Display of Official Sign; Temporary Increase in Standard Maximum Share Insurance Amount; Coverage for Custodial Loan Accounts, 62856-62858 [E8-25124]
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62856
Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations
therefore, will not have a significant
economic impact on a substantial
number of small credit unions and a
regulatory flexibility analysis is not
required.
b. Revise paragraph (f) to read as set
forth below:
■ c. Amend the second sentence in
paragraph (j) by adding ‘‘payroll
services’’ after the phrase ‘‘payroll
deduction,’’.
■
Paperwork Reduction Act
NCUA has determined that the
proposed amendments will not increase
paperwork requirements and a
paperwork reduction analysis is not
required.
Executive Order 13132
Executive Order 13132 encourages
independent regulatory agencies to
consider the impact of their 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. The proposed rule would not
have substantial direct effects on the
states, on the connection between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government. NCUA has
determined that this proposed 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
NCUA has determined that this
proposed rule would not affect family
well-being within the meaning of
section 654 of the Treasury and General
Government Appropriations Act, 1999,
Public Law 105–277, 112 Stat. 2681
(1998).
§ 721.3 What categories of activities are
preapproved as incidental powers
necessary or requisite to carry on a credit
union’s business?
*
*
*
*
*
(f) Finder activities. Finder activities
are activities in which you introduce or
otherwise bring together outside
vendors with your members so that the
two parties may negotiate and
consummate transactions and include
vendors of non-financial products,
vendors that are other financial
institutions, and vendors of financial
products such as insurance and
securities. Finder activities may include
endorsing a product or service,
negotiating group discounts on behalf of
your members, offering third party
products and services to members
through the sale of advertising space on
your Web site, account statements and
receipts, and selling statistical or
consumer financial information to
outside vendors to facilitate the sale of
their products to your members. You
may perform administrative functions
on behalf of vendors to facilitate
transactions between your members and
another institution.
*
*
*
*
*
[FR Doc. E8–25128 Filed 10–21–08; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
List of Subjects in 12 CFR Part 721
Credit unions, Functions, Implied
powers, and Insurance.
12 CFR Parts 740 and 745
By the National Credit Union
Administration Board on October 16, 2008.
Mary Rupp,
Secretary of the Board.
Display of Official Sign; Temporary
Increase in Standard Maximum Share
Insurance Amount; Coverage for
Custodial Loan Accounts
RIN 3133–AD55
For the reasons stated in the preamble,
the National Credit Union
Administration is amending 12 CFR part
721 as set forth below:
■
PART 721—INCIDENTAL POWERS
1. The authority citation for part 721
continues to read as follows:
ebenthall on PROD1PC60 with RULES
■
Authority: 12 U.S.C. 1757(17), 1766 and
1789.
2. Amend § 721.3 as follows:
a. Amend the first sentence in
paragraph (b) by adding the phrase
‘‘including foreign credit unions’’ after
the words ‘‘other credit unions.’’
■
■
VerDate Aug<31>2005
15:16 Oct 21, 2008
Jkt 217001
National Credit Union
Administration (NCUA).
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: NCUA is amending its share
insurance rules to reflect Congress’s
recent action to increase temporarily the
standard maximum share insurance
amount (SMSIA) from $100,000 to
$250,000 and increase coverage for
custodial loan accounts. NCUA also is
providing insured credit unions with
additional options for displaying
NCUA’s official sign.
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This rule is effective October 22,
2008. Written comments must be
received on or before December 22,
2008.
DATES:
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
name] Comments on Share Insurance
Coverage and Official Sign’’ in the email subject line.
• Fax: (703) 518–6319. Use the
subject line described above for e-mail.
• Mail: Address to Mary 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
Web site 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 OGCMail@ncua.gov.
