[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Rules and Regulations]
[Pages 1601-1610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27472]


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NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Parts 700, 701, 702, 703, 704, 705, 708a, 708b, 709, 710, 
715, 717, 723, 725, 741, 745, 746, 747, 748, 749, 750, 760, 790, 
791, and 792

RIN 3133-AE61


Technical Amendments

AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule.

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SUMMARY: The NCUA Board (Board) is issuing a final rule to make 
technical amendments to various provisions of the NCUA's regulations. 
These technical amendments correct minor drafting errors and inaccurate 
legal citations and remove unnecessary regulatory provisions no longer 
applicable to federally insured credit unions (FICUs).

DATES: The final rule is effective on February 5, 2019.

FOR FURTHER INFORMATION CONTACT: Benjamin M. Litchfield, Staff 
Attorney, Division of Regulations and Legislation, Office of General 
Counsel, at 1775 Duke Street, Alexandria, VA 22314 or telephone: (703) 
518-6540.

SUPPLEMENTARY INFORMATION:
I. Background
II. Legal Authority
III. Section-by-Section Analysis
IV. Regulatory Procedures

I. Background

    Occasionally, the Board will issue a technical amendments rule 
correcting minor drafting errors, inaccurate legal citations, or 
superfluous regulatory provisions throughout the NCUA's regulations. 
Because these changes are technical in nature, and do not affect FICUs 
in a substantive manner, the Board issues these technical amendments 
rules as final rules without notice and comment typically required by 
the Administrative Procedure Act (APA).\1\ The NCUA's Office of General 
Counsel has identified a number of minor drafting errors and inaccurate 
citations and other technical problems throughout the NCUA's 
regulations for correction. Accordingly, the Board is issuing this 
final rule to address those matters.
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    \1\ 5 U.S.C. 553(b)(A), (B).
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II. Legal Authority

    The Board has the legal authority to issue this final rule pursuant 
to its plenary rulemaking authority under the Federal Credit Union Act 
(FCU Act) \2\ and its specific rulemaking authority under the various 
acts the Board administers.\3\
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    \2\ See 12 U.S.C. 1766, 1789.
    \3\ See e.g., 15 U.S.C. 6801(b) (requiring the NCUA and the 
federal banking agencies to establish standards for the 
administrative, technical, and physical safeguards to protect 
nonpublic personal information).
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III. Section-by-Section Analysis

General Wording, Style, and Cross-Reference Changes

    The final rule makes general wording, style, and cross-reference 
changes throughout the NCUA's regulations. For example, the final rule 
replaces the term ``federally-insured'' with ``federally insured'' 
wherever it appears to promote uniformity. Technical amendments of this 
nature will apply throughout the NCUA's regulations. Therefore, the 
preamble does not address these types of stylistic changes in the 
section-by-section analysis below.

Section 700.2--Definitions

    The final rule amends the definitions listed in Sec.  700.2 of the 
NCUA's regulations. These definitions apply throughout chapter VII of 
title 12 of the Code of Federal Regulations ``unless the context 
indicates otherwise.'' \4\
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    \4\ 12 CFR 700.2.
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    Specifically, the final rule revises the definition of ``Act'' to 
read ``Federal Credit Union Act (12 U.S.C. 1751, et seq.).'' The 
current definition, which reads ``Federal Credit Union Act (73 Stat. 
628, 84 Stat. 944, 12 U.S.C. 1751 through 1790),'' is inaccurate 
because it fails to include Title III of the FCU Act.\5\ The revised 
citation ensures that the definition of ``Act'' covers the entire FCU 
Act.
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    \5\ Public Law 95-630, Tit. XVIII, sec. 1802, 92 Stat. 3641, 
3719 (Nov. 10, 1978) (codified as 12 U.S.C. 1795 through 1795k).
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    The final rule also replaces the term ``Administration'' with 
``NCUA'' to avoid confusion. The term ``Administration'' only appears 
in Sec.  700.2 and one other section of the NCUA's regulations. The 
final rule makes conforming amendments to the definitions of ``Regional 
Director'' and ``Regional Office.''

[[Page 1602]]

    Moreover, the final rule amends the definition of ``credit union'' 
to conform to the definition in the FCU Act.\6\ Because several of the 
NCUA's regulations refer to ``federally insured credit unions,'' 
``insured credit unions,'' or otherwise reference the insured status of 
a credit union, the final rule adds definitions for ``federally insured 
credit union'' and ``noninsured credit union'' to clarify those terms 
where they are not separately defined in specific rules. These 
definitions mirror the definitions of those terms in the FCU Act.\7\
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    \6\ See 12 U.S.C. 1752(6).
    \7\ See 12 U.S.C. 1752(7).
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    Finally, the final rule combines the definitions of ``paid-in and 
unimpaired capital and surplus'' and ``unimpaired capital and surplus'' 
to avoid repetition. Section 700.2 currently defines ``unimpaired 
capital and surplus'' as ``the same as `paid-in and unimpaired capital 
and surplus,' as defined in paragraph (f) of this section.'' The final 
rule replaces these separate definitions with a single definition that 
reads ``paid-in and unimpaired capital and surplus or unimpaired 
capital and surplus.''

Section 701.6--Fees Paid by Federal Credit Unions

    The final rule replaces references to ``the Administration'' with 
``NCUA'' in Sec.  701.6 and simplifies the regulatory text. This 
provision governs the assessment of operating fees on federal credit 
unions (FCUs) and the imposition of administrative fees and interest 
for delinquent payments.\8\ While the final rule modernizes the 
language of this section, the substantive requirements remain the same.
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    \8\ See 12 CFR 701.6(a).
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Appendix B to Part 701--Chartering and Field of Membership Manual

    The final rule makes technical amendments to the Chartering and 
Field of Membership Manual (Chartering Manual). The Board recently 
issued two final rules related to FCU chartering and field of 
membership. The Board published a final rule in the Federal Register on 
December 7, 2016 (``FOM I'') that, in relevant part, expands the 
Chartering Manual's definitions of ``well-defined local community'' and 
``rural district.'' \9\ The Board published a second rule in the 
Federal Register on June 28, 2018 (``FOM II'') that, in relevant part, 
adopts a narrative approach for FCUs seeking to expand or convert to a 
community charter.\10\
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    \9\ ``Chartering and Field of Membership Manual,'' 83 FR 30293 
(June 28, 2018).
    \10\ ``Chartering and Field of Membership Manual,'' 81 FR 88412 
(Dec. 7, 2016).
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    Both of these final rules contain typographical errors in the 
regulatory text including improperly labelled subheadings and 
extraneous punctuation. The final rule corrects those mistakes. 
Furthermore, the final rule reincorporates definitions from FOM I for a 
``well-defined local community'' and ``rural district,'' which were 
inadvertently excluded from the regulatory text of the Chartering 
Manual when FOM II was published.

