Board proposes this amendment 
to clarify the language contained in Sec. 701.14(d)(1).
    There has been confusion as to when the Regional Director accepts 
the notice of a proposed change in an official or senior officer; how 
long the Regional Office has to process the notice; and when the 
official or senior officer may commence work. The proposed amendment 
clarifies the language in Sec. 701.14(d)(1) to provide that the 
Regional Director will determine when the notice is complete. The 
proposal would provide the Regional Director with up to ten working 
days to make this determination. The Regional Director can ask for 
additional information if a notice is incomplete. Once the Regional 
Director has a complete notice, the credit union will receive written 
notification that the complete notice is ready for processing. The 
Regional Director then has up to 30 calendar days to issue a decision 
approving or disapproving the proposed official or senior officer. If 
after the expiration of the 30 days the Regional Director has not 
issued written notification of approval or disapproval, the official or 
senior officer is considered approved and service may begin.
    The NCUA Board has adopted the new CRIS rating system for corporate 
credit unions. The proposed amendment clarifies that a CRIS rating of 4 
or 5 will be one of the conditions that defines a ``troubled'' federal 
corporate credit union. As is the case for all federally insured state 
credit unions in the present rule, the rating assigned by the state 
supervisor is utilized in determining the definition of a ``troubled'' 
federally insured, state-chartered corporate credit union. Language is 
added to clarify that a 4 or 5 CAMEL composite rating by the state 
supervisor will be a condition that defines a ``troubled'' federally 
insured, state-chartered corporate credit union, unless that state has 
adopted the CRIS system. If the state has not adopted either system, 
NCUA will determine and apply a CRIS rating using the corporate credit 
union's core exam workpapers.
    The existing language of Sec. 701.14 does not indicate that 
corporate credit unions should submit notices of changes in officials 
or senior management to the Director of the Office of Corporate Credit 
Unions (OCCU). Language has been added to the proposed amendment to 
clarify that corporate credit unions will submit notices to the 
Director of OCCU and that the Director of OCCU will be the NCUA 
official that takes action on such notices.

Regulatory Procedures

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires NCUA to prepare an analysis 
to describe any significant economic impact any proposed regulation may 
have on a substantial number of small entities (primarily those under 
$1 million in assets). The NCUA Board has determined and certifies that 
the proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small credit unions. Accordingly, the 
Board has determined that a Regulatory Flexibility Analysis is not 
required.

Paperwork Reduction Act

    NCUA has determined that the proposed rule does not increase 
paperwork requirements under the

[[Page 59743]]

Paperwork Reduction Act of 1995 and regulations of the Office of 
Management and Budget.

Executive Order 12612

    Executive Order 12612 requires NCUA to consider the effect of its 
actions on state interests. NCUA has determined that the proposed 
amendment does not constitute a significant regulatory action for the 
purposes of the Executive Order.

List of Subjects in 12 CFR Part 701

    Credit unions, Senior executive officials.

    By the National Credit Union Administration Board on October 26, 
1998.
Becky Baker,
Secretary of the Board.

    For the reasons set forth in the preamble, it is proposed that 12 
CFR part 701 be amended as follows:

PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS

    1. The authority citation for part 701 continues to read as 
follows:

    Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a, 
1761b, 1766, 1767, 1782, 1784, 1787, and 1789. Section 701.6 is also 
authorized by 31 U.S.C. 3717. Section 701.31 is also authorized by 
15 U.S.C. 1601 et seq., 42 U.S.C. 1861 and 42 U.S.C. 3601-3610. 
Section 701.35 is also authorized by 42 U.S.C. 4311-4312.

    2. Section 701.14 is amended as follows:
    a. Revise the introductory text of paragraph (b)(3) and add 
paragraph (b)(4).
    b. Revise paragraph (c)(2).
    c. Amend paragraph (d)(1) by adding two new sentences after the 
first sentence and by removing the last three sentences and adding five 
sentences.
    The revisions and additions to Sec. 701.14 read as follows:


Sec. 701.14  Change in official or senior executive officer in credit 
unions that are newly chartered or are in troubled condition.

* * * * *
    (b) * * *
    (3) Except as provided in paragraph (4) of this section for 
corporate credit unions, ``troubled condition'' means any insured 
credit union that has one or a combination of the following conditions:
* * * * *
    (4) In the case of a corporate credit union, troubled condition 
means any insured corporate credit union that has one or a combination 
of the following conditions:
    (i) Has been assigned:
    (A) A 4 or 5 Corporate Risk Information System (CRIS) rating in 
either the Financial Risk or Risk Management composites by NCUA for a 
federal corporate credit union, or
    (B) An equivalent 4 or 5 CAMEL composite rating by the state 
supervisor in the case of a federally insured, state-chartered 
corporate credit union, or an equivalent 4 or 5 CRIS rating in either 
the Financial Risk or Risk Management composites by the state 
supervisor in the case of a federally insured, state-chartered 
corporate credit union in those states that have adopted the CRIS 
system, or
    (C) A 4 or 5 CRIS rating in either the Financial Risk or Risk 
Management composites by NCUA based on core workpapers received from 
the state supervisor in the case of a federally insured, state-
chartered credit union in a state that does not use either the CAMEL or 
CRIS systems. In this case, the state supervisor will be notified in 
writing by the Director of the Office of Corporate Credit Unions that 
the corporate credit union has been designated by NCUA as a troubled 
institution;
* * * * *
    (c) * * *
    (2) The credit union meets the definition of troubled condition as 
set forth in paragraph (b) (3) or (4) of this section.
* * * * *
    (d) Procedures for notice of proposed change in official or senior 
executive officer.--(1) Filing and acceptance. * * * In the case of a 
corporate credit union, notice shall be filed with the Director of the 
Office of Corporate Credit Unions. Additional references herein to 
Regional Director will, for corporate credit unions, mean the Director 
of the Office of Corporate Credit Unions. * * * Within ten business 
days the Regional Director will review the notice and determine whether 
the notice is complete. If the notice is not complete, the Regional 
Director can request additional information. The credit union will 
receive written notification of the date that the notice is deemed 
complete and ready for processing. Within 30 calendar days from the 
date a notice is deemed complete, the Regional Director will send a 
written notification to the individual and the credit union of 
disapproval or approval of the proposed official or employee. If the 
Regional Director fails to issue a written notification within 30 
calendar days, the individual is considered approved and service may 
begin.
* * * * *
[FR Doc. 98-29196 Filed 11-4-98; 8:45 am]
BILLING CODE 7535-01-U