Request for Burden Reduction Recommendation; Rules Relating to Agency Programs, Capital, and Corporate Credit Unions; Economic Growth and Regulatory Paperwork Reduction Act of 1996 Review, 75986-75988 [05-24368]
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rwilkins on PROD1PC63 with PROPOSALS
75986
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules
season as a result of the suspension of
regulations and assessment obligations.
The Committee met on September 7,
2005, to evaluate the industry situation
since the regulations were suspended.
As previously discussed, planted
acreage continued to decline and the
number of melon growers and handlers
also continued to decline during the
2004–05 season. In addition, no new
varieties were introduced to improve
the quality and make South Texas
melons more competitive with other
producing areas. The Committee
believes that there is no longer a need
for the order, and therefore
unanimously recommended its
termination.
Suspension of regulations, reporting
requirements, and assessment
collections was continued for an
indefinite period, and the one remaining
reporting requirement regarding planted
acreage was also suspended indefinitely
pursuant to publication in the Federal
Register on October 5, 2005 (70 FR
57995). No comments were received as
a result of that publication and a final
rule was published in the Federal
Register on December 7, 2005 (70 FR
72699). The rule continued to relieve
handlers of regulatory requirements
while USDA evaluated the Committee’s
recommendation for terminating the
order.
This proposal would reduce the
regulatory burden on handlers under the
marketing order. There are no other
viable alternatives to this proposal.
This proposed termination of the
order is intended to solicit input and
any additional information available
from interested parties on whether the
order should be terminated. USDA will
evaluate all available information prior
to making a final determination on this
matter.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
requirements being suspended by this
rule were approved previously by the
Office of Management and Budget
(OMB) and assigned OMB No. 0581–
0178, Vegetable and Specialty Crops.
Suspension of all the reporting
requirements under the order is
expected to reduce the reporting burden
on small or large South Texas melon
handlers by 24.90 hours, and should
further reduce industry expenses.
Handlers are no longer required to file
any forms with the Committee. This
proposed rule would thus not impose
any additional reporting or
recordkeeping requirements on either
small or large melon handlers. As with
all Federal marketing order programs,
reports and forms are periodically
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16:34 Dec 21, 2005
Jkt 205001
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
In addition, USDA has not identified
any relevant Federal rules that
duplicate, overlap or conflict with this
rule.
Further, the Committee’s meeting was
widely publicized throughout the melon
industry and all interested persons were
invited to attend the meeting and
participate in Committee deliberations.
Like all Committee meetings, the
September 16, 2004, meeting and the
September 7, 2005 meeting were public
meetings and all entities, both large and
small, were able to express their views
on this issue. Finally, interested persons
are invited to submit information on the
regulatory and informational impacts of
this action on small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
This rule invites comments on the
proposed termination of Marketing
Order 979 covering melons grown in
South Texas. All written comments
timely received will be considered
before a final determination is made on
this matter.
Based on the foregoing, and pursuant
to § 608c(16)(A) of the Act and § 979.84
of the Order, USDA is considering
termination of the order. If USDA
decides to terminate the order, trustees
would be appointed to conclude and
liquidate the affairs of the Committee,
and would continue in that capacity
until discharged by USDA. In addition,
USDA would notify Congress 60 days in
advance of termination pursuant to
§ 608c(16)(A) of the Act.
List of Subjects in 7 CFR Part 979
Marketing agreements, Melons,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 979 is proposed to
be removed.
PART 979—[REMOVED]
1. The authority citation for 7 CFR
part 979 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Accordingly, 7 CFR part 979 is
removed.
PO 00000
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Fmt 4702
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Dated: December 16, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–24339 Filed 12–21–05; 8:45 am]
BILLING CODE 3410–02–M
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Chap. VII
Request for Burden Reduction
Recommendation; Rules Relating to
Agency Programs, Capital, and
Corporate Credit Unions; Economic
Growth and Regulatory Paperwork
Reduction Act of 1996 Review
National Credit Union
Administration (NCUA).
ACTION: Notice of regulatory review;
request for comments.
