[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9199-9201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4314]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Parts 701 and 790


Organization and Operations of Federal Credit Unions; Description 
of NCUA

AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule.

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SUMMARY: The National Credit Union Administration (NCUA) Board decided 
to restructure NCUA's regions, effective January 1, 2004, due to 
economic and operational factors. The final rule amends the NCUA's 
regulations to reflect the resulting elimination of one office and the 
relocation of another office. The final rule also amends the office 
description of NCUA's Executive Director to include the delegated 
responsibility of being the NCUA's Director of Equal Employment 
Opportunity (EEO).

[[Page 9200]]


EFFECTIVE DATE: January 1, 2004.

FOR FURTHER INFORMATION CONTACT: Regina Metz, Staff Attorney, Division 
of Operations, Office of General Counsel, (703) 518-6540, National 
Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-
3428.

SUPPLEMENTARY INFORMATION: The NCUA Board is amending parts 701 and 790 
of its regulations, to conform them to the restructuring of NCUA's 
regional office locations. 12 CFR parts 701, 790. The NCUA is 
transitioning from six regional offices to five, and relocating its 
California office to Arizona. The new regional structure is effective 
January 1, 2004, but we note that the Lisle, Illinois office will 
remain open until April 3, 2004. In part 701, the office addresses are 
found in Appendix C to NCUA's Interpretive Ruling and Policy Statement 
(IRPS) 03-1.
    The Board is also amending part 790 to reflect that, while the NCUA 
Board has ultimate responsibility for all equal employment opportunity 
programs within NCUA, the Board has delegated responsibility to NCUA's 
Executive Director to be Director of EEO.

Regulatory Procedures

Final Rule Under the Administrative Procedure Act

    The revisions made to this part are not subject to the notice and 
comment provisions of the Administrative Procedure Act (APA), 5 U.S.C. 
551 et seq. The final rule revisions relate only to matters relating to 
agency management and personnel, topics exempt from APA requirements. 5 
U.S.C. 553(a)(2).

Effective Date

    NCUA also finds good cause to dispense with the 30-day delayed 
effective date requirement under the APA. 5 U.S.C. 553(d)(3). The rule 
relates only to internal agency operations. The rule will, therefore, 
be effective on the day the new regional structure is effective, 
January 1, 2004.

Regulatory Flexibility Act

    An initial regulatory flexibility analysis under the Regulatory 
Flexibility Act is required only when an agency is required to publish 
a general notice of proposed rulemaking for any proposed rule. 5 U.S.C. 
603. As noted previously, NCUA has determined that it is unnecessary to 
publish a notice of proposed rulemaking for this rule. Accordingly, an 
initial regulatory analysis is not required. Moreover, since this final 
rule imposes no new requirements and makes only housekeeping 
amendments, NCUA has determined and certifies that this rule will not 
have any significant economic impact on a substantial number of small 
credit unions (primarily those under $10 million in assets).

Small Business Regulatory Enforcement Fairness Act

    Title II of the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (Pub. L. 104-121) provides, generally, for 
congressional review of agency rules. A reporting requirement is 
triggered in instances where NCUA issues a final rule as defined by 
section 551 of the APA. 5 U.S.C. 551. The Office of Management and 
Budget has reviewed this rule and has determined that for purposes of 
the Small Business Regulatory Enforcement Fairness Act of 1996 it is 
not a major rule.

Paperwork Reduction Act

    NCUA has determined that the final rule does not increase paperwork 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.) and regulations of the Office of Management and Budget.

Executive Order 13132 Statement

    Executive Order 13132 encourages independent regulatory agencies to 
consider the impact of their regulatory actions on State and local 
interests. In adherence to fundamental federalism principles, NCUA, an 
independent regulatory agency as defined in 44 U.S.C. 3502(5), 
voluntarily complies with the Executive Order. NCUA has determined that 
this final rule does not constitute a policy that has federalism 
implications for purposes of the Executive Order.

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

    The 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, Pub. L. 105-277, 112 Stat. 
2681 (1998).

List of Subjects in 12 CFR Parts 701 and 790

    Credit unions.

    By the National Credit Union Administration Board on February 
20, 2004.
Becky Baker,
Secretary of the Board.

0
For the reasons stated in the preamble, NCUA amends 12 CFR chapter VII 
as set forth below:

PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS

0
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, 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 12 U.S.C. 4311-4312.

    Note: The text of the Interpretive Ruling and Policy Statement 
(IRPS 03-1) does not appear in the Code of Federal Regulations.

