[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Rules and Regulations]
[Pages 4575-4577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01602]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 790

RIN 3133-AE57


Technical Amendments

AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule.

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SUMMARY: The NCUA Board is amending the section of NCUA's regulations 
addressing the description of NCUA to make minor, non-substantive 
technical corrections. The technical amendments update the regulations 
to reflect current agency office functions and responsibilities and 
will not cause any substantive changes.

DATES: The final rule is effective on January 27, 2016.

FOR FURTHER INFORMATION CONTACT: Linda Dent, Associate General Counsel, 
or Jacqueline Lussier, Staff Attorney, Office of General Counsel, at 
1775 Duke Street, Alexandria, VA 22314 or telephone: (703) 518-6540.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose of the Final Rule
II. Regulatory Amendments
III. Regulatory Procedures

I. Background and Purpose of the Final Rule

Why is the NCUA Board issuing this rule?

Office of Minority and Women Inclusion.
    The NCUA Board (Board) is issuing this rule to accurately reflect 
the functions and responsibilities of the Office of Minority and Women 
Inclusion (OMWI) and the direct reporting line for its director.
    The Dodd-Frank Wall Street Reform and Consumer Protection Act of 
2010 (Dodd-Frank Act) \1\ required several agencies to establish OMWI 
offices with each OMWI Director appointed by and reporting to ``the 
agency administrator.'' \2\ The Dodd-Frank Act defines the term 
``agency administrator'' as ``the head of an agency.'' \3\ NCUA's 
Office of General Counsel determined that at NCUA, the Chairman is the 
``agency administrator'' or the head of the agency for reporting 
purposes. Additionally, pursuant to delegated authorities, the 
Executive Director could serve as the reporting conduit to the 
Chairman.
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    \1\ 12 U.S.C. 5452.
    \2\ Id. at Section 5452(b)(1).
    \3\ Id. at Section 5452(g)(2).
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    In 2011, the Board appointed an OMWI Director who began reporting 
to the Executive Director under delegated Board authority. The Dodd-
Frank Act does not prohibit this delegation.
    Subsequently, in November 2013, the Board added the equal 
employment opportunity (EEO) program to OMWI's functions, removing the 
program from the Office of the Executive Director. The Board regarded 
the realignment as strengthening OMWI's compliance with Dodd-Frank Act 
requirements concerning equal employment opportunity and diversity of 
the agency workforce and senior management.
    NCUA implemented the realignment in January 2014, but the Executive 
Director remained the EEO Director due to a vacancy in the OMWI 
Director's position. In July 2015, NCUA hired an OMWI Director and, 
accordingly, is transferring the EEO Director designation to the OMWI 
Director.
    In implementing federal anti-discrimination laws, the Equal 
Employment Opportunity Commission requires each executive agency to 
designate an EEO Director who ``shall be under the immediate 
supervision of the agency head.'' \4\ This regulatory requirement does 
not permit further delegation. Accordingly, assigning the EEO Director 
designation to the OMWI Director necessitates a change in the OMWI 
Director's direct reporting line.
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    \4\ 29 CFR 1614.102(b)(4) (emphasis added).
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    In addition, other agencies that were required to establish an OMWI 
office currently have the OMWI Director reporting directly to the 
agency's top official.\5\
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    \5\ OMWI Directors report to the Comptroller of the Currency, 
the Consumer Financial Protection Bureau Director, the Federal 
Deposit Insurance Corporation Chairman, the Federal Housing Finance 
Agency Director, the Federal Reserve Board Chairman, and the 
Securities and Exchange Commission Chairman.
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    For the reasons discussed above, this final rule amends the 
description of OMWI to reflect the transfer of the designation of 
Director of EEO to the OMWI Director. This rule change also amends the 
description of OMWI to reflect that the OMWI Director reports directly 
to the NCUA Chairman.
Office of the Executive Director
    This final rule amends the description of the Office of the 
Executive Director to delete the statement that the Executive Director 
serves as the Director of EEO because this designation has transferred 
to the Director of OMWI.
    In addition, the list of offices in the description that are 
coordinated by the Executive Director is outdated. This final rule 
amends the description to update the list of offices currently 
coordinated by the Executive Director. This rule change reflects all 
current offices within NCUA's organizational structure.
    To effect these changes, the Board is making two conforming 
technical amendments to part 790, as described in section II.

II. Regulatory Amendments

Part 790--Changes to NCUA's Central Office Structure

    As discussed above, the Board is amending part 790 of NCUA's 
regulations to conform it to NCUA's current central office structure.

