[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Rules and Regulations]
[Pages 64266-64267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31716]
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NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Part 791
Rules of NCUA Board Procedure; Promulgation of NCUA Rules and
Regulations; Public Observation of NCUA Board Meetings
AGENCY: National Credit Union Administration (NCUA).
ACTION: Final rule.
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SUMMARY: The NCUA Board amends its rules to revise and clarify Board
procedures relating to procedural rulings, notation voting, Board
meetings, and the agenda. This amendment more clearly defines the
procedures that are to be followed when a Board member appeals a
procedural
[[Page 64267]]
ruling and when matters are submitted to the Board for notation vote.
Further, this amendment sets forth the authority of Board members to
call a special meeting and place items on a regular meeting agenda.
DATES: Effective on December 5, 1997.
ADDRESSES: National Credit Union Administration, 1775 Duke Street,
Alexandria, Virginia 22314-3428.
FOR FURTHER INFORMATION CONTACT: Robert M. Fenner, General Counsel,
Office of the General Counsel, at the above address or telephone (703)
518-6540. E-mail questions may be sent to ogcmail@ncua.gov.
SUPPLEMENTARY INFORMATION: Part 791 of NCUA Rules and Regulations (12
CFR part 791) governs the manner in which the Board conducts NCUA
business; appeal of a procedural ruling, the use of notation votes, the
recording of Board actions, and the scheduling and subject matter of
Board meetings. At this time, Sec. 791.4 is amended to provide that any
Board member may appeal a procedural ruling, and that the Board
member's appeal must be considered immediately by the Board.
In addition, Sec. 791.4 is amended to provide that, for every
matter submitted for a notation vote, a written memorandum and voting
sheet is to be circulated to the office of each Board member
simultaneously. Thus, the office of each Board member receives notice
of matters for notation voting at the same time. Further, the rule is
amended to specify that, if a Board member vetoes the use of notation
voting for a particular matter, the matter must be placed on the agenda
of the next regularly scheduled Board meeting that is to be held at
least 10 days after the date of the veto.
Section 791.5 is amended to specify that a special meeting shall be
called by the Chairman on the Chairman's own initiative or within
fourteen days of a request from two Board members. The request must be
made by submitting an NCUA B-1 form and Board Action Memorandum stating
the specific action being recommended to the Board.
Section 791.6 is amended to establish that, although the Chairman
determines the order of and the items to be placed on the agenda, any
Board member may have an item placed on the agenda of the next
regularly scheduled Board meeting. The request must be submitted at
least ten days in advance of the next regularly scheduled meeting and
accompanied by an NCUA B-1 form and a Board Action Memorandum that
states the specific action being recommended to the Board.
Immediate Effective Date
Because these amendments concern the rules of NCUA Board procedure,
prior notice and comment are not required by 5 U.S.C. 553. These
amendments are effective upon publication in the Federal Register.
Regulatory Procedures
Regulatory Flexibility Act
NCUA certifies that part 791 will not have a significant impact on
a substantial number of small credit unions. Accordingly, a regulatory
flexibility analysis is not required. The rule affects internal NCUA
Board operations only. Thus, it will not result in any additional
burden for regulated institutions. The purpose of the rule is to
enhance the operations of the NCUA Board.
Paperwork Reduction Act
The amendments to the rule do not contain any collection of
information requirements pursuant to the Paperwork Reduction Act of
1995 and regulations of the Office of Management and Budget.
Executive Order 12612
Part 791 only applies to NCUA and the NCUA Board. Accordingly, NCUA
has determined that the rule will not have a substantial impact on the
states or state interests. Further, the rule will not preempt
provisions of state law or regulations.
List of Subjects in 12 CFR Part 791
Administrative practice and procedure, Sunshine Act.
By the National Credit Union Administration Board on November
24, 1997.
Becky Baker,
Secretary to the Board.
Accordingly, NCUA amends 12 CFR part 791 as follows:
PART 791--RULES OF NCUA BOARD PROCEDURE; PROMULGATION OF NCUA RULES
AND REGULATIONS; PUBLIC OBSERVATION OF NCUA BOARD MEETINGS
1. The authority citation for part 791 continues to read as
follows:
Authority: 12 U.S.C. 1766, 1789 and 5 U.S.C. 552b.
2. Section 791.4 is amended by revising paragraphs (a)(2), (b)
introductory text and (b)(3) to read as follows:
Sec. 791.4 Methods of acting.
(a) * * *
(2) Presiding officer. The Chairman is the presiding officer, and
in the Chairman's absence, the designated Vice Chairman shall preside.
The presiding officer shall make procedural rulings. Any Board member
may appeal a ruling made by the presiding officer. The appeal of a
procedural ruling by the presiding officer shall be immediately
considered by the Board, and a majority decision by the Board shall
decide the procedural ruling.
(b) Notation voting. Notation voting is the circulation of written
memoranda and voting sheets to the office of each Board member
simultaneously and the tabulation of responses.
* * * * *
(3) Veto of notation voting. In view of public policy for openness
reflected in the Sunshine Act, each Board member is authorized to veto
the use of notation voting for the consideration of any particular
matter, and thus require that the matter be placed on the agenda of the
next regularly scheduled Board meeting that is held at least ten days
after the date of the veto.
* * * * *
3. Section 791.5 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 791.5 Scheduling of board meetings.
(a) * * *
(2) Special meetings. The Chairman shall call special meetings
either on the Chairman's own initiative or within fourteen days of a
request from two Board members that is accompanied by an NCUA B-1 form
and a Board Action Memorandum that states the specific action being
recommended to the Board.
* * * * *
4. Section 791.6 is amended by revising paragraph (a) to read as
follows:
Sec. 791.6 Subject matter of a meeting.
(a) Agenda. The Chairman is responsible for the final order of each
meeting agenda. Items shall be placed on the agenda by determination of
the Chairman or, at the request of any Board Member, an item will be
placed on the agenda of the next regularly scheduled meeting provided
that the request is submitted at least ten days in advance of the next
regularly scheduled meeting and is accompanied by an NCUA B-1 form and
a Board Action Memorandum that states the specific action being
recommended to the Board.
* * * * *
[FR Doc. 97-31716 Filed 12-4-97; 8:45 am]
BILLING CODE 7535-01-P
