[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Rules and Regulations]
[Pages 62875-62876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17835]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 208 / Friday, October 27, 2006 / 
Rules and Regulations  

[[Page 62875]]



NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 701

RIN 3133-AD30


General Lending Maturity Limit and Other Financial Services

AGENCY: National Credit Union Administration (NCUA).

ACTION: Interim final rule with request for comments.

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SUMMARY: NCUA is amending its rules to implement amendments to the 
Federal Credit Union Act (FCU Act) made by the Financial Services 
Regulatory Relief Act of 2006 (Reg Relief Act). The interim final rule 
revises the maturity limit in the general lending rule and permits 
Federal credit unions to provide certain, limited financial services to 
nonmembers within their fields of membership.

DATES: This interim final rule is effective October 27, 2006. Comments 
must be received by NCUA on or before December 26, 2006.

ADDRESSES: You may submit comments by any of the following methods 
(Please send comments by one method only):
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     NCUA Web Site: http://www.ncua.gov/RegulationsOpinionsLaws/proposed_regs/proposed_regs.html. Follow the 
instructions for submitting comments.
     E-mail: Address to [email protected]. Include ``[Your 
name] Comments on Interim Final Rule--Part 701'' in the e-mail subject 
line.
     Fax: (703) 518-6319. Use the subject line described above 
for e-mail.
     Mail: Address to Mary Rupp, Secretary of the Board, 
National Credit Union Administration, 1775 Duke Street, Alexandria, 
Virginia 22314-3428.
     Hand Delivery/Courier: Same as mail address.

FOR FURTHER INFORMATION CONTACT: Moisette Green, Staff Attorney, Office 
of General Counsel, at the above address or telephone: (703) 518-6540.

SUPPLEMENTARY INFORMATION:

A. General Lending Maturity Limit

    The Financial Services Regulatory Relief Act of 2006, Public Law 
109-351, amended the general lending maturity limit in section 107(5) 
of the FCU Act from 12 years to 15 years. 12 U.S.C. 1757(5). This 
interim final rule amends the provision in NCUA's general lending 
regulation, 12 CFR 701.21(c)(4), which addresses the loan maturity 
limit. The Board is revising the lending rule to reflect the statutory 
change in the maturity limit. Residential real estate loans and mobile 
home loans are subject to separate maturity limits. 12 U.S.C. 
1757(5)(A)(i), (ii); 12 CFR 701.21(f), (g).
    NCUA recognizes the prompt corrective action rule has references to 
the 12-year loan term in the alternative risk-based net worth 
calculation. 12 CFR 702.107. NCUA staff will evaluate if this 
calculation will change as a result of the statutory amendments to the 
general maturity limit and address necessary changes in a future 
rulemaking.

B. Financial Services to Persons Within the Field of Membership

    The Reg Relief Act also relieved a longstanding limitation on FCUs 
regarding financial services to nonmembers. In 1959, Congress 
established section 107(12) of the FCU Act, which authorized FCUs to 
cash checks and money orders for FCU members. Sec. 8, Public Law 86-
354, 73 Stat. 631 (1959). The Garn-St. Germain Depository Institutions 
Act of 1982 further amended section 107(12) of the FCU Act to authorize 
FCUs to sell negotiable checks, money orders, and other similar money 
transfer instruments to FCU members. Sec. 518, Public Law 97-320, 96 
Stat. 1530 (1982). At that time, Congress recognized the law did not 
permit an FCU to offer wire transfer services or other substitutions 
for money orders to its members, and the changes in FCU authority were 
limited to members. S. Rpt. 97-536, p. 68. Therefore, the NCUA Office 
of General Counsel (OGC) strictly interpreted that FCUs could not cash 
checks, sell money orders or other negotiable instruments, or provide 
wire transfers to nonmembers, even if they were within an FCU's field 
of membership, except in narrow circumstances where providing these 
services was incidental to providing an authorized service. See, OGC 
Legal Opinion 02-0250 (February 22, 2002).
    Section 503 of the Reg Relief Act amended the FCU Act to permit 
FCUs to provide certain financial services to persons within their 
fields of membership. Congress intended to allow FCUs ``to sell 
negotiable checks, money orders, and other similar transfer 
instruments, including international and domestic electronic fund 
transfers, to anyone eligible for membership, regardless of their 
membership status.'' S. Rpt. 109-256, p. 5; H. Rpt. 109-356 Part 1, p. 
63. To implement this authority, this interim final rule creates a new 
regulatory section to clarify NCUA's position regarding financial 
services to persons within an FCU's field of membership. Accordingly, 
the Board is issuing a new Sec.  701.30 to implement section 503 of the 
Reg Relief Act.
    When providing financial services to nonmembers, FCUs should be 
mindful that they will have to meet some of the same compliance 
obligations with these transactions as they currently have for similar 
member transactions. FCUs should ensure compliance with the Bank 
Secrecy Act, Public Law 91-508, the Customer Identification Program 
regulation, 31 CFR 103.121, NCUA security rules, 12 CFR part 748, and 
other anti-money laundering requirements when servicing persons who may 
not provide information that would be provided if they applied for 
membership. Additionally, pursuant to the Financial Right to Privacy 
Act, 15 U.S.C. 6801 et seq. and NCUA privacy rules, 12 CFR part 716, 
FCUs must safeguard the private financial information of and provide 
the required privacy notices to nonmembers who purchase or receive 
financial services.