FOR FURTHER INFORMATION CONTACT:
Frank Kressman, Staff Attorney, at the
above address, or telephone: (703) 518–
6540.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
A. Temporary Increase in Share
Insurance Coverage
The Emergency Economic
Stabilization Act of 2008 temporarily
increases the standard maximum share
insurance amount (SMSIA) from
$100,000 to $250,000, effective October
3, 2008 and ending December 31, 2009.
Pub. L. No. 110–343 (October 3, 2008).
After that period, the SMSIA will, by
law, return to $100,000. The interim
final rule amends NCUA’s share
insurance regulations to reflect the
temporary increase in the SMSIA.
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations
B. Custodial Loan Accounts
Until this rulemaking, NCUA insured
custodial loan accounts somewhat
differently from how the Federal
Deposit Insurance Corporation (FDIC)
insured these kinds of accounts, which
FDIC refers to as mortgage servicing
accounts. This interim final rule
changes the topic heading for the
provision currently titled custodial loan
accounts, § 745.3(a)(3), so it will read
‘‘mortgage servicing accounts.’’ Also,
the rule expands share insurance
coverage for this type of account by
insuring the principal and interest
portion of a mortgagor’s payment
separately from the mortgagor’s
individual accounts. As in the current
regulations, the taxes and insurance
premiums portion of a mortgagor’s
payment will continue to be added
together with the mortgagor’s individual
accounts and insured in the aggregate.
This provision will be uniform with the
coverage provided by FDIC.
In brief, NCUA has considered all
portions of a payment, including
principal, interest, taxes, and insurance
premiums, in such an account as the
individually owned funds of the
mortgagor/borrower. NCUA would
aggregate payments with the owner’s
other individual accounts and insure
them on a pass-through basis up to the
SMSIA as a single ownership account.
12 CFR 745.3(a)(3). By contrast, FDIC
considered the principal and interest
portion of a payment in a mortgage
servicing account as owned by and
insured on a pass-through basis for the
interest of the mortgagee/investor or
security holder. FDIC considered the
taxes and insurance premiums portion
of a payment as owned by and insured
on a pass-through basis for the interest
of the mortgagor. FDIC added deposits
for taxes and insurance premiums with
other agency or nominee accounts
where the mortgagor was the principal
and insured them up to the standard
insurance amount for single ownership
accounts. 12 CFR 330.7(d).
FDIC has recently simplified the
manner in which it insures mortgage
servicing accounts because
securitization methods and vehicles for
mortgages have become more layered
and complex, making it more difficult
and time-consuming for a servicer to
identify and determine the share of any
investor in a securitization and in the
principal and interest funds on deposit
at an insured depository institution.
FDIC believes this simplification will
also prevent unexpected losses to
investors who have far in excess of the
current $250,000 per-depositor
insurance limit.
VerDate Aug<31>2005
15:16 Oct 21, 2008
Jkt 217001
Specifically, as a result of its recent
interim final rule, FDIC will provide
insurance coverage on a per-mortgagor/
borrower basis for both principal and
interest payments and payments for
taxes and insurance premiums. This is
how NCUA currently insures mortgage
servicing accounts. FDIC will insure a
mortgagor’s payment of principal and
interest in a mortgage servicing account
on a pass-through basis up to the
current temporary $250,000 limit
separate from any other accounts of that
mortgagor. NCUA believes this
treatment of principal and interest
payments would provide greater and
fairer coverage for credit union members
and will take the same approach in its
share insurance rules. FDIC also will
insure a mortgagor’s payment of taxes
and insurance premiums in a mortgage
servicing account on a pass-through
basis but will add these funds to other
individually owned funds held by that
mortgagor at the same insured
institution up to the current temporary
$250,000 limit. This is how NCUA
currently addresses this situation.
C. Official Sign
The temporary increase in the SMSIA
from $100,000 to $250,000 until
December 31, 2009 calls into question
the usefulness of NCUA’s official sign,
as depicted in Part 740 of NCUA’s rules,
which includes a statement that member
shares are insured to at least $100,000.
Obviously, that understates the actual
temporary coverage limit of $250,000.