AGENCY:
SUMMARY: The NCUA Board is
continuing its review of its regulations
to identify outdated, unnecessary, or
unduly burdensome regulatory
requirements imposed on federallyinsured credit unions pursuant to the
Economic Growth and Regulatory
Paperwork Reduction Act of 1996
(EGRPRA). NCUA requests comments
and suggestions on ways to reduce
burden in regulations that govern
agency programs, capital and corporate
credit unions, consistent with our
statutory obligations. All comments are
welcome. This is the final notice in the
ten-year regulatory review required by
EGRPRA.
NCUA will analyze the comments
received and propose burden reducing
changes to its regulations where
appropriate. Some suggestions for
burden reduction might require
legislative changes. Where legislative
changes would be required, NCUA will
consider the suggestions in
recommending appropriate changes to
Congress.
Comments must be received on
or before March 22, 2006.
ADDRESSES: You may submit comments
by any of the following methods (Please
send comments by one method only):
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• NCUA Web Site: https://
www.ncua.gov/
RegulationsOpinionsLaws/
proposed_regs/proposed_regs.html.
Follow the instructions for submitting
comments.
• E-mail: Address to
regcomments@ncua.gov. Include ‘‘[Your
DATES:
E:\FR\FM\22DEP1.SGM
22DEP1
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules
name] Comments on Sixth EGRPRA
Notice’’ in the e-mail subject line.
• Fax: (703) 518–6319. Use the
subject line described above for e-mail.
• Mail: Address to Mary F. Rupp,
Secretary of the Board, National Credit
Union Administration, 1775 Duke
Street, Alexandria, Virginia 22314–
3428.
• Hand Delivery/Courier: Same as
mail address.
Public inspection: All public
comments are available on the agency’s
website at https://www.ncua.gov/
RegulationsOpinionsLaws/comments as
submitted, except as may not be
possible for technical reasons. Public
comments will not be edited to remove
any identifying or contact information.
Paper copies of comments may be
inspected in NCUA’s law library, at
1775 Duke Street, Alexandria, Virginia
22314, by appointment weekdays
between 9 a.m. and 3 p.m. To make an
appointment, call (703) 518–6546 or
send an e-mail to OGC_Mail @ncua.gov.
FOR FURTHER INFORMATION CONTACT: Ross
P. Kendall, Staff Attorney, Office of
General Counsel, at the above address or
telephone (703) 518–6562.
SUPPLEMENTARY INFORMATION:
rwilkins on PROD1PC63 with PROPOSALS
I. Introduction
NCUA seeks public comment and
suggestions on ways it can reduce
regulatory burdens consistent with our
statutory obligations. This notice
requests comments to help identify
which requirements in three regulatory
categories—Agency Programs, Capital,
and Corporate Credit Unions—are
outdated, unnecessary, or unduly
burdensome. The rules in these
categories are listed in a chart at the end
of this notice. The EGRPRA review
supplements and complements the
reviews of regulations that NCUA
conducts under other laws and its
internal policies.
NCUA specifically invites comment
on the following issues: Whether
statutory changes are needed; whether
the regulations contain requirements
that are not needed to serve the
purposes of the statutes they implement;
the extent to which the regulations may
adversely affect competition; the cost of
compliance associated with reporting,
recordkeeping, and disclosure
requirements, particularly on small
credit unions; whether any regulatory
requirements are inconsistent or
redundant; and whether any regulations
are unclear.
Commenters should note that NCUA
has recommended that Congress
consider amending provisions of the
Federal Credit Union Act governing
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16:34 Dec 21, 2005
Jkt 205001
capital requirements for federally
insured credit unions. Congress last
amended the law in 1998 to impose
certain ‘‘prompt corrective action’’
requirements for credit unions, based on
their capital ratios. The proposed
amendments would make credit union
capital standards more comparable with
other federally insured financial
institutions and would provide greater
enforcement flexibility to NCUA. More
information about the proposed
legislation is available at the NCUA Web
site, https://www.ncua.gov, under the
heading of ‘‘Legislation’’ in the left hand
menu on the home page.
In drafting this notice, the NCUA
participated in the EGRPRA planning
process with the Office of the
Comptroller of the Currency, Board of
Governors of the Federal Reserve
System, Federal Deposit Insurance
Corporation, and Office of Thrift
Supervision (Agencies). Because of the
unique circumstances of federallyinsured credit unions and their
members, NCUA is issuing a separate
notice from the Agencies, which are
issuing a joint notice. NCUA’s notice is
consistent and comparable with the
joint notice, although there are
differences. For example, credit unions
are not covered under the Community
Reinvestment Act, and so this notice
makes no reference to that subject.