Sec.  701.1  [Amended]

0
2. In IRPS 03-1 (68 FR 18340, April 15, 2003), Appendix C is revised to 
read as follows:

Appendix C.--NCUA Offices

Central Office

1775 Duke Street
Alexandria, VA 22314-3428

Commercial: 703-518-6300

Region I--Albany

9 Washington Square
Washington Avenue Extension
Albany, NY 12205-5512

Commercial: 518-862-7400
FAX: 518-862-7420

Connecticut                       Maine
Massachusetts                     Michigan
New Hampshire                     New York
Rhode Island                      Vermont
 

Region II--Capital

1775 Duke Street, Suite 4206
Alexandria, VA 22314-3437

Commercial: 703-519-4600
FAX: 703-519-4620

Delaware                          District of Columbia
Maryland                          New Jersey
Pennsylvania                      Virginia
West Virginia
 

Region III--Atlanta

7000 Central Parkway, Suite 1600
Atlanta, GA 30328-4598

Commercial: 678-443-3000
FAX: 678-443-3020

Alabama                           Florida
Georgia                           Indiana
Kentucky                          Mississippi
North Carolina                    Ohio
Puerto Rico                       South Carolina
Tennessee                         Virgin Islands
 

Region IV--Austin

4807 Spicewood Springs Road, Suite 5200
Austin, TX 78759-8490

Commercial: 512-342-5600
FAX: 512-342-5620

Arkansas                          Illinois
Iowa                              Kansas
Louisiana                         Minnesota

[[Page 9201]]

 
Missouri                          Nebraska
North Dakota                      Oklahoma
South Dakota                      Texas
Wisconsin
 

Region V--Tempe

1230 W. Washington Street, Suite 301
Tempe, AZ 85281

Commercial: 602-302-6000
FAX: 602-302-6024

Alaska                            Arizona
American Samoa                    California
Colorado                          Guam
Hawaii                            Idaho
Montana                           Nevada
New Mexico                        Oregon
Utah                              Washington
Wyoming
 


PART 790--DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION

0
3. The authority citation for part 790 continues to read as follows:

    Authority: 12 U.S.C. 1766, 1789, 1795f.


0
4. Amend Sec.  790.2 as follows:
0
a. Revise paragraph (a);
0
b. Add a new sentence at the end of paragraph (b)(6); and
0
c. Revise paragraph (c)(1).


Sec.  790.2  Central and Regional Office Organization.

    (a) General organization. NCUA is composed of the Board with a 
Central Office in Alexandria, Virginia, five Regional Offices, the 
Asset Management and Assistance Center, the Community Development 
Revolving Loan Program, and the NCUA Central Liquidity Facility (CLF).
    (b) * * *
    (6) * * * The Executive Director also serves as the agency's 
Director of Equal Employment Opportunity (EEO).
* * * * *
    (c) Regional Offices.
    (1) NCUA's programs are conducted through five Regional Offices:

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           Region  No.            Area within region    Office address
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I...............................  Connecticut,        9 Washington
                                   Maine,              Square,
                                   Massachusetts,      Washington Avenue
                                   Michigan, New       Extension,
                                   Hampshire,          Albany, NY 12205-
                                   Michigan, New       5512.
                                   Hampshire, New
                                   York, Rhode
                                   Island, Vermont.
II..............................  Delaware, District  1775 Duke Street,
                                   of Columbia,        Suite 4206,
                                   Maryland, New       Alexandria, VA
                                   Jersey,             22314-3437.
                                   Pennsylvania,
                                   Virginia, West
                                   Virginia.
III.............................  Alabama, Florida,   7000 Central
                                   Georgia, Indiana,   Parkway, Suite
                                   Kentucky,           1600, Atlanta, GA
                                   Mississippi,        30328-4598.
                                   North Carolina,
                                   Ohio, Puerto
                                   Rico, South
                                   Carolina,
                                   Tennessee, Virgin
                                   Islands.
IV..............................  Arkansas,           4807 Spicewood
                                   Illinois, Iowa,     Springs Road,
                                   Kansas,             Suite 5200,
                                   Louisiana,          Austin, TX 78759-
                                   Minnesota,          8490.
                                   Missouri,
                                   Nebraska, North
                                   Dakota, Oklahoma,
                                   South Dakota,
                                   Texas, Wisconsin.
V...............................  Alaska, Arizona,    1230 W. Washington
                                   American Samoa,     Street, Suite
                                   California,         301, Tempe, AZ
                                   Colorado, Guam,     85281.
                                   Hawaii, Idaho,
                                   Montana, Nevada,
                                   New Mexico,
                                   Oregon, Utah,
                                   Washington,
                                   Wyoming.
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[FR Doc. 04-4314 Filed 2-26-04; 8:45 am]
BILLING CODE 7533-01-P