NCUA knows from recent experience in
revising the official sign that requiring
credit unions to replace the current sign
with a revised sign would be an
expensive and burdensome process.
NCUA recognizes the need to balance
this burden, which is especially heavy
given the insurance increase is only
temporary, with the need and desire to
inform members they have increased
insurance coverage to $250,000. In this
regard, NCUA will revise its rules to
provide insured credit unions with
maximum flexibility. Specifically,
insured credit unions will have the
option to: (1) Continue to display the
current official sign in Part 740,
reflecting the $100,000 limit, without
penalty; (2) display any other version of
the official sign distributed or approved
by NCUA and appearing on NCUA’s
official Web site through December 31,
2009 that reflects the temporary increase
to $250,000; or (3) alter by hand or
otherwise the current official sign to
make it reflect the increase to $250,000
provided the altered sign is legible and
otherwise complies with Part 740. An
example of how an insured credit union
could alter the sign by hand is to affix
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62857
a sticker that reads ‘‘$250,000’’ over the
portion of the current sign that reads
‘‘$100,000.’’ Also, insured credit unions
that do not change or alter the official
sign can inform members about the
temporary increase in account insurance
through additional signage, for example,
posting a sign in their lobbies or a notice
on their Web sites that for the period
October 3, 2008 through December 31,
2009, accounts are insured for $250,000
per account.
II. Effective Date of the Interim Rule
This interim rule is effective on
October 22, 2008 In this regard, NCUA
invokes the good cause exception to the
requirements in the Administrative
Procedure Act (APA), 5 U.S.C. 553, that
provides, before a rulemaking can be
finalized, it must first be issued for
public comment and, once finalized,
must have a delayed effective date of
thirty days from the publication date.
NCUA believes good cause exists for
making the interim rule effective
immediately. The interim rule complies
with a statutory mandate raising the
SMSIA, provides more share insurance
coverage to credit union members,
provides additional flexibility to credit
unions in displaying the official sign,
and helps to maintain parity between
NCUA’s share insurance program and
FDIC’s deposit insurance program.
For these reasons, NCUA has
determined that the public notice and
participation that ordinarily are
required by the APA before a regulation
may take effect would, in this case, be
contrary to the public interest and that
good cause exists for waiving the
customary 30-day delayed effective
date. Nevertheless, NCUA desires to
have the benefit of public comment
before adopting a permanent final rule
and, thus, invites interested parties to
submit comments during a 60-day
comment period. In adopting the final
regulation, NCUA will revise the
interim rule, if appropriate, in light of
the comments received on the interim
rule.
III. Regulatory Procedures
Regulatory Flexibility Act
The Regulatory Flexibility Act
requires NCUA to prepare an analysis to
describe any significant economic
impact a rule may have on a substantial
number of small entities (primarily
those under ten million dollars in
assets). This interim final rule
implements enhanced share insurance
coverage and provides flexibility to
credit unions. Accordingly, it will not
have a significant economic impact on
a substantial number of small credit
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Rules and Regulations
unions, and therefore, no regulatory
flexibility analysis is required.
Paperwork Reduction Act
NCUA has determined that this rule
will not increase paperwork
requirements under the Paperwork
Reduction Act of 1995 and regulations
of the Office of Management and
Budget.
The Treasury and General Government
Appropriations Act, 1999—Assessment
of Federal Regulations and Policies on
Families
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, 1999, Public Law
105–277, 112 Stat. 2681 (1998).
Small Business Regulatory Enforcement
Fairness Act
The Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121) (SBREFA) 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. NCUA
does not believe this interim final rule
is a ‘‘major rule’’ within the meaning of
the relevant sections of SBREFA. NCUA
has submitted the rule to the Office of
Management and Budget for its
determination in that regard.
List of Subjects
12 CFR Part 740
Advertisements, Credit unions, Signs
and symbols.
12 CFR Part 745
Credit unions, Share insurance.
By the National Credit Union
Administration Board, this 15th day of
October 2008.