Part 702--Capital Adequacy

    The final rule removes amendatory instruction 11 from the NCUA's 
risk-based capital rule.\11\ That instruction directs the Federal 
Register to edit a section reference in Sec.  702.504(b)(4) of the 
NCUA's regulations. However, the Board recently removed Sec.  
702.504(b)(4) and redesignated paragraphs (b)(5) and (6) as (b)(4) and 
(5), respectively, as part of the capital planning and stress testing 
rule.\12\ Accordingly, there is no longer a corresponding section 
reference for the Federal Register to amend. To avoid an editorial note 
in Sec.  702.504 highlighting this discrepancy, the final rule 
withdraws instruction 11.
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    \11\ ``Risk-Based Capital,'' 80 FR 66626, 66722 (Oct. 29, 2015).
    \12\ ``Capital Planning and Supervisory Stress Testing,'' 83 FR 
17901 (Apr. 25, 2018).
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Sections 703.2 and 703.8--Investment and Deposit Activities

    The final rule makes technical amendments to Sec. Sec.  703.2 and 
703.8 of the NCUA's regulations to recognize a change in nomenclature. 
On March 19, 2007, the National Association of Securities Dealers, Inc. 
(NASD) consolidated with NYSE Regulation, Inc. to create the Financial 
Industry Regulatory Authority (FINRA), a self-regulatory organization 
charged with policing the conduct of broker-dealers under federal 
securities laws.\13\ Therefore, the final rule replaces references to 
``National Association of Securities Dealers'' with ``Financial 
Industry Regulatory Authority'' and ``NASD'' with ``FINRA'' wherever 
they appear.
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    \13\ See Securities Exchange Act Release No. 34-56145 (July 26, 
2007), 72 FR 42169 (Aug. 1, 2007).
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Part 708a--Bank Conversions and Mergers

    Part 708a contains the NCUA's regulations governing the conversion 
of a FICU into a mutual savings bank and the merger of a FICU into a 
bank. This final rule updates cross-references in the rule to reflect 
the redesignation of sections that are now contained in Subpart A of 
the bank conversions and mergers rule.\14\
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    \14\ See ``Fiduciary Duties at Federal Credit Unions; Mergers 
and Conversions of Insured Credit Unions,'' 75 FR 81378 (Dec. 28, 
2010) (redesignating sections 708a.1 through 708a.13 as sections 
708a.101 through 708a.113 within Subpart A).
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Part 717--Fair Credit Reporting

    The final rule removes and reserves several subparts and appendices 
to part 717, the NCUA's regulation implementing the Fair Credit 
Reporting Act (FCRA).\15\ Historically, the federal banking agencies, 
the NCUA, and the Federal Trade Commission shared rulemaking authority 
for various aspects of the FCRA. Title X of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (Dodd-Frank Act) transferred most 
rulemaking authority for the FCRA to the Bureau of Consumer Financial 
Protection (BCFP) effective July 21, 2011.\16\ The BCFP published a new 
Regulation V (Fair Credit Reporting), 12 CFR part 1022, on December 21, 
2011, implementing those provisions of the FCRA.\17\ Therefore, the 
Board is removing all subparts and appendices to part 717 issued under 
rulemaking authority in the FCRA that the Dodd-Frank Act transferred to 
the BCFP.
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    \15\ 15 U.S.C. 1681 et seq.
    \16\ Public Law 111-203, tit. X, secs. 1061, 1088, 124 Stat. 
1376, 2035-2092 (July 21, 2010).
    \17\ See ``Fair Credit Reporting (Regulation V)'' 76 FR 79307 
(Dec. 21, 2011).
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Part 741--Requirements for Insurance

    The final rule corrects an inaccurate cross-reference in Sec.  
741.3(b)(5) of the NCUA's regulations.\18\ That provision directs 
stakeholders to Appendix B to part 741 for guidance on how to develop 
an interest rate risk (IRR) policy and an effective IRR program. The 
NCUA's equity distribution rule eliminated Appendix A to part 741 and 
redesignated Appendix B as Appendix A. Accordingly, the Board is 
amending Sec.  741.3(b)(5) to include the correct cross-reference to 
current Appendix A to part 741 which contains the NCUA's guidance on 
IRR policies.
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    \18\ 12 CFR 741.3(b)(5).
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Part 746--Appeals Procedures

    The final rule also remedies an inadvertent drafting error in the 
NCUA's supervisory review committee (SRC) rule.\19\ The SRC rule 
permits a FICU to appeal a material supervisory determination made by 
the NCUA to various appellate bodies within the agency. The SRC rule 
provides FICUs

[[Page 1603]]

with specific deadlines by which the credit union must file an appeal 
in order for the appellate body to hear an appeal. The SRC rule bases 
these deadlines on when the FICU receives notice of the material 
supervisory determination or the decision on appeal. Section 746.106, 
which governs appeal to the Director of the Office of Examination and 
Insurance (E&I), inadvertently establishes a deadline based on when the 
material supervisory determination was rendered by the NCUA rather than 
when it was received by the FICU.\20\ The final rule corrects this 
drafting error to clarify that the SRC rule bases the deadline to 
appeal to the Director of E&I on when the FICU receives the material 
supervisory determination not when the decision is rendered.
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    \19\ See ``Supervisory Review Committee; Procedures for 
Appealing Material Supervisory Determinations,'' 82 FR 50270 (Oct. 
30, 2017).
    \20\ See 12 CFR 746.106(a).
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Part 790--Description of NCUA; Requests for Agency Action

    Part 790 contains a description of the NCUA's organization and the 
procedures for public requests for action by the Board.\21\ This part 
relates solely to the practices of the NCUA and does not apply to FICU 
operations. In July 2017, the Board announced a plan to streamline and 
consolidate certain of the NCUA's functions and offices in an effort to 
reduce the NCUA's budget and increase efficiency. This plan includes 
the elimination of two NCUA Regional Offices effective December 31, 
2018. The final rule amends part 790 to reflect the closure of those 
two offices as well as the creation of the Office of Business 
Innovation.\22\
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    \21\ See 12 CFR 790.1.
    \22\ The Board previously amended part 792 to reflect other 
aspects of the reorganization plan including the creation of the 
Office of Credit Union Resources and Expansion and the elimination 
of the Office of Small Credit Union Initiatives. See ``Agency 
Reorganization,'' 82 FR 60290 (Dec. 20, 2017).
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IV. Regulatory Procedures

Administrative Procedure Act

    Generally, the APA requires a federal agency to provide the public 
with notice and an opportunity to comment on agency rulemakings.\23\ 
The APA, however, creates an exception in cases where an agency for 
good cause determines ``that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' \24\ 
Because all of the changes in this final rule involve only minor, 
technical amendments to the NCUA's existing regulations, the Board has 
determined that notice and comment would be unnecessary and contrary to 
the public interest.
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    \23\ 5 U.S.C. 553(b).
    \24\ 5 U.S.C. 553(b)(B).
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    Furthermore, the APA generally provides that a final rule may not 
become effective until at least 30 days after its publication in the 
Federal Register unless the agency determines that good cause exists to 
dispense with this requirement.\25\ As noted above, given that the rule 
does not impose new requirements on federally insured credit unions and 
only involves minor, technical amendments to existing regulations, the 
Board finds sufficient good cause exists to dispense with the 30-day 
effective date requirement. The rule will, therefore, be effective 
immediately upon publication.
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    \25\ 5 U.S.C. 553(d).
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Regulatory Flexibility Act