Similarly, the Agencies have no
category similar to NCUA’s corporate
credit union category, so their notice
does not include that subject.
II. A. The EGRPRA review
requirements and NCUA’s proposed
plan
This is the sixth and final notice in
the multi-year regulatory review
required by section 2222 of EGRPRA.1
NCUA described the review
requirements in its initial Federal
Register notice, published on July 3,
2003 (68 FR 39863). As noted at that
time, NCUA anticipates that the
EGRPRA review’s overall focus on the
‘‘forest’’ of regulations will offer a new
perspective in identifying opportunities
to reduce regulatory burden.
Nevertheless, NCUA’s efforts to reduce
regulatory burden must be consistent
with applicable statutory mandates and
provide for the continued safety and
soundness of federally-insured credit
unions and appropriate consumer
protections.
The EGRPRA review required that
NCUA categorize its regulations by type.
Our July 3, 2003, Federal Register
1 Public Law 104–208, div. A, title II, § 2222, 110
Stat. 3009–414; codified at 12 U.S.C. 3311.
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75987
publication identified ten broad
categories for our regulations.
The categories are:
1. Applications and Reporting
2. Powers and Activities
3. Agency Programs
4. Capital
5. Consumer Protection
6. Corporate Credit Unions
7. Directors, Officers and Employees
8. Money Laundering
9. Rules of Procedure
10. Safety and Soundness
To spread the work of commenting on
and reviewing the categories of rules
over a reasonable period of time, NCUA
proposed to publish one or more
categories of rules approximately every
six months between 2003 and 2006 and
provide a 90-day comment period for
each publication. NCUA asked for
comment on all aspects of our plan,
including: the categories, the rules in
each category, and the order in which
we should review the categories.
Because NCUA was eager to begin
reducing unnecessary burden where
appropriate, the initial notice also
published the first two categories of
rules for comment (Applications and
Reporting and Powers and Activities).
NCUA published its second notice,
soliciting comment on consumer
protection rules in the lending area, on
February 4, 2004 (69 FR 5300); its third
notice, relating to other consumer
protection rules, on July 8, 2004 (69 FR
41202); its fourth notice, relating to
safety and soundness and anti-money
laundering, on February 4, 2005 (70 FR
5946); and its fifth notice, relating to
directors, officers and employees and
rules of procedure, on July 7, 2005 (70
FR 39202). All covered categories of
rules must be published for comment
and reviewed by the end of September
2006.
The EGRPRA review then requires the
Agencies to: (1) Publish a summary of
the comments, identifying and
discussing the significant issues raised
in them; and (2) eliminate unnecessary
regulatory requirements. Within 30 days
after the Agencies publish the comment
summary and discussion, the Federal
Financial Institutions Examination
Council (FFIEC), which is an
interagency body to which all of the
Agencies belong, must submit a report
to Congress. This report will summarize
significant issues raised by the public
comments and the relative merits of
those issues. It will also analyze
whether the appropriate federal
financial institution regulatory agency
can address the burdens by regulation,
or whether the burdens must be
addressed by legislation.
E:\FR\FM\22DEP1.SGM
22DEP1
75988
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Proposed Rules
B. Public Response and NCUA’s Current
Plan
NCUA received eight comments in
response to its first notice, four
comments in response to its second
notice, six in response to the third
notice, eleven in response to the fourth
notice, and five in response to the fifth
notice. The comments have been posted
on the interagency EGRPRA Web site,
https://www.EGRPRA.gov, and can be
viewed by clicking on ‘‘Comments.’’
NCUA is actively reviewing the coments
received about specific ways to reduce
regulatory burden, as well as conducting
its own analyses. Because the main
purpose of this notice is to request
comment on the next category of
regulations, NCUA will not discuss
specific recommendations received in
response to earlier notices here. As
NCUA develops initiatives to reduce
burden on specific subjects in the
future—whether through regulatory,
legislative, or other channels—it will
discuss the public’s recommendations
that relate to its proposed actions.
rwilkins on PROD1PC63 with PROPOSALS
III. Request for Comment on Agency
Programs, Capital and Corporate Credit
Union Categories
NCUA is asking the public to identify
the ways in which the rules in the
category of Agency Programs, Capital
and Corporate Credit Unions may be
outdated, unnecessary, or unduly
burdensome. If the implementation of a
comment would require modifying a
statute that underlies the regulation, the
comment should, if possible, identify
the needed statutory change. NCUA
encourages comments that not only deal
with individual rules or requirements
but also pertain to certain product lines.