Mary F. Rupp,
Secretary of the Board.
For the reasons discussed above,
NCUA amends 12 CFR parts 740 and
745 as follows:
PART 740—ACCURACY OF
ADVERTISING AND NOTICE OF
INSURED STATUS
1. The authority citation for part 740
continues to read as follows:
■
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Authority: 12 U.S.C. 1766, 1781, 1789.
2. Section 740.4(b)(1) is amended by
adding a new sentence to the end to
read as follows:
■
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*
Requirements for the official sign.
*
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*
*
15:16 Oct 21, 2008
Jkt 217001
PART 745—SHARE INSURANCE AND
APPENDIX
3. 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.
4. Section 745.1(e) is revised to read
as follows:
■
§ 745.1
Definitions.
*
*
*
*
*
(e) The term ‘‘standard maximum
share insurance amount,’’ referred to as
the ‘‘SMSIA’’ hereafter, means $250,000
from October 3, 2008, until December
31, 2009. Effective January 1, 2010, the
SMSIA means $100,000 adjusted
pursuant to subparagraph (F) of section
11(a)(1) of the Federal Deposit Insurance
Act (12 U.S.C. 1821(a)(1)(F)). All
examples in this part use $100,000 as
the SMSIA.
■ 5. Section 745.3(a)(3) is revised to
read as follows:
§ 745.3
■
§ 740.4
(b) * * *
(1) * * * To address the temporary
increase through December 31, 2009 in
the standard maximum share insurance
amount as defined in § 745.1(e) of this
chapter, insured credit unions may
continue to display the official sign
depicted in paragraph (b) of this section
but should inform members of the
increased coverage through additional
signage indicating the temporary
increase in coverage, display other
versions of the official sign distributed
or approved by NCUA and appearing on
NCUA’s official Web site, or alter by
hand or otherwise the official sign
depicted in paragraph (b) of this section
for that purpose provided the altered
sign is legible and otherwise complies
with this part.
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*
*
*
*
Single ownership accounts.
(a) * * *
(3) Mortgage servicing accounts.
Accounts maintained by a mortgage
servicer, in a custodial or other
fiduciary capacity, which are comprised
of payments by mortgagors of principal
and interest, shall be insured for the
cumulative amount paid into the
account by the mortgagors, up to a limit
of the SMSIA per mortgagor. Accounts
maintained by a mortgage servicer, in a
custodial or other fiduciary capacity,
which are comprised of payments by
mortgagors of taxes and insurance
premiums shall be added together and
insured in accordance with paragraph
(a)(2) of this section for the ownership
interest of each mortgagor in such
accounts. This provision is effective as
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of October 22, 2008 for all existing and
future mortgage servicing accounts.
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[FR Doc. E8–25124 Filed 10–21–08; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF COMMERCE
Economic Development Administration
13 CFR Parts 300, 301, 302, 303, 305,
307, 308, 310, 314 and 315
[Docket No.: 080213181–8811–01]
RIN 0610–AA64
Revisions to the EDA Regulations
Economic Development
Administration, Department of
Commerce.
ACTION: Interim final rule.
AGENCY:
SUMMARY: The Economic Development
Administration (‘‘EDA’’) published final
regulations in the Federal Register on
September 27, 2006. In March 2007, the
Office of the Inspector General (‘‘OIG’’)
published a report titled Aggressive EDA
Leadership and Oversight Needed to
Correct Persistent Problems in the RLF
Program. In the time since the
publication of this report, EDA has
made significant improvements in the
management and oversight of its
revolving loan fund (‘‘RLF’’) program,
including the issuance of written
guidance that provides EDA staff with
reasonable steps to help better ensure
grantee compliance with RLF
requirements. EDA is publishing this
interim final rule (this ‘‘IFR’’) to
synchronize the RLF regulations with
that guidance. Additionally, EDA is
publishing this IFR to make changes to
certain definitions in the Trade
Adjustment Assistance for Firms
Program regulations set out in 13 CFR
part 315. This IFR also provides notice
of other substantive and non-substantive
revisions made to the EDA regulations.