    The Regulatory Flexibility Act requires the NCUA to prepare an 
analysis of any significant economic impact a regulation may have on a 
substantial number of small entities (primarily those under $100 
million in assets).\26\ This final rule will have no economic impact on 
small credit unions because it only makes minor, technical amendments 
to NCUA's existing regulations. Accordingly, the NCUA certifies the 
rule will not have a significant economic impact on a substantial 
number of small credit unions.
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    \26\ 5 U.S.C. 601-612.
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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 increases an existing burden.\27\ For purposes of the PRA, 
a paperwork burden may take the form of a reporting or recordkeeping 
requirement, both referred to as information collections. As the final 
rule only makes minor, technical amendments to the NCUA's existing 
regulations, we have determined it does not increase paperwork 
requirements under the PRA.
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    \27\ 44 U.S.C 3501-3521.
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Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) provides generally for congressional review of agency 
rules.\28\ A reporting requirement is triggered in instances where the 
NCUA issues a final rule as defined by section 551 of the APA. As 
required by SBREFA, NCUA has submitted this rule to the Office of 
Management and Budget for it to determine if the final rule is a 
``major rule'' for purposes of SBREFA. The NCUA does not believe the 
rule is major.
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    \28\ 5 U.S.C. 801-808.
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Assessment of Federal Regulations and Policies on Families

    The NCUA has determined that this rule will not affect family well-
being within the meaning of section 654 of the Treasury and General 
Government Appropriations Act.\29\
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    \29\ Public Law 105-277, 654, 112 Stat. 2681, 2681-528 (1998).
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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.\30\ 
The 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. The final rule does not have 
substantial direct effects 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. The NCUA 
has therefore determined that this final rule does not constitute a 
policy that has federalism implications for purposes of the executive 
order.
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    \30\ ``Federalism,'' E.O. 13,132 (Aug. 10, 1999).
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List of Subjects

12 CFR Part 700

    Credit unions.

12 CFR Part 701

    Advertising, Aged, Civil rights, Credit, Credit unions, Fair 
housing, Individuals with disabilities, Insurance, Marital status 
discrimination, Mortgages, Religious discrimination, Reporting and 
recordkeeping requirements, Sex discrimination, Signs and symbols, 
Surety bonds.

12 CFR Part 702

    Credit unions, Reporting and recordkeeping requirements.

12 CFR Part 703

    Credit unions, Investments.

12 CFR Part 704

    Credit unions, Reporting and recordkeeping requirements, Surety 
bonds.

12 CFR Part 705

    Credit unions, Loans, Grants, Revolving fund, Community programs, 
Low income.

[[Page 1604]]

12 CFR Part 708a

    Credit unions, Reporting and recordkeeping requirements.

12 CFR Part 708b

    Bank deposit insurance, Credit unions, Reporting and recordkeeping 
requirements.

12 CFR Part 709

    Claims, Credit unions.

12 CFR Part 710

    Administrative practice and procedure, Credit unions, Reporting and 
recordkeeping requirements.

12 CFR Part 715

    Accounting, Credit unions, Reporting and recordkeeping 
requirements.

12 CFR Part 717

    Consumer protection, Credit unions, Information, Privacy, Reporting 
and recordkeeping requirements.

12 CFR Part 723

    Credit, Credit unions, Member business loans, Reporting and 
recordkeeping requirements.

12 CFR Part 725

    Credit unions, Reporting and recordkeeping requirements.

12 CFR Part 741

    Bank deposit insurance, Credit unions, Reporting and recordkeeping 
requirements.

12 CFR Part 745

    Administrative practice and procedure, Claims, Credit unions, Share 
insurance.

12 CFR Part 746

    Administrative practice and procedure, Claims, Credit unions, 
Investigations.

12 CFR Part 747

    Administrative practice and procedure, Bank deposit insurance, 
Claims, Credit unions, Crime, Equal access to justice, Investigations, 
Lawyers, Penalties.

12 CFR Part 748

    Credit unions, Reporting and recordkeeping requirements, Security 
measures.

12 CFR Part 749

    Archives and records, Credit unions, Reporting and recordkeeping 
requirements.

12 CFR Part 750

    Credit unions, Golden parachute payments, Indemnity payments.

12 CFR Part 760

    Credit unions, Mortgages, Flood insurance, Reporting and 
recordkeeping requirements.

12 CFR Part 790

    Organization and functions (Government agencies).

12 CFR Part 791

    Administrative practice and procedure, Sunshine Act.

12 CFR Part 792

    Classified information, Confidential business information, Courts, 
Freedom of information, Government employees, Privacy.

    By the National Credit Union Administration Board on December 
13, 2018.
Gerard S. Poliquin,
Secretary of the Board.

    For the reasons discussed above, the Board is amending 12 CFR parts 
700, 701, 702, 703, 704, 705, 708a, 708b, 709, 710, 715, 717, 723, 725, 
741, 745, 746, 747, 748, 749, 750, 760, 790, 791, and 792 as follows:

PART 700--DEFINITIONS

0
1. The authority citation for part 700 continues to read as follows:

    Authority:  12 U.S.C. 1752, 1757(6), 1766.


0
2. In Sec.  700.2:
0
a. Revise the definitions of ``Act,'' ``Board,'' and ``Credit union'';
0
b. Add definitions for ``Federally insured credit union,'' ``NCUA,'' 
``and Noninsured credit union'' in alphabetical order; and
0
c. Revise the definitions of ``Paid-in and unimpaired capital and 
surplus,'' ``Regional Director,'' and ``Regional Office''.
    The revisions and additions read as follows:


Sec.  700.2   Definitions.

* * * * *
    Act means the Federal Credit Union Act (12 U.S.C. 1751, et seq.).
* * * * *
    Board or NCUA Board refer to the Board of the National Credit Union 
Administration.
    Credit union means a nonprofit financial cooperative chartered 
under the Federal Credit Union Act or under the laws of any State, the 
District of Columbia, the several territories and possessions of the 
United States, or the Commonwealth of Puerto Rico, which laws provide 
for the organization of financial cooperatives similar in principle and 
objectives to cooperatives chartered under the Federal Credit Union 
Act.
    Federally insured credit union means any credit union whose member 
accounts are insured by NCUA according to the provisions of Title II of 
the Federal Credit Union Act (12 U.S.C. 1782 et seq.).
* * * * *
    NCUA refers to the National Credit Union Administration.
* * * * *
    Noninsured credit union means a credit union chartered under the 
laws of any State, the District of Columbia, the several territories 
and possessions of the United States, the Panama Canal Zone, or the 
Commonwealth of Puerto Rico, whose member accounts are not insured by 
NCUA.
    Paid-in and unimpaired capital and surplus or unimpaired capital 
and surplus mean shares plus post-closing, undivided earnings. This 
does not include regular reserves or special reserves required by law, 
regulation or special agreement between the credit union and its 
regulator or share insurer. ``Paid-in and unimpaired capital and 
surplus'' for purposes of the Central Liquidity Facility is defined in 
Sec.  725.2(o) of this chapter.
    Regional Director means the representative of NCUA in the 
designated geographical area in which the office of the federally 
insured credit union is located or, for federally insured credit unions 
with $10 billion or more in assets, the Director of the Office of 
National Examinations and Supervision.
    Regional Office means the office of NCUA located in the designated 
geographical areas in which the office of the federally insured credit 
union is located or, for federally insured credit unions with $10 
billion or more in assets, the Office of National Examinations and 
Supervision.
* * * * *

PART 701--ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS

0
3. The authority citation for part 701 continues to read as follows:

    Authority:  12 U.S.C. 1752(5), 1755, 1756, 1757, 1758, 1759, 
1761a, 1761b, 1766, 1767, 1782, 1784, 1786, 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 42 U.S.C. 4311-4312.