C. Interim Final Rule

    The NCUA Board is issuing this rulemaking as an interim final rule 
because there is a strong public interest in having advantageous and 
consumer-oriented rules that enhance credit union services for members 
and consumers.

[[Page 62876]]

Specifically, permitting FCUs to grant loans with the longer maturity 
will reduce the amount of periodic loan payments for members. The rule 
also allows FCUs to provide limited but necessary financial services to 
persons within their fields of membership who may not otherwise be able 
to obtain these services. Additionally, this interim final rule is 
consistent with statutory amendments in the Reg Relief Act. NCUA also 
finds these reasons are good cause to dispense with the 30-day delayed 
effective date requirement under section 553(d)(3) of the 
Administrative Procedure Act (APA). Accordingly, the Board finds that, 
pursuant to 5 U.S.C. 553(b)(3), notice and public procedures are 
unnecessary and contrary to the public interest; and, pursuant to 5 
U.S.C. 553(d)(3), the rule will be effective upon publication in the 
Federal Register. Although the rule is being issued as an interim final 
rule and is effective upon publication, the Board encourages interested 
parties to submit comments.

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 credit unions, defined as those under ten 
million dollars in assets. This rule only clarifies and improves the 
available services FCUs may provide to their members and persons within 
their fields of membership, without imposing any regulatory burden. The 
interim final amendments would not have a significant economic impact 
on a substantial number of small credit unions, and, therefore, a 
regulatory flexibility analysis is not required.

Paperwork Reduction Act

    NCUA has determined that the interim final rule would not increase 
paperwork requirements under the Paperwork Reduction Act of 1995 and 
regulations of the Office of Management and Budget. 44 U.S.C. 3501 et 
seq.; 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. 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. The interim final rule would not have 
substantial direct effects on the states, on the connection 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 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 interim final rule would not 
affect family well-being within the meaning of section 654 of the 
Treasury and General Government Appropriations Act, 1999, Public Law 
105-277, 112 Stat. 2681 (1998).

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996, 
Public Law 104-121 (SBREFA), 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. NCUA has requested a SBREFA determination from 
the Office of Management and Budget, which is pending. As required by 
SBREFA, NCUA will file the appropriate reports with Congress and the 
General Accounting Office so that the interim rule may be reviewed.

List of Subjects in 12 CFR Part 701

    Check, Check cashing, Credit, Credit unions, Electronic fund 
transfer, Money order, Money transfer.

    By the National Credit Union Administration Board on October 19, 
2006.
Mary F. Rupp,
Secretary of the Board.

0
Accordingly, NCUA amends 12 CFR part 701 as follows:

PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS

0
1. The authority citation for part 701 is revised to read as follows:

    Authority: 12 U.S.C. 1752(5), 1757, 1765, 1766, 1781, 1782, 
1787, 1789; Title V, Pub. L. 109-351; 120 Stat. 1966.


Sec.  701.21  [Amended]

0
2. Section 701.21 is amended by:
0
a. Removing ``may not exceed 12 years'' in the first sentence and 
adding in its place ``may not exceed 15 years'' in paragraph (c)(4).
0
b. Removing the phrase ``12-year'' and adding, in its place, the phrase 
``15-year'' in paragraph (f).

0
3. Section 701.30 is added to read as follows:


Sec.  701.30  Services for nonmembers within the field of membership.

    Federal credit unions may provide the following services to persons 
within their fields of membership, regardless of membership status:
    (a) Selling negotiable checks including travelers checks, money 
orders, and other similar money transfer instruments (including 
international and domestic electronic fund transfers); and
    (b) Cashing checks and money orders and receiving international and 
domestic electronic fund transfers for a fee.

 [FR Doc. E6-17835 Filed 10-26-06; 8:45 am]
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