DATES: The effective date of this IFR is
October 22, 2008. Comments on this IFR
must be received by EDA’s Office of
Chief Counsel no later than 5 p.m.
E.S.T. on December 22, 2008. Although
these regulations are effective as of date
of publication in the Federal Register,
EDA solicits and welcomes any
comments on the regulations discussed
herein.
ADDRESSES: You may submit comments,
identified by Docket No. 080213181–
8811–01, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E:\FR\FM\22OCR1.SGM
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Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Rules and Regulations]
[Pages 62856-62858]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25124]
-----------------------------------------------------------------------
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Parts 740 and 745
RIN 3133-AD55
Display of Official Sign; Temporary Increase in Standard Maximum
Share Insurance Amount; Coverage for Custodial Loan Accounts
AGENCY: National Credit Union Administration (NCUA).
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: NCUA is amending its share insurance rules to reflect
Congress's recent action to increase temporarily the standard maximum
share insurance amount (SMSIA) from $100,000 to $250,000 and increase
coverage for custodial loan accounts. NCUA also is providing insured
credit unions with additional options for displaying NCUA's official
sign.
DATES: This rule is effective October 22, 2008. Written comments must
be received on or before December 22, 2008.
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
name] Comments on Share Insurance Coverage and Official Sign'' in the
e-mail subject line.
Fax: (703) 518-6319. Use the subject line described above
for e-mail.
Mail: Address to Mary 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 Web site 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 OGCMail@ncua.gov.
FOR FURTHER INFORMATION CONTACT: Frank Kressman, Staff Attorney, at the
above address, or telephone: (703) 518-6540.
SUPPLEMENTARY INFORMATION:
I. Background
A. Temporary Increase in Share Insurance Coverage
The Emergency Economic Stabilization Act of 2008 temporarily
increases the standard maximum share insurance amount (SMSIA) from
$100,000 to $250,000, effective October 3, 2008 and ending December 31,
2009. Pub. L. No. 110-343 (October 3, 2008). After that period, the
SMSIA will, by law, return to $100,000. The interim final rule amends
NCUA's share insurance regulations to reflect the temporary increase in
the SMSIA.
[[Page 62857]]
B. Custodial Loan Accounts
Until this rulemaking, NCUA insured custodial loan accounts
somewhat differently from how the Federal Deposit Insurance Corporation
(FDIC) insured these kinds of accounts, which FDIC refers to as
mortgage servicing accounts. This interim final rule changes the topic
heading for the provision currently titled custodial loan accounts,
Sec. 745.3(a)(3), so it will read ``mortgage servicing accounts.''
Also, the rule expands share insurance coverage for this type of
account by insuring the principal and interest portion of a mortgagor's
payment separately from the mortgagor's individual accounts. As in the
current regulations, the taxes and insurance premiums portion of a
mortgagor's payment will continue to be added together with the
mortgagor's individual accounts and insured in the aggregate. This
provision will be uniform with the coverage provided by FDIC.
In brief, NCUA has considered all portions of a payment, including
principal, interest, taxes, and insurance premiums, in such an account
as the individually owned funds of the mortgagor/borrower. NCUA would
aggregate payments with the owner's other individual accounts and
insure them on a pass-through basis up to the SMSIA as a single
ownership account. 12 CFR 745.3(a)(3). By contrast, FDIC considered the
principal and interest portion of a payment in a mortgage servicing
account as owned by and insured on a pass-through basis for the
interest of the mortgagee/investor or security holder. FDIC considered
the taxes and insurance premiums portion of a payment as owned by and
insured on a pass-through basis for the interest of the mortgagor. FDIC
added deposits for taxes and insurance premiums with other agency or
nominee accounts where the mortgagor was the principal and insured them
up to the standard insurance amount for single ownership accounts. 12
CFR 330.7(d).