0
4. Revise Sec.  701.6(a) to read as follows:


Sec.  701.6   Fees paid by federal credit unions.

    (a) Basis for assessment. Each calendar year, or as otherwise 
directed by the NCUA Board, each federal credit union shall pay an 
operating fee to

[[Page 1605]]

NCUA for the current fiscal year (January 1 to December 31) in 
accordance with a schedule fixed by the Board from time to time. The 
operating fee shall be based on the total assets of each federal credit 
union (less the assets created on the books of natural person federal 
credit unions by investments made in a corporate credit union under the 
Credit Union System Investment Program or the Credit Union Homeowners 
Affordability Relief Program) as of December 31 of the preceding year 
or as otherwise determined pursuant to paragraph (b) of this section.
* * * * *


Sec.  701.21  [Amended]

0
5. In Sec.  701.21(h)(1), remove ``federally-insured'' and add in its 
place ``federally insured''.

0
6. In Sec.  701.22, remove ``Federally insured, state-chartered credit 
unions'' and add in its place ``Federally insured state-chartered 
credit unions'' in the introductory text; and remove ``federally 
insured, state-chartered credit union'' and add in its place 
``federally insured state-chartered credit union'' wherever it appears.


Sec.  701.23  [Amended]

0
7. Amend Sec.  701.23(b) by removing ``federally-insured'' and adding 
in its place ``federally insured'' wherever it appears.

0
8. Amend Appendix B to part 701 as follows:
0
a. Amend Section III of Chapter 1 by removing the bullet after ``and'' 
but before the sentence beginning with ``The fact that the certificate 
is made''.
0
b. Amend Section IV.D of Chapter 1 by removing the bullet after 
``Continuity plan for directors, committee members and management 
staff'' but before the sentence beginning ``Operating facilities''.
0
c. Amend Section V.B.1 of Chapter 1 by removing the bullet after 
``Organization Certificate, NCUA 4008'' but before ``Report of Official 
and Agreement to Serve, NCUA 4012''.
0
d. Revise the heading of Section V.B.5 of Chapter 1 titled 
``Certification of Resolutions, NCUA 9501'' to read ``V.B.6--
Certification of Resolutions, NCUA 9501''.
0
e. Revise the heading of Section I.A. 2 of Chapter 2 to read ``I.A.2--
Special Low-Income Rules''.
0
f. Amend Section II.A.1 of Chapter 2 by removing the bullet after the 
sentence beginning with ``Employees of Johnson Soap Company'' but 
before the sentence beginning ``Employees of MMLLJS contractor''.
0
g. Revise the heading of Section II.A.2 of Chapter 2 to read ``II.A.2--
Trade, Industry, or Profession''.
0
h. Amend Section II.B.1 of Chapter 2 by removing the bullet after ``A 
single occupational common bond to a single associational common bond'' 
but before ``A single occupational common bond to a community 
charter''.
0
i. Revise the heading of Section II.B of Chapter 2 titled 
``Restructuring'' to read ``II.B.2--Restructuring''.
0
j. Revise the heading of Section II.B of Chapter 2 titled 
``Documentation Requirements'' to read ``II.B.4--Documentation 
Requirements''.
0
k. Revise the heading of Section II.D of Chapter 2 titled ``Emergency 
Mergers'' to read ``II.D.2--Emergency Mergers''.
0
l. Amend newly designated Section II.D.2 by removing the bullet after 
``Serious and persistent recordkeeping problems; or'' but before 
``Serious and persistent operational concerns''.
0
m. Revise the heading of Section II.D of Chapter 2 titled ``Purchase 
and Assumption (P&A)'' to read ``II.D.3--Purchase and Assumption 
(P&A)''.
0
n. Revise the heading of Section II.E of Chapter 2 titled 
``Organizational Restructuring'' to read ``II.E.2--Organizational 
Restructuring''.
0
o. Amend Section II.H of Chapter 2 by removing the bullet after 
``Members of the immediate family or household'' but before the 
sentence beginning ``Honorably discharged veterans''.
0
p. Amend Section III.A.1.a of Chapter 2 by removing the number ``1.'' 
after paragraph 2. but before paragraph 3.
0
q. Revise the heading of Section III.A.1 of Chapter 2 titled ``Pre-
Approved Groups'' to read ``III.A.1.b--Pre-Approved Groups''.
0
r. Amend Section III.A.1 of Chapter 2 titled ``Pre-Approved Groups'' by 
removing the number ``(1)'' after paragraph (4) but before paragraph 
(5).
0
s. Amend Section III.A.1 of Chapter 2 titled ``Pre-Approved Groups'' by 
redesiganting paragraphs (1) through (12) as 1. through 12.
0
t. Amend Section III.A.3 of Chapter 2 by removing the bullet after 
``Members of the Shalom Congregation in Chevy Chase, Maryland'' but 
before the sentence beginning with ``Regular members of the Corporate 
Executives Association''.
0
u. Revise the heading of Section III.B of Chapter 2 titled 
``Organizational Restructuring'' to read ``III.B.2--Organizational 
Restructuring''.
0
v. Revise the heading of Section III.B of Chapter 2 titled 
``Documentation Requirements'' to read ``III.B.4--Documentation 
Requirements''.
0
w. Revise the heading of Section III.C.C.2 of Chapter 2 to read 
``III.C.2--Office of Credit Union Resources and Expansion Director 
Decision''.
0
x. Revise the heading of Section III.D of Chapter 2 titled ``Emergency 
Mergers'' to read ``III.D.2--Emergency Mergers''.
0
y. Revise the heading of Section III.D of Chapter 2 titled ``Purchase 
and Assumption (P&A) to read ``III.D.3--Purchase and Assumption 
(P&A)''.
0
z. Revise the heading of Section III.E of Chapter 2 titled 
``Organizational Restructuring'' to read ``III.E.2--Organizational 
Restructuring''.
0
aa. Amend Section III.H of Chapter 2 by removing the bullet after 
``Members of the immediate family or household'' but before the 
sentence beginning ``Honorably discharged veterans''.
0
bb. Revise the heading of Section IV.B of Chapter 2 titled 
``Documentation Requirements'' to read ``IV.B.3--Documentation 
Requirements''.
0
cc. Revise the heading of Section IV.B of Chapter 2 titled 
``Restructuring'' to read ``IV.B.4--Restructuring''.
0
dd. Amend Section IV.C.4 of Chapter 2 by removing the bullet after 
``Specific reasons for the action'' but before ``Options to consider, 
if appropriate, for gaining approval''.
0
ee. Revise the heading of Section IV.D of Chapter 2 titled ``Voluntary 
Mergers'' to read ``IV.D.1--Voluntary Mergers''.
0
ff. Revise the heading of Section IV.D of Chapter 2 titled ``Emergency 
Mergers'' to read ``IV.D.3--Emergency Mergers''.
0
gg. Revise the heading of Section IV.D of Chapter 2 titled ``Purchase 
and Assumption (P&A)'' to read ``IV.D.4--Purchase and Assumption 
(P&A)''.
0
hh. Revise the heading of Section IV.E of Chapter 2 titled ``Overlap 
Issues as a Result of Organizational Restructuring'' to read ``IV.E.2--
Overlap Issues as a Result of Organizational Restructuring''.
0
ii. Revise section V.A.2 of Chapter 2.
0
jj. Revise the heading of Section V.A of Chapter 2 titled ``Business 
Plan Requirements for a Community Credit Union'' to read ``V.A.4--
Business Plan Requirements for a Community Credit Union''.
0
kk. Revise the heading of Section V.A of Chapter 2 titled ``Ample 
Community Fields of Membership'' to read ``V.A.7--Ample Community 
Fields of Membership''.
0
ll. Revise the heading of Section V.D of Chapter 2 titled ``Mergers'' 
to read ``V.D.1--Mergers''.
0
mm. Revise the heading of Section V.D of Chapter 2 titled ``Emergency 
Mergers'' to read ``V.D.2--Emergency Mergers''.
0
nn. Revise the heading of Section V.D of Chapter 2 titled ``Purchase 
and Assumption (P&A)'' to read ``V.D.3--Purchase and Assumption 
(P&A)''.