A product line approach is consistent
with EGRPRA’s focus on how rules
interact, and may be especially helpful
in exposing redundant or potentially
inconsistent regulatory requirements.
NCUA recognizes that commenters
using a product line approach may want
to make recommendations about rules
that are not in the current request for
comment. They should do so since the
EGRPRA categories are designed to
stimulate creative approaches rather
than limiting them.
Specific issues to consider. While all
comments are welcome, NCUA
specifically invites comment on the
following issues:
• Need for statutory change. Do any
of the statutory requirements underlying
these regulations impose redundant,
conflicting or otherwise unduly
burdensome requirements? Are there
less burdensome alternatives?
VerDate Aug<31>2005
16:34 Dec 21, 2005
Jkt 205001
• Need and purpose of the
regulations. Are the regulations
consistent with the purposes of the
statutes that they implement? Have
circumstances changed so that the
regulation is no longer necessary? Do
changes in the financial products and
services offered to consumers suggest a
need to revise certain regulations or
statutes? Do any of the regulations
impose compliance burdens not
required by the statutes they
implement?
• General approach/flexibility.
Generally, is there a different approach
to regulating that NCUA could use that
would achieve statutory goals while
imposing less burden? Do any of the
regulations in this category or the
statutes underlying them impose
unnecessarily inflexible requirements?
• Effect of the regulations on
competition. Do any of the regulations
in this category or the statutes
underlying them create competitive
disadvantages for credit unions
compared to another part of the
financial services industry?
• Reporting, recordkeeping and
disclosure requirements. Do any of the
regulations in this category or the
statutes underlying them impose
particularly burdensome reporting,
recordkeeping or disclosure
requirements? Are any of these
requirements similar enough in purpose
and use so that they could be
consolidated? What, if any, of these
requirements could be fulfilled
electronically to reduce their burden?
Are any of the reporting or
recordkeeping requirements
unnecessary to demonstrate compliance
with the law?
• Consistency and redundancy. Do
any of the regulations in this category
impose inconsistent or redundant
regulatory requirements that are not
warranted by the purposes of the
regulation?
• Clarity. Are the regulations in this
category drafted in clear and easily
understood language?
• Burden on small insured
institutions. NCUA has a particular
interest in minimizing burden on small
insured credit unions (those with less
than $10 million in assets). More than
half of federally-insured credit unions
are small—having $10 million in assets
or less—as defined by NCUA in
Interpretative Ruling and Policy
Statement 03–2, Developing and
Reviewing Government Regulations.
NCUA solicits comment on how any
regulations in this category could be
changed to minimize any significant
economic impact on a substantial
number of small credit unions.
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Frm 00022
Fmt 4702
Sfmt 4702
NCUA appreciates the efforts of all
interested parties to help us eliminate
outdated, unnecessary or unduly
burdensome regulatory requirements.
IV. Regulations About Which Burden
Reduction Recommendations Are
Requested Currently
AGENCY PROGRAMS, CAPITAL, AND
CORPORATE CREDIT UNIONS
Subject
Community Development Revolving Loan
Program.
Central Liquidity Facility
Designation of low-income status; receipt
of secondary capital
accounts by low-income designated
credit unions.
Prompt Corrective Action.
Adequacy of Reserves
Corporate Credit Unions
Code of Federal
Regulations (CFR)
Citation
12 CFR Part 705.
12 CFR Part 725.
12 CFR 701.34.
12 CFR Part 702.
12 CFR 741.3(a).
12 CFR Part 704.
By the National Credit Union
Administration Board on December 15, 2005.
Mary F. Rupp,
Secretary of the Board.
[FR Doc. 05–24368 Filed 12–21–05; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 310, 341, and 357
[Docket Nos. 1976N–0052N (formerly
1976N–052N) and 1981N–0022 (formerly
81N–0022)]
RIN 0910–AF34, 0910–AF45
Phenylpropanolamine-Containing Drug
Products for Over-the-Counter Human
Use; Tentative Final Monographs
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice of proposed rule.