FDIC has recently simplified the manner in which it insures
mortgage servicing accounts because securitization methods and vehicles
for mortgages have become more layered and complex, making it more
difficult and time-consuming for a servicer to identify and determine
the share of any investor in a securitization and in the principal and
interest funds on deposit at an insured depository institution. FDIC
believes this simplification will also prevent unexpected losses to
investors who have far in excess of the current $250,000 per-depositor
insurance limit.
Specifically, as a result of its recent interim final rule, FDIC
will provide insurance coverage on a per-mortgagor/borrower basis for
both principal and interest payments and payments for taxes and
insurance premiums. This is how NCUA currently insures mortgage
servicing accounts. FDIC will insure a mortgagor's payment of principal
and interest in a mortgage servicing account on a pass-through basis up
to the current temporary $250,000 limit separate from any other
accounts of that mortgagor. NCUA believes this treatment of principal
and interest payments would provide greater and fairer coverage for
credit union members and will take the same approach in its share
insurance rules. FDIC also will insure a mortgagor's payment of taxes
and insurance premiums in a mortgage servicing account on a pass-
through basis but will add these funds to other individually owned
funds held by that mortgagor at the same insured institution up to the
current temporary $250,000 limit. This is how NCUA currently addresses
this situation.
C. Official Sign
The temporary increase in the SMSIA from $100,000 to $250,000 until
December 31, 2009 calls into question the usefulness of NCUA's official
sign, as depicted in Part 740 of NCUA's rules, which includes a
statement that member shares are insured to at least $100,000.
Obviously, that understates the actual temporary coverage limit of
$250,000. NCUA knows from recent experience in revising the official
sign that requiring credit unions to replace the current sign with a
revised sign would be an expensive and burdensome process. NCUA
recognizes the need to balance this burden, which is especially heavy
given the insurance increase is only temporary, with the need and
desire to inform members they have increased insurance coverage to
$250,000. In this regard, NCUA will revise its rules to provide insured
credit unions with maximum flexibility. Specifically, insured credit
unions will have the option to: (1) Continue to display the current
official sign in Part 740, reflecting the $100,000 limit, without
penalty; (2) display any other version of the official sign distributed
or approved by NCUA and appearing on NCUA's official Web site through
December 31, 2009 that reflects the temporary increase to $250,000; or
(3) alter by hand or otherwise the current official sign to make it
reflect the increase to $250,000 provided the altered sign is legible
and otherwise complies with Part 740. An example of how an insured
credit union could alter the sign by hand is to affix a sticker that
reads ``$250,000'' over the portion of the current sign that reads
``$100,000.'' Also, insured credit unions that do not change or alter
the official sign can inform members about the temporary increase in
account insurance through additional signage, for example, posting a
sign in their lobbies or a notice on their Web sites that for the
period October 3, 2008 through December 31, 2009, accounts are insured
for $250,000 per account.
II. Effective Date of the Interim Rule
This interim rule is effective on October 22, 2008 In this regard,
NCUA invokes the good cause exception to the requirements in the
Administrative Procedure Act (APA), 5 U.S.C. 553, that provides, before
a rulemaking can be finalized, it must first be issued for public
comment and, once finalized, must have a delayed effective date of
thirty days from the publication date. NCUA believes good cause exists
for making the interim rule effective immediately. The interim rule
complies with a statutory mandate raising the SMSIA, provides more
share insurance coverage to credit union members, provides additional
flexibility to credit unions in displaying the official sign, and helps
to maintain parity between NCUA's share insurance program and FDIC's
deposit insurance program.
For these reasons, NCUA has determined that the public notice and
participation that ordinarily are required by the APA before a
regulation may take effect would, in this case, be contrary to the
public interest and that good cause exists for waiving the customary
30-day delayed effective date. Nevertheless, NCUA desires to have the
benefit of public comment before adopting a permanent final rule and,
thus, invites interested parties to submit comments during a 60-day
comment period. In adopting the final regulation, NCUA will revise the
interim rule, if appropriate, in light of the comments received on the
interim rule.