[[Page 1606]]

0
oo. Revise the heading of Section V.E of Chapter 2 titled 
``Exclusionary Clauses'' to read ``V.E.2--Exclusionary Clauses''.
0
pp. Revise the heading of Section II.B of Chapter 3 to read ``II.B--
Special Programs''.
0
qq. Revise the heading of Section II.C of Chapter 3 to read ``II.C--
Low-Income Documentation''.
0
rr. Revise the heading of Section II.D of Chapter 3 to read ``II.D--
Third-Party Assistance''.
0
ss. Revise the heading of Section II.E of Chapter 3 to read ``II.E--
Special Rules for Low-Income Federal Credit Unions''.
0
tt. Revise Section III.A of Chapter 3 by removing ``12'' and adding in 
its place ``12 U.S.C. 1759(c)(2)'' in the first paragraph and removing 
``U.S.C. 1759(c)(2).'' from the second paragraph.
0
uu. Revise the heading of Section III.B.2 of Chapter 3 titled 
``Economic Distress Criteria'' to read ``III.B.2.a--Economic Distress 
Criteria''.
0
vv. Amend Section III.B.2 of Chapter 3 titled ``Economic Distress 
Criteria'' by removing the bullet after ``Other Criterion. Any other 
economic distress criterion the CDFI Fund may adopt in the future.'' 
but before the sentence ``Id. Sec.  1805.201(b)(3)(ii)(D)(1), (2)(ii) 
and (3) (2008).''
0
ww. Revise the heading of Section II.C.4 of Chapter 4 to read 
``II.C.4--Notification''.
0
xx. Revise the heading of Section II.D of Chapter 4 titled 
``Application for a Federal Charter'' to read ``II.D.2--Application for 
a Federal Charter''.
0
yy. Revise the heading of Section II.E of Chapter 4 titled ``Effective 
Date of Conversion'' to read ``II.E.1--Effective Date of Conversion''.
0
zz. Revise the heading of Section II.E of Chapter 4 titled ``Reports to 
NCUA'' to read ``II.E.5--Reports to NCUA''.
0
aaa. Revise the heading of Section III.D.UA of Chapter 4 to read 
``III.D.5--Disapproval''.
    The revision reads as follows:

Appendix B to Part 701--Chartering and Field of Membership Manual

* * * * *

V.A.2--Definition of Well-Defined Local Community and Rural District

    In addition to the documentation requirements in Chapter 1 to 
charter a credit union, a community credit union applicant must 
provide additional documentation addressing the proposed area to be 
served and community service policies.
    An applicant has the burden of demonstrating to NCUA that the 
proposed community area meets the statutory requirements of being: 
(1) Well-defined, and (2) a local community or rural district.
    For an applicant seeking a community charter for an area with 
multiple political jurisdictions with a population of 2.5 million 
people or more, the Office of Credit Union Resources and Expansion 
(CURE) shall: (1) Publish a notice in the Federal Register seeking 
comment from interested parties about the proposed community and (2) 
conduct a public hearing about this application.
    ``Well-defined'' means the proposed area has specific geographic 
boundaries. Geographic boundaries may include a city, township, 
county (single, multiple, or portions of a county) or a political 
equivalent, school districts, or a clearly identifiable 
neighborhood.
    The well-defined local community requirement is met if:
     Single Political Jurisdiction--The area to be served is 
a recognized Single Political Jurisdiction, i.e., a city, county, or 
their political equivalent, or any single portion thereof.
     Statistical Area--A statistical area is all or an 
individual portion of a Core-Based Statistical Area (CBSA) 
designated by the U.S. Census Bureau, including a Metropolitan 
Statistical Area. To meet the well-defined local community 
requirement, the CBSA or a portion thereof, must be contiguous and 
have a population of 2.5 million or less people. An individual 
portion of a statistical area need not conform to internal 
boundaries within the area, such as metropolitan division boundaries 
within a Core-Based Statistical Area.
     Compelling Evidence of Common Interests or 
Interaction--In lieu of a statistical area as defined above, this 
option is available when a credit union seeks to initially charter a 
community credit union; to expand an existing community; or to 
convert to a community charter. Under this option, the credit union 
must demonstrate that the areas in question are contiguous and 
further demonstrate a sufficient level of common interests or 
interaction among area residents to qualify the area as a local 
community. For that purpose, an applicant must submit for NCUA 
approval a narrative, supported by appropriate documentation, 
establishing that the area's residents meet the requirements of a 
local community.
    To assist a credit union in developing its narrative, Appendix 6 
of this Manual identifies criteria a narrative should address, and 
which NCUA will consider in deciding a credit union's application 
to: initially charter a community credit union; to expand an 
existing community, including by an adjacent area addition; or to 
convert to a community charter. In any case, the credit union must 
demonstrate, through its business and marketing plans, its ability 
and commitment to serve the entire community for which it seeks NCUA 
approval.
    An area of any geographic size qualifies as a Rural District if:
     The proposed district has well-defined, contiguous 
geographic boundaries;
     The total population of the proposed district does not 
exceed 1,000,000.
     Either more than 50% of the proposed district's 
population resides in census blocks or other geographic units that 
are designated as rural by either the Consumer Financial Protection 
Bureau or the United States Census Bureau, OR the district has a 
population density of 100 persons or fewer per square mile; and
     The boundaries of the well-defined rural district do 
not exceed the outer boundaries of the states that are immediately 
contiguous to the state in which the credit union maintains its 
headquarters (i.e., not to exceed the outer perimeter of the layer 
of states immediately surrounding the headquarters state).
    The common bond affinity groups that apply to well-defined local 
communities also apply to Rural Districts.
    The requirements in Chapter 2, Sections V.A.4 through V.G. also 
apply to a credit union that serves a rural district.
* * * * *

PART 702--CAPITAL ADEQUACY

0
9. The authority citation for part 702 is revised to read as follows:

    Authority: 12 U.S.C. 1766(a), 1790d.