SUMMARY: The Food and Drug
Administration (FDA) is issuing a notice
of proposed rulemaking (notice) for
over-the-counter (OTC) nasal
decongestant and weight control drug
products containing
phenylpropanolamine preparations.
This proposed rule reclassifies
phenylpropanolamine preparations
from their previously proposed
monograph status (Category I) for these
uses to nonmonograph (Category II)
E:\FR\FM\22DEP1.SGM
22DEP1
Agencies
[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Proposed Rules]
[Pages 75986-75988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24368]
=======================================================================
-----------------------------------------------------------------------
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Chap. VII
Request for Burden Reduction Recommendation; Rules Relating to
Agency Programs, Capital, and Corporate Credit Unions; Economic Growth
and Regulatory Paperwork Reduction Act of 1996 Review
AGENCY: National Credit Union Administration (NCUA).
ACTION: Notice of regulatory review; request for comments.
-----------------------------------------------------------------------
SUMMARY: The NCUA Board is continuing its review of its regulations to
identify outdated, unnecessary, or unduly burdensome regulatory
requirements imposed on federally-insured credit unions pursuant to the
Economic Growth and Regulatory Paperwork Reduction Act of 1996
(EGRPRA). NCUA requests comments and suggestions on ways to reduce
burden in regulations that govern agency programs, capital and
corporate credit unions, consistent with our statutory obligations. All
comments are welcome. This is the final notice in the ten-year
regulatory review required by EGRPRA.
NCUA will analyze the comments received and propose burden reducing
changes to its regulations where appropriate. Some suggestions for
burden reduction might require legislative changes. Where legislative
changes would be required, NCUA will consider the suggestions in
recommending appropriate changes to Congress.
DATES: Comments must be received on or before March 22, 2006.
ADDRESSES: You may submit comments by any of the following methods
(Please send comments by one method only):
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
NCUA Web Site: https://www.ncua.gov/
RegulationsOpinionsLaws/proposed_regs/proposed_regs.html. Follow the
instructions for submitting comments.
E-mail: Address to regcomments@ncua.gov. Include ``[Your
[[Page 75987]]
name] Comments on Sixth EGRPRA Notice'' in the e-mail subject line.
Fax: (703) 518-6319. Use the subject line described above
for e-mail.
Mail: Address to Mary F. Rupp, Secretary of the Board,
National Credit Union Administration, 1775 Duke Street, Alexandria,
Virginia 22314-3428.
Hand Delivery/Courier: Same as mail address.
Public inspection: All public comments are available on the
agency's website at https://www.ncua.gov/RegulationsOpinionsLaws/
comments as submitted, except as may not be possible for technical
reasons. Public comments will not be edited to remove any identifying
or contact information. Paper copies of comments may be inspected in
NCUA's law library, at 1775 Duke Street, Alexandria, Virginia 22314, by
appointment weekdays between 9 a.m. and 3 p.m. To make an appointment,
call (703) 518-6546 or send an e-mail to OGC--Mail @ncua.gov.
FOR FURTHER INFORMATION CONTACT: Ross P. Kendall, Staff Attorney,
Office of General Counsel, at the above address or telephone (703) 518-
6562.
SUPPLEMENTARY INFORMATION:
I. Introduction
NCUA seeks public comment and suggestions on ways it can reduce
regulatory burdens consistent with our statutory obligations. This
notice requests comments to help identify which requirements in three
regulatory categories--Agency Programs, Capital, and Corporate Credit
Unions--are outdated, unnecessary, or unduly burdensome. The rules in
these categories are listed in a chart at the end of this notice. The
EGRPRA review supplements and complements the reviews of regulations
that NCUA conducts under other laws and its internal policies.
NCUA specifically invites comment on the following issues: Whether
statutory changes are needed; whether the regulations contain
requirements that are not needed to serve the purposes of the statutes
they implement; the extent to which the regulations may adversely
affect competition; the cost of compliance associated with reporting,
recordkeeping, and disclosure requirements, particularly on small
credit unions; whether any regulatory requirements are inconsistent or
redundant; and whether any regulations are unclear.
