04-4314. Organization and Operations of Federal Credit Unions; Description of NCUA  

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    AGENCY:

    National Credit Union Administration (NCUA).

    ACTION:

    Final rule.

    SUMMARY:

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

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    EFFECTIVE DATE:

    January 1, 2004.

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    FOR FURTHER INFORMATION CONTACT:

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

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    SUPPLEMENTARY INFORMATION:

    The NCUA Board is amending parts 701 and 790 of its regulations, to conform them to the restructuring of NCUA's regional office locations. 12 CFR parts 701, 790. The NCUA is transitioning from six regional offices to five, and relocating its California office to Arizona. The new regional structure is effective January 1, 2004, but we note that the Lisle, Illinois office will remain open until April 3, 2004. In part 701, the office addresses are found in Appendix C to NCUA's Interpretive Ruling and Policy Statement (IRPS) 03-1.

    The Board is also amending part 790 to reflect that, while the NCUA Board has ultimate responsibility for all equal employment opportunity programs within NCUA, the Board has delegated responsibility to NCUA's Executive Director to be Director of EEO.

    Regulatory Procedures

    Final Rule Under the Administrative Procedure Act

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

    Effective Date

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

    Regulatory Flexibility Act

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

    Small Business Regulatory Enforcement Fairness Act

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

    Paperwork Reduction Act

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

    Executive Order 13132 Statement

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

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

    The NCUA has determined that this final rule will not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Pub. L. 105-277, 112 Stat. 2681 (1998).

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    List of Subjects in 12 CFR Parts 701 and 790

    • Credit unions
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    By the National Credit Union Administration Board on February 20, 2004.

    Becky Baker,

    Secretary of the Board.

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

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    PART 701—ORGANIZATION AND OPERATION OF FEDERAL CREDIT UNIONS

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

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    Authority: 12 U.S.C. 1752(5), 1755, 1756, 1757, 1759, 1761a, 1761b, 1766, 1767, 1782, 1784, 1787, 1789.

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    Section 701.6 is also authorized by 15 U.S.C. 3717.

    Section 701.31 is also authorized by 15 U.S.C. 1601, et seq., 42 U.S.C. 1981 and 3601-3610.

    Section 701.35 is also authorized by 12 U.S.C. 4311-4312.

    Note:

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

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

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    Appendix C.—NCUA Offices

    Central Office

    1775 Duke Street

    Alexandria, VA 22314-3428

    Commercial: 703-518-6300

    Region I—Albany

    9 Washington Square

    Washington Avenue Extension

    Albany, NY 12205-5512

    Commercial: 518-862-7400

    FAX: 518-862-7420

    ConnecticutMaine
    MassachusettsMichigan
    New HampshireNew York
    Rhode IslandVermont

    Region II—Capital

    1775 Duke Street, Suite 4206

    Alexandria, VA 22314-3437

    Commercial: 703-519-4600

    FAX: 703-519-4620

    DelawareDistrict of Columbia
    MarylandNew Jersey
    PennsylvaniaVirginia
    West Virginia

    Region III—Atlanta

    7000 Central Parkway, Suite 1600

    Atlanta, GA 30328-4598

    Commercial: 678-443-3000

    FAX: 678-443-3020

    AlabamaFlorida
    GeorgiaIndiana
    KentuckyMississippi
    North CarolinaOhio
    Puerto RicoSouth Carolina
    TennesseeVirgin Islands

    Region IV—Austin

    4807 Spicewood Springs Road, Suite 5200

    Austin, TX 78759-8490

    Commercial: 512-342-5600

    FAX: 512-342-5620

    ArkansasIllinois
    IowaKansas
    LouisianaMinnesota
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    MissouriNebraska
    North DakotaOklahoma
    South DakotaTexas
    Wisconsin

    Region V—Tempe

    1230 W. Washington Street, Suite 301

    Tempe, AZ 85281

    Commercial: 602-302-6000

    FAX: 602-302-6024

    AlaskaArizona
    American SamoaCalifornia
    ColoradoGuam
    HawaiiIdaho
    MontanaNevada
    New MexicoOregon
    UtahWashington
    Wyoming
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    PART 790—DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION

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

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

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    4. Amend § 790.2 as follows:

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    a. Revise paragraph (a);

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    b. Add a new sentence at the end of paragraph (b)(6); and

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    c. Revise paragraph (c)(1).

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    Central and Regional Office Organization.

    (a) General organization. NCUA is composed of the Board with a Central Office in Alexandria, Virginia, five Regional Offices, the Asset Management and Assistance Center, the Community Development Revolving Loan Program, and the NCUA Central Liquidity Facility (CLF).

    (b) * * *

    (6) * * * The Executive Director also serves as the agency's Director of Equal Employment Opportunity (EEO).

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    (c) Regional Offices.

    (1) NCUA's programs are conducted through five Regional Offices:

    Region No.Area within regionOffice address
    IConnecticut, Maine, Massachusetts, Michigan, New Hampshire, Michigan, New Hampshire, New York, Rhode Island, Vermont9 Washington Square, Washington Avenue Extension, Albany, NY 12205-5512.
    IIDelaware, District of Columbia, Maryland, New Jersey, Pennsylvania, Virginia, West Virginia1775 Duke Street, Suite 4206, Alexandria, VA 22314-3437.
    IIIAlabama, Florida, Georgia, Indiana, Kentucky, Mississippi, North Carolina, Ohio, Puerto Rico, South Carolina, Tennessee, Virgin Islands7000 Central Parkway, Suite 1600, Atlanta, GA 30328-4598.
    IVArkansas, Illinois, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin4807 Spicewood Springs Road, Suite 5200, Austin, TX 78759-8490.
    VAlaska, Arizona, American Samoa, California, Colorado, Guam, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming1230 W. Washington Street, Suite 301, Tempe, AZ 85281.
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    [FR Doc. 04-4314 Filed 2-26-04; 8:45 am]

    BILLING CODE 7533-01-P

Document Information

Effective Date:
1/1/2004
Published:
02/27/2004
Department:
National Credit Union Administration
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
04-4314
Dates:
January 1, 2004.
Pages:
9199-9201 (3 pages)
PDF File:
04-4314.pdf
CFR: (2)
12 CFR 701.1
12 CFR 790.2