0
10. In part 702, revise all references to ``federally-insured'' to read 
``federally insured''.


Sec.  702.504  [Amended]

0
11. In Sec.  702.504(b)(4), revise the citation ``Sec.  702.306(c)'' to 
read ``Sec.  702.506(c)''.

PART 703--INVESTMENT AND DEPOSIT ACTIVITIES

0
12. The authority citation for part 703 continues to read as follows:

    Authority:  12 U.S.C. 1757(7), 1757(8), 1757(15).


Sec.  703.2  [Amended]

0
13. In Sec.  703.2, in the definition of ``Associated personnel,'' 
remove ``National Association of Securities Dealers (NASD)'' or 
``NASD'' and add in their place ``Financial Industry Regulatory 
Authority (FINRA)'' or ``FINRA'' wherever they appear.


Sec.  703.8  [Amended]

0
14. In Sec.  703.8(b)(2) remove ``National Association of Securities 
Dealers'' and add in its place ``Financial Industry Regulatory 
Authority''.

PART 704--CORPORATE CREDIT UNIONS

0
15. The authority citation for part 704 continues to read as follows:

    Authority:  12 U.S.C. 1766(a), 1781, 1789.


Sec.  704.1  [Amended]

0
16. In Sec.  704.1(a) remove ``Non federally insured corporate credit 
unions'' and add in its place ``Noninsured corporate credit unions''.

[[Page 1607]]

PART 705--COMMUNITY DEVELOPMENT REVOLVING LOAN FUND ACCESS FOR 
CREDIT UNIONS

0
17. The authority citation for part 705 continues to read as follows:

    Authority:  12 U.S.C. 1756, 1757(5)(D), and (7)(I), 1766, 1782, 
1784, 1785 and 1786.

0
18. In part 705, revise all references to ``non-federally insured, 
state-chartered credit union'' and ``non-federally insured state-
chartered credit union'' to read ``noninsured credit union''.

PART 708a--BANK CONVERSIONS AND MERGERS

0
19. The authority citation for part 708a continues to read as follows:

    Authority:  12 U.S.C. 1766, 1785(b), and 1785(c).

0
20. Amend Sec.  708a.101 by revising the definitions of ``Credit 
union,'' ``Federal banking agencies,'' and ``Mutual savings bank and 
savings association'' to read as follows:


Sec.  708a.101   Definitions.

* * * * *
    Credit union has the same meaning as insured credit union in 
section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
    Federal banking agencies have the same meaning as in section 3 of 
the Federal Deposit Insurance Act (12 U.S.C. 1813).
* * * * *
    Mutual savings bank and savings association have the same meaning 
as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
* * * * *


Sec.  708a.104  [Amended]

0
22. Amend Sec.  708a.104 as follows:
0
a. In paragraph (a), remove ``Sec.  708a.3'' and add in its place 
``Sec.  708a.103''; and
0
b. In paragraph (f)(6), remove ``Sec.  708a.4(f)'' and add in its place 
``Sec.  708a.104(f)''.


Sec.  708a.105  [Amended]

0
23. Amend Sec.  708a.105 as follows:
0
a. In paragraph (a)(1), remove ``Sec. Sec.  708a.3 and 708a.4'' and add 
in its place ``Sec. Sec.  708a.103 and 708a.104''.
0
b. In paragraph (a)(3), remove ``Sec.  708a.5(a)'' and add in its place 
``Sec.  708a.105(a)''.
0
c. In paragraph (b), remove ``Sec.  708a.6'' and add in its place 
``Sec.  708a.106''.


Sec.  708a.106  [Amended]

0
24. In Sec.  708a.106(b), remove ``Sec.  708a.3'' and add in its place 
``Sec.  708a.103''.


Sec.  708a.107  [Amended]

0
25. In Sec.  708a.107(b), by remove ``Sec.  708a.5'' and add in its 
place ``Sec.  708a.105''.


Sec.  708a.108  [Amended]

0
26. In Sec.  708a.108(b), by remove ``Sec.  708a.7'' and add in its 
place ``Sec.  708a.107'' and remove ``Sec.  708a.10'' and add in its 
place ``Sec.  708a.110.''


Sec.  708a.110  [Amended]

0
27. Amend Sec.  708a.110 as follows:
0
a. In paragraph (a), remove ``Sec.  708a.8'' and add in its place 
``Sec.  708a.108'' and remove ``Sec.  708a.9'' and add in its place 
``Sec.  708a.109''.
0
b. In paragraph (b), remove ``Sec.  708a.8'' and add in its place 
``Sec.  708a.108''.


Sec.  708a.113  [Amended]

0
28. In Sec.  708a.113(d)(3), remove ``Sec.  708a.12 of this part'' and 
add in its place ``Sec.  708a.112''.


Sec.  708a.305  [Amended]

0
29. Amend Sec.  708a.305 as follows:
0
a. In paragraph (c)(3), remove the phrase ``because of'' the second 
time it appears; and
0
b. In paragraph (c)(4) remove ``; and'' and add in its place a period.


Sec.  708a.312  [Amended]

0
30. In Sec.  708a.312(a), revise ``Federally insured State chartered 
credit unions'' to read ``Federally insured state-chartered credit 
unions''.

PART 708b--MERGERS OF INSURED CREDIT UNIONS INTO OTHER CREDIT 
UNIONS; VOLUNTARY TERMINATION OR CONVERSION OF INSURED STATUS

0
31. The authority citation for part 708b continues to read as follows:

    Authority:  12 U.S.C. 1752(7), 1766, 1785, 1786, 1789.


0
32. Revise the heading of part 708b to read as set forth above.

0
33. In part 708b, revise all references to ``federally-insured'', 
``Federally-insured'', ``nonfederally-insured'', and ``Nonfederally-
insured'' to read ``federally insured'', ``Federally insured'', 
``noninsured'', and ``Nonfederally insured'' respectively.

0
34. Amend Sec.  708b.2 by adding introductory text to read as follows:


Sec.  708b.2   Definitions.

    As used in this part:
* * * * *

Subpart C--[Amended]

0
35. Amend Subpart C of part 708b by revising all references to 
``$100,000'' to read ``$250,000'' wherever they occur.


Sec.  708b.303   [Amended]

0
36. In Sec.  708b.303(c), remove the word ``and'' and add in its place 
the word ``an'' in the first sentence of Item 5 of the form 
Certification of Vote.

PART 709--INVOLUNTARY LIQUIDATION OF FEDERAL CREDIT UNIONS AND 
ADJUDICATION OF CREDITOR CLAIMS INVOLVING FEDERALLY INSURED CREDIT 
UNIONS IN LIQUIDATION

0
37. The authority citation for part 709 continues to read as follows:

    Authority:  12 U.S.C. 1757, 1766, 1767, 1786(h), 1787, 1788, 
1789, 1789a.


0
38. In part 709, revise all references to ``federally-insured'' to read 
``federally insured''.


Sec.  709.4   [Amended]

0
39. In Sec.  709.4(c)(10), remove ``state-chartered federally insured 
credit union'' and add in its place ``federally insured state-chartered 
credit union''.

PART 710--VOLUNTARY LIQUIDATION

0
40. The authority citation for part 710 continues to read as follows:

    Authority:  12 U.S.C. 1766(a), 1786, and 1787.