[[Page 4576]]

Office of Minority and Women Inclusion
    The final rule amends the description of OMWI to reflect that the 
Director of OMWI is the NCUA's Director of EEO. Previously, the 
Executive Director served as the agency's EEO Director. The final rule 
also amends the description to reflect that the Director of OMWI 
reports directly to the NCUA Chairman. Previously, the OMWI Director 
reported to the Executive Director, who in turn reported directly to 
the NCUA Chairman.
Office of the Executive Director
    The final rule amends the description of the Office of the 
Executive Director to delete the statement that the Executive Director 
serves as the Director of EEO because this designation has transferred 
to the Director of OMWI.
    The final rule also amends the list of offices coordinated by the 
Executive Director to reflect NCUA's current organizational structure.

III. 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 entities (primarily those under $100 
million in assets). This final rule only makes non-substantive, 
technical changes. NCUA certifies that these technical amendments will 
not have a significant economic impact on a substantial number of small 
credit unions.

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 modifies an existing burden.\6\ For purposes of the PRA, a 
paperwork burden may take the form of either a reporting or a 
recordkeeping requirement, both referred to as information collections. 
NCUA has determined that the technical amendments in this final rule do 
not increase the paperwork requirements under the PRA or regulations of 
the Office of Management and Budget.
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    \6\ 44 U.S.C. 3507(d); 5 CFR part 1320.
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Executive Order 13132

    Executive Order 13132 encourages independent regulatory agencies to 
consider the impact of their actions on state and local interests. 
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. This final rule will not have a substantial 
direct effect 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. NCUA has 
determined that this final rule does not constitute a policy that has 
federalism implications for purposes of the executive order.

Assessment of Federal Regulations and Policies on Families

    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.\7\
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    \7\ Public Law 105-277, 112 Stat. 2681 (1998).
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Final Rule

    Generally, the Administrative Procedure Act (APA) requires a 
federal agency to provide the public with notice and the opportunity to 
comment on agency rulemakings. The amendments in this rule are non-
substantive and technical, involve only matters relating to agency 
management and personnel and are exempt from APA notice and comment 
requirements.\8\ They reflect changes to NCUA's organizational 
structure. The APA permits an agency to forego the notice and comment 
period under certain circumstances, such as when a rulemaking is 
technical and non-substantive. NCUA finds that, in this instance, 
notice and public comment are unnecessary under section 553(b)(3)(B) of 
the APA.\9\ NCUA also finds good cause to dispense with the 30-day 
delayed effective date requirement under section 553(d)(3) of the 
APA.\10\ The rule, therefore, will be effective immediately upon 
publication.
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    \8\ 5 U.S.C. 553(a)(2) and 553(b)(3)(B).
    \9\ 5 U.S.C. 553(b)(3)(B).
    \10\ 5 U.S.C. 553(d)(3).
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List of Subjects in 12 CFR Part 790

    Organization and functions (Government agencies).

    By the National Credit Union Administration Board on January 21, 
2016.
Gerard Poliquin,
Secretary of the Board.
    For the reasons discussed above, the NCUA Board amends 12 CFR part 
790 as follows:

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

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

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


0
2. In Sec.  790.2, revise paragraphs (b)(6) and (13) to read as 
follows:


Sec.  790.2  Central and field office organization.

* * * * *
    (b) * * *
    (6) Office of the Executive Director. The Executive Director 
reports to the entire NCUA Board. The Executive Director translates 
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 
Protection, Continuity and Security Management, Examination and 
Insurance, Human Resources, Minority and Women Inclusion, National 
Examinations and Supervision, Public and Congressional Affairs and 
Small Credit Union Initiatives. Because of the nature of the attorney/
client relationship between the Board and General Counsel, the General 
Counsel may be directed by the Board not to disclose discussions and/or 
assignments with anyone, including the Executive Director. The 
Executive Director is otherwise to be privy to all matters within 
senior executive staff's responsibility. The Office of the Executive 
Director also supervises the agency's ombudsman. The ombudsman 
investigates complaints and recommends solutions on regulatory issues 
that cannot be resolved at the regional level.
* * * * *
    (13) Office of Minority and Women Inclusion. The Office of Minority 
and Women Inclusion (OMWI) was established pursuant to the Dodd-Frank 
Wall Street Reform and Consumer Protection Act of 2010. The Director of 
OMWI reports to the NCUA Chairman. OMWI has the responsibility for all 
NCUA matters relating to diversity in management, employment, and 
business activities. 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 NCUA; increased participation of minority-owned and 
women-owned businesses in the programs and contracts of NCUA, including 
standards for coordinating technical assistance to such businesses; 
assessing the diversity policies and practices of credit unions 
regulated by NCUA; and preserving credit unions run

[[Page 4577]]

by minorities and/or serving minorities. The Director of OMWI also 
serves as NCUA's Director of Equal Employment Opportunity.
* * * * *
[FR Doc. 2016-01602 Filed 1-26-16; 8:45 am]
 BILLING CODE 7535-01-P