III. Regulatory Procedures
Regulatory Flexibility Act
The Regulatory Flexibility Act requires NCUA to prepare an analysis
to describe any significant economic impact a rule may have on a
substantial number of small entities (primarily those under ten million
dollars in assets). This interim final rule implements enhanced share
insurance coverage and provides flexibility to credit unions.
Accordingly, it will not have a significant economic impact on a
substantial number of small credit
[[Page 62858]]
unions, and therefore, no regulatory flexibility analysis is required.
Paperwork Reduction Act
NCUA has determined that this rule will not increase paperwork
requirements under the Paperwork Reduction Act of 1995 and regulations
of the Office of Management and Budget.
The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families
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, 1999, Public Law 105-277, 112 Stat. 2681
(1998).
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act of 1996
(Pub. L. 104-121) (SBREFA) 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. NCUA does not believe this interim final rule is a ``major
rule'' within the meaning of the relevant sections of SBREFA. NCUA has
submitted the rule to the Office of Management and Budget for its
determination in that regard.
List of Subjects
12 CFR Part 740
Advertisements, Credit unions, Signs and symbols.
12 CFR Part 745
Credit unions, Share insurance.
By the National Credit Union Administration Board, this 15th day
of October 2008.
Mary F. Rupp,
Secretary of the Board.
0
For the reasons discussed above, NCUA amends 12 CFR parts 740 and 745
as follows:
PART 740--ACCURACY OF ADVERTISING AND NOTICE OF INSURED STATUS
0
1. The authority citation for part 740 continues to read as follows:
Authority: 12 U.S.C. 1766, 1781, 1789.
0
2. Section 740.4(b)(1) is amended by adding a new sentence to the end
to read as follows:
Sec. 740.4 Requirements for the official sign.
* * * * *
(b) * * *
(1) * * * To address the temporary increase through December 31,
2009 in the standard maximum share insurance amount as defined in Sec.
745.1(e) of this chapter, insured credit unions may continue to display
the official sign depicted in paragraph (b) of this section but should
inform members of the increased coverage through additional signage
indicating the temporary increase in coverage, display other versions
of the official sign distributed or approved by NCUA and appearing on
NCUA's official Web site, or alter by hand or otherwise the official
sign depicted in paragraph (b) of this section for that purpose
provided the altered sign is legible and otherwise complies with this
part.
* * * * *
PART 745--SHARE INSURANCE AND APPENDIX
0
3. 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.
0
4. Section 745.1(e) is revised to read as follows:
Sec. 745.1 Definitions.
* * * * *
(e) The term ``standard maximum share insurance amount,'' referred
to as the ``SMSIA'' hereafter, means $250,000 from October 3, 2008,
until December 31, 2009. Effective January 1, 2010, the SMSIA means
$100,000 adjusted pursuant to subparagraph (F) of section 11(a)(1) of
the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)(F)). All
examples in this part use $100,000 as the SMSIA.
0
5. Section 745.3(a)(3) is revised to read as follows:
Sec. 745.3 Single ownership accounts.
(a) * * *
(3) Mortgage servicing accounts. Accounts maintained by a mortgage
servicer, in a custodial or other fiduciary capacity, which are
comprised of payments by mortgagors of principal and interest, shall be
insured for the cumulative amount paid into the account by the
mortgagors, up to a limit of the SMSIA per mortgagor. Accounts
maintained by a mortgage servicer, in a custodial or other fiduciary
capacity, which are comprised of payments by mortgagors of taxes and
insurance premiums shall be added together and insured in accordance
with paragraph (a)(2) of this section for the ownership interest of
each mortgagor in such accounts. This provision is effective as of
October 22, 2008 for all existing and future mortgage servicing
accounts.
* * * * *
[FR Doc. E8-25124 Filed 10-21-08; 8:45 am]
BILLING CODE 7535-01-P