0
41. In part 710, revise all references to ``Federally insured state 
credit union'' or ``Federally insured state credit unions'' to read 
``Federally insured state-chartered credit union'' or ``Federally 
insured state-chartered credit unions'', respectively.

PART 715--SUPERVISORY COMMITTEE AUDITS AND VERIFICATIONS

0
42. The authority citation for part 715 continues to read as follows:

    Authority:  12 U.S.C. 1761(b), 1761d, 1782(a)(6).


Sec.  715.4   [Amended]

0
43. In Sec.  715.4(c), remove the phrase ``NCUA form'' and add in its 
place the phrase ``NCUA Form''.


Sec.  715.10   [Amended]

0
44. In Sec.  715.10(a), remove the phrase ``National Credit Union 
Administration (``NCUA'')'' and add in its place the term ``NCUA''.

[[Page 1608]]

PART 717--FAIR CREDIT REPORTING

0
45. The authority citation for part 717 is revised to read as follows:

    Authority:  12 U.S.C. 1766(a), 1789; 15 U.S.C. 1681m(e).

Subpart A--[Removed and Reserved]

0
46. Remove and reserve subpart A, consisting of Sec. Sec.  717.1 
through 717.3.

Subpart C--[Removed and Reserved]

0
47. Remove and reserve subpart C, consisting of Sec. Sec.  717.20 
through 717.28.

Subpart D--[Removed and Reserved]

0
48. Remove and reserve subpart D, consisting of Sec. Sec.  717.30 
through 717.32.

Subpart E--[Removed and Reserved]

0
49. Remove and reserve subpart E, consisting of Sec. Sec.  717.40 
through 717.43.

Appendix C--[Removed and Reserved]

0
50. Remove and reserve Appendix C to part 717.

PART 723--MEMBER BUSINESS LOANS; COMMERCIAL LENDING

0
51. The authority citation for part 723 continues to read as follows:

    Authority:  12 U.S.C. 1756, 1757, 1757A, 1766, 1785, 1789.


0
52. In part 723, revise all references to ``federally insured, state-
chartered credit union'' or ``federally insured, state-chartered credit 
unions'' to read ``federally insured state-chartered credit union'' or 
``federally insured state-chartered credit unions'', respectively.

PART 725--NATIONAL CREDIT UNION ADMINISTRATION CENTRAL LIQUIDITY 
FACILITY

0
53. The authority citation for part 725 is revised to read as follows:

    Authority:  12 U.S.C. 1795f(a)(2).

0
54. In part 725:
0
a. Revise all references to ``federally-chartered'' or ``federally-
insured'' to read ``federally chartered'' and ``federally insured'', 
respectively; and
0
b. Revise all references to ``central credit union'' or ``central 
credit unions'' to read ``corporate credit union'' or ``corporate 
credit unions'', respectively.


Sec.  725.2  [Amended]

0
55. In Sec.  725.2(h)(2), remove ``or Federal Savings and Loan 
Insurance Corporation''.


Sec.  725.3  [Amended]

0
56. In Sec.  725.3(a)(2), remove footnote 1.


Sec.  725.4  [Amended]

0
57. In Sec.  725.4, remove footnote 3 from paragraph (a)(2) and, in 
paragraph (f), add the word ``or'' between the words ``chartered'' and 
``within''.

PART 741--REQUIREMENTS FOR INSURANCE

0
58. The authority citation for part 741 continues to read as follows:

    Authority:  12 U.S.C. 1757, 1766(a), 1781-1790, and 1790d; 31 
U.S.C. 3717.


0
59. In part 741:
0
a. Revise all references to ``federally-insured'' and ``nonfederally-
insured'' to read ``federally insured'' and ``nonfederally insured'' 
respectively; and
0
b. Revise all references to ``federally insured, state-chartered'' or 
``federally-insured state-chartered'' to read ``federally insured 
state-chartered''.


Sec.  741.3  [Amended]

0
60. In Sec.  741.3(b)(5), remove ``Appendix B'' and add in its place 
``Appendix A''.

0
61. Revise Sec.  741.8(c) to read as follows:


Sec.  741.8   Purchase of assets and assumption of liabilities.

* * * * *
    (c) A credit union seeking approval under paragraph (a) of this 
section must submit a request for approval to the appropriate regional 
director. The request must state the nature of the transaction and 
include copies of all relevant transaction documents. The regional 
director will approve or disapprove the request as soon as possible 
depending on the complexity of the proposed transaction. Credit unions 
should submit a request for approval in sufficient time to close the 
transaction.


Sec.  741.201  [Amended]

0
62. In Sec.  741.201(a), remove ``part 713 of this chapter'' and add 
``Sec. Sec.  713.3, 713.5, and 713.6'' in its place.


Sec.  741.219  [Amended]

0
63. In Sec.  741.219(b), remove the phrase ``or the Director of the 
Office of National Examinations and Supervision.''

PART 745--SHARE INSURANCE AND APPENDIX

0
64. The authority citation for part 745 continues 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.

0
65. In part 745:
0
a. Revise all references to ``federally-insured'' to read ``federally 
insured''; and
0
b. Revise all references to ``state credit union'' or ``state credit 
unions'' to read ``state-chartered credit union'' or ``state-chartered 
credit unions'', respectively.

0
66. Revise Sec.  745.202(b) to read as follows:


Sec.  745.202   Judicial review.

* * * * *
    (b) Failure to file an appeal with regard to an initial 
determination, or a decision rendered on a request for reconsideration 
within the applicable time periods shall constitute a failure by the 
accountholder to exhaust available administrative remedies and, due to 
such failure, any objections to the initial determination or request 
for reconsideration shall be deemed to be waived and such determination 
shall be deemed to have been accepted by, and binding upon, the 
accountholder.
* * * * *

PART 746--APPEALS PROCEDURES

Subpart A--Procedures for Appealing Material Supervisory 
Determinations

0
67. The authority citation for part 746, subpart A, continues to read 
as follows:

    Authority:  12 U.S.C. 1766, 1787, and 1789.


0
68. Revise Sec.  746.106(a) to read as follows:


Sec.  746.106   Procedures for requesting review by the Director of the 
Office of Examination and Insurance.

    (a) Request for review. Prior to filing an appeal with the 
Committee pursuant to Sec.  746.107, but after receiving a written 
decision by the appropriate program office in response to a request for 
reconsideration pursuant to Sec.  746.105, an insured credit union may 
make a written request for review by the Director of the Office of 
Examination and Insurance of the program office's material supervisory 
determination. Such a request must be made within 30 calendar days 
after receiving a final decision on reconsideration from the 
appropriate program office. A request for review must be in writing and 
filed with the Secretary of the Board, National Credit Union 
Administration, 1775 Duke Street, Alexandria, VA 22314-3428.
* * * * *

[[Page 1609]]

PART 747--ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF 
PRACTICE AND PROCEDURE, AND INVESTIGATIONS

0
69. The authority citation for part 747 continues to read as follows:

    Authority:  12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 
1790d; 15 U.S.C. 1639e; 42 U.S.C. 4012a; Pub. L. 101-410; Pub. L. 
104-134; Pub. L. 109-351; Pub. L. 114-74.