Commenters should note that NCUA has recommended that Congress
consider amending provisions of the Federal Credit Union Act governing
capital requirements for federally insured credit unions. Congress last
amended the law in 1998 to impose certain ``prompt corrective action''
requirements for credit unions, based on their capital ratios. The
proposed amendments would make credit union capital standards more
comparable with other federally insured financial institutions and
would provide greater enforcement flexibility to NCUA. More information
about the proposed legislation is available at the NCUA Web site,
https://www.ncua.gov, under the heading of ``Legislation'' in the left
hand menu on the home page.
In drafting this notice, the NCUA participated in the EGRPRA
planning process with the Office of the Comptroller of the Currency,
Board of Governors of the Federal Reserve System, Federal Deposit
Insurance Corporation, and Office of Thrift Supervision (Agencies).
Because of the unique circumstances of federally-insured credit unions
and their members, NCUA is issuing a separate notice from the Agencies,
which are issuing a joint notice. NCUA's notice is consistent and
comparable with the joint notice, although there are differences. For
example, credit unions are not covered under the Community Reinvestment
Act, and so this notice makes no reference to that subject. Similarly,
the Agencies have no category similar to NCUA's corporate credit union
category, so their notice does not include that subject.
II. A. The EGRPRA review requirements and NCUA's proposed plan
This is the sixth and final notice in the multi-year regulatory
review required by section 2222 of EGRPRA.\1\ NCUA described the review
requirements in its initial Federal Register notice, published on July
3, 2003 (68 FR 39863). As noted at that time, NCUA anticipates that the
EGRPRA review's overall focus on the ``forest'' of regulations will
offer a new perspective in identifying opportunities to reduce
regulatory burden. Nevertheless, NCUA's efforts to reduce regulatory
burden must be consistent with applicable statutory mandates and
provide for the continued safety and soundness of federally-insured
credit unions and appropriate consumer protections.
---------------------------------------------------------------------------
\1\ Public Law 104-208, div. A, title II, Sec. 2222, 110 Stat.
3009-414; codified at 12 U.S.C. 3311.
---------------------------------------------------------------------------
The EGRPRA review required that NCUA categorize its regulations by
type. Our July 3, 2003, Federal Register publication identified ten
broad categories for our regulations.
The categories are:
1. Applications and Reporting
2. Powers and Activities
3. Agency Programs
4. Capital
5. Consumer Protection
6. Corporate Credit Unions
7. Directors, Officers and Employees
8. Money Laundering
9. Rules of Procedure
10. Safety and Soundness
To spread the work of commenting on and reviewing the categories of
rules over a reasonable period of time, NCUA proposed to publish one or
more categories of rules approximately every six months between 2003
and 2006 and provide a 90-day comment period for each publication. NCUA
asked for comment on all aspects of our plan, including: the
categories, the rules in each category, and the order in which we
should review the categories. Because NCUA was eager to begin reducing
unnecessary burden where appropriate, the initial notice also published
the first two categories of rules for comment (Applications and
Reporting and Powers and Activities). NCUA published its second notice,
soliciting comment on consumer protection rules in the lending area, on
February 4, 2004 (69 FR 5300); its third notice, relating to other
consumer protection rules, on July 8, 2004 (69 FR 41202); its fourth
notice, relating to safety and soundness and anti-money laundering, on
February 4, 2005 (70 FR 5946); and its fifth notice, relating to
directors, officers and employees and rules of procedure, on July 7,
2005 (70 FR 39202). All covered categories of rules must be published
for comment and reviewed by the end of September 2006.
The EGRPRA review then requires the Agencies to: (1) Publish a
summary of the comments, identifying and discussing the significant
issues raised in them; and (2) eliminate unnecessary regulatory
requirements. Within 30 days after the Agencies publish the comment
summary and discussion, the Federal Financial Institutions Examination
Council (FFIEC), which is an interagency body to which all of the
Agencies belong, must submit a report to Congress. This report will
summarize significant issues raised by the public comments and the
relative merits of those issues. It will also analyze whether the
appropriate federal financial institution regulatory agency can address
the burdens by regulation, or whether the burdens must be addressed by
legislation.
[[Page 75988]]
B. Public Response and NCUA's Current Plan
NCUA received eight comments in response to its first notice, four
comments in response to its second notice, six in response to the third
notice, eleven in response to the fourth notice, and five in response
to the fifth notice. The comments have been posted on the interagency
EGRPRA Web site, https://www.EGRPRA.gov, and can be viewed by clicking
on ``Comments.'' NCUA is actively reviewing the coments received about
specific ways to reduce regulatory burden, as well as conducting its
own analyses. Because the main purpose of this notice is to request
comment on the next category of regulations, NCUA will not discuss
specific recommendations received in response to earlier notices here.