0
70. In part 747:
0
a. Revise all references to ``federally-insured'' to read ``federally 
insured''; and
0
b. Revise all references to ``state credit union'' or ``state credit 
unions'' to read ``state-chartered credit union'' or ``state-chartered 
credit unions'', respectively.

PART 748--SECURITY PROGRAM, REPORT OF SUSPECTED CRIMES, SUSPICIOUS 
TRANSACTIONS, CATASTROPHIC ACTS AND BANK SECRECY ACT COMPLIANCE

0
71. The authority citation for part 748 continues to read as follows:

    Authority:  12 U.S.C. 1766(a), 1786(q); 15 U.S.C. 6801-6809; 31 
U.S.C. 5311 and 5318.


0
72. In part 748, revise all references to ``federally-insured'' to read 
``federally insured''.

Appendix A to Part 748 [Amended]

0
73. Amend Appendix A by removing ``G. Implement the Standards'' from 
the table of contents under section III.

PART 749--RECORDS PRESERVATION PROGRAM AND APPENDICES--RECORD 
RETENTION GUIDELINES; CATASTROPHIC ACT PREPAREDNESS GUIDELINES

0
74. The authority citation for part 749 continues to read as follows:

    Authority:  12 U.S.C. 1766, 1783 and 1789; 15 U.S.C. 7001(d).


0
75. In part 749, revise all references to ``federally-insured'' to read 
``federally insured''.

PART 750--GOLDEN PARACHUTE AND INDEMNIFICATION PAYMENTS

0
76. The authority citation for part 750 continues to read as follows:

    Authority:  12 U.S.C. 1786(t).


0
77. In part 750, revise all references to ``Federally insured'' to read 
``federally insured''.

PART 760--LOANS IN AREAS HAVING SPECIAL FLOOD HAZARDS

0
78. Revise the authority citation for part 760 to read as follows:

    Authority:  12 U.S.C. 1757, 1784(e), 1789; 42 U.S.C. 4012a, 
4104a, 4104b, 4106, and 4128.

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

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

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


0
80. In Sec.  790.2, add paragraph (b)(18) and revise paragraph (c) to 
read as follows:


Sec.  790.2  Central and field office organization.

* * * * *
    (b) * * *
    (18) The Office of Business Innovation. The Office of Business 
Innovation (OBI) serves as a central platform and facilitator for 
critical agency stakeholders to shape achievable solutions and 
capabilities to manage evolving business demands. This office manages 
the agency's Information Technology modernization and business process 
optimization efforts, from the internal and external business 
stakeholder perspective, of mission related systems that enable the 
NCUA's core mission of regulating and supervising credit unions. 
Additionally, OBI provides enterprise information security support in 
partnership with the Office of the Chief Information Officer (OCIO) and 
serves as a center point for enterprise data strategy and governance.
* * * * *
    (c) Field Offices. NCUA's programs are conducted through Regional 
Offices and the Office of National Examinations and Supervision.
    (1) Regional Offices. (i) The NCUA has three Regional Offices:

----------------------------------------------------------------------------------------------------------------
             Region name                        Area within region                      Office address
----------------------------------------------------------------------------------------------------------------
Eastern..............................  Connecticut, Delaware, District of    1900 Duke Street, Suite 300,
                                        Columbia, Maine, Maryland,            Alexandria, VA 22314-3498.
                                        Massachusetts, Michigan, New
                                        Hampshire, New Jersey, New York,
                                        Ohio, Pennsylvania, Rhode Island,
                                        Vermont, Virginia, and West
                                        Virginia.
Southern.............................  Alabama, Arkansas, Florida, Georgia,  4807 Spicewood Springs Road, Suite
                                        Indiana, Kentucky, Louisiana,         5200, Austin, TX 78759-8490.
                                        Mississippi, North Carolina,
                                        Oklahoma, Puerto Rico, South
                                        Carolina, Tennessee, Texas, and
                                        Virgin Islands.
Western..............................  Alaska, American Samoa, Arizona,      1230 West Washington Street, Suite
                                        California, Colorado, Guam, Idaho,    301, Tempe, AZ 85281.
                                        Illinois, Iowa, Kansas, Minnesota,
                                        Missouri, Montana, Nebraska,
                                        Nevada, New Mexico, North Dakota,
                                        Oregon, South Dakota, Nevada, Utah,
                                        Washington, Wisconsin, and Wyoming.
----------------------------------------------------------------------------------------------------------------

    (ii) A Regional Director is in charge of each Regional Office. The 
Regional Director manages NCUA's programs in the Region assigned in 
accordance with established policies. A Regional Director's duties 
include: Directing examination and supervision programs to promote and 
assure safety and soundness; assisting other offices in chartering and 
insurance issues; managing regional resources to meet program 
objectives in the most economical and practical manner; and maintaining 
good public relations with public, private, and governmental 
organizations, federal credit union officials, credit union 
organizations, and other groups which have an interest in credit union 
matters in the assigned region. The Regional Director maintains liaison 
and cooperation with other regional offices of federal departments and 
agencies, state agencies, city and county officials, and other 
governmental units that affect credit unions. The Regional Director is 
aided by Associate Regional Directors. Each region is divided into 
examiner districts, each assigned to a Supervisory Credit Union 
Examiner; groups of examiners are directed by a Supervisory Credit 
Union Examiner, each of whom in turn reports directly to one of the 
Associate Regional Directors.
    (2) Office of National Examinations and Supervision. Similar to a 
Regional Director, the Director of the Office of National Examinations 
and Supervision manages NCUA's supervisory program

[[Page 1610]]

over credit unions; however, it oversees the activities for corporate 
credit unions and of natural person credit unions with assets totaling 
$10 billion or more, in accordance with established policies. The 
Director's duties include directing insurance, examination, and 
supervision programs to promote and assure safety and soundness; 
managing office resources to meet program objectives in the most 
economical and practical manner; and maintaining good public relations 
with public, private and governmental organizations, credit union 
officials, credit union organizations, and other groups which have an 
interest in credit union matters in the assigned office. The Director 
maintains liaison and cooperation with other regional offices of 
federal departments and agencies, state agencies, and other 
governmental units that affect credit unions. The Director is aided by 
a Deputy Director. Staff working in the office report to the Director 
of Supervision, who in turn reports to the Deputy Director. Field staff 
is divided into examiner districts, each assigned to a National Field 
Supervisor, each of whom in turn reports directly to the Deputy 
Director.

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

0
81. The authority citation for part 791 continues to read as follows:

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


Sec.  791.8  [Amended]

0
82. In Sec.  791.8(b)(4), revise ``state-chartered federally-insured 
credit union'' to read ``federally insured state-chartered credit 
union''.

PART 792--REQUESTS FOR INFORMATION UNDER THE FREEDOM OF INFORMATION 
ACT AND PRIVACY ACT, AND BY SUBPOENA; SECURITY PROCEDURES FOR 
CLASSIFIED INFORMATION

0
83. The authority citation for part 792 continues to read as follows:

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


Sec.  792.30  [Amended]

0
84. In Sec.  792.30, revise ``federally-insured'' to read ``federally 
insured''.

[FR Doc. 2018-27472 Filed 2-4-19; 8:45 am]
 BILLING CODE 7535-01-P