As NCUA develops initiatives to reduce burden on specific subjects in
the future--whether through regulatory, legislative, or other
channels--it will discuss the public's recommendations that relate to
its proposed actions.
III. Request for Comment on Agency Programs, Capital and Corporate
Credit Union Categories
NCUA is asking the public to identify the ways in which the rules
in the category of Agency Programs, Capital and Corporate Credit Unions
may be outdated, unnecessary, or unduly burdensome. If the
implementation of a comment would require modifying a statute that
underlies the regulation, the comment should, if possible, identify the
needed statutory change. NCUA encourages comments that not only deal
with individual rules or requirements but also pertain to certain
product lines. A product line approach is consistent with EGRPRA's
focus on how rules interact, and may be especially helpful in exposing
redundant or potentially inconsistent regulatory requirements. NCUA
recognizes that commenters using a product line approach may want to
make recommendations about rules that are not in the current request
for comment. They should do so since the EGRPRA categories are designed
to stimulate creative approaches rather than limiting them.
Specific issues to consider. While all comments are welcome, NCUA
specifically invites comment on the following issues:
Need for statutory change. Do any of the statutory
requirements underlying these regulations impose redundant, conflicting
or otherwise unduly burdensome requirements? Are there less burdensome
alternatives?
Need and purpose of the regulations. Are the regulations
consistent with the purposes of the statutes that they implement? Have
circumstances changed so that the regulation is no longer necessary? Do
changes in the financial products and services offered to consumers
suggest a need to revise certain regulations or statutes? Do any of the
regulations impose compliance burdens not required by the statutes they
implement?
General approach/flexibility. Generally, is there a
different approach to regulating that NCUA could use that would achieve
statutory goals while imposing less burden? Do any of the regulations
in this category or the statutes underlying them impose unnecessarily
inflexible requirements?
Effect of the regulations on competition. Do any of the
regulations in this category or the statutes underlying them create
competitive disadvantages for credit unions compared to another part of
the financial services industry?
Reporting, recordkeeping and disclosure requirements. Do
any of the regulations in this category or the statutes underlying them
impose particularly burdensome reporting, recordkeeping or disclosure
requirements? Are any of these requirements similar enough in purpose
and use so that they could be consolidated? What, if any, of these
requirements could be fulfilled electronically to reduce their burden?
Are any of the reporting or recordkeeping requirements unnecessary to
demonstrate compliance with the law?
Consistency and redundancy. Do any of the regulations in
this category impose inconsistent or redundant regulatory requirements
that are not warranted by the purposes of the regulation?
Clarity. Are the regulations in this category drafted in
clear and easily understood language?
Burden on small insured institutions. NCUA has a
particular interest in minimizing burden on small insured credit unions
(those with less than $10 million in assets). More than half of
federally-insured credit unions are small--having $10 million in assets
or less--as defined by NCUA in Interpretative Ruling and Policy
Statement 03-2, Developing and Reviewing Government Regulations. NCUA
solicits comment on how any regulations in this category could be
changed to minimize any significant economic impact on a substantial
number of small credit unions.
NCUA appreciates the efforts of all interested parties to help us
eliminate outdated, unnecessary or unduly burdensome regulatory
requirements.
IV. Regulations About Which Burden Reduction Recommendations Are
Requested Currently
Agency Programs, Capital, and Corporate Credit Unions
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Code of Federal Regulations
Subject (CFR) Citation
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Community Development Revolving Loan 12 CFR Part 705.
Program.
Central Liquidity Facility............ 12 CFR Part 725.
Designation of low-income status; 12 CFR 701.34.
receipt of secondary capital accounts
by low-income designated credit
unions.
Prompt Corrective Action.............. 12 CFR Part 702.
Adequacy of Reserves 12 CFR 741.3(a).
Corporate Credit Unions............... 12 CFR Part 704.
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By the National Credit Union Administration Board on December
15, 2005.
Mary F. Rupp,
Secretary of the Board.
[FR Doc. 05-24368 Filed 12-21-05; 8:45 am]
BILLING CODE 7535-01-P