Technical Amendments, 34619-34623 [2010-14201]

Download as PDF 34619 Rules and Regulations Federal Register Vol. 75, No. 117 Friday, June 18, 2010 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. B. Regulatory Changes Executive Order 13132 This rule provides minor technical corrections and will not cause any regulatory changes. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. Final Rule Under the Administrative Procedure Act 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. This rule will 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. NCUA has determined that this rule does not constitute a policy that has federalism implications for purposes of the executive order. NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Parts 701, 702, 704, 708a, 708b, 709, 711, 712, 715, 716, 717, 721, 722, 741, 742, 745, 747, 790, 791, 792, 793, and 795 Technical Amendments AGENCY: National Credit Union Administration (NCUA). ACTION: Final rule; technical amendments. SUMMARY: NCUA is amending a number of its regulations to make minor technical corrections. The amendments update the regulations and make other grammatically necessary corrections. The amendments are intended to provide helpful changes to NCUA’s regulations. DATES: This rule is effective June 18, 2010. FOR FURTHER INFORMATION CONTACT: Pamela Yu, Staff Attorney, Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314–3428 or telephone: (703) 518–6540. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with RULES A. Background NCUA continually reviews its regulations to ‘‘update, clarify and simplify existing regulations and eliminate redundant and unnecessary provisions.’’ NCUA Interpretive Rulings and Policy Statement (IRPS) 87–2, Developing and Reviewing Government Regulations. In 2009, NCUA internally reviewed its regulations as part of a publication process and took the opportunity to update, clarify and simplify its regulations. Based on this review, NCUA determined minor revisions to certain regulations would be helpful. VerDate Mar<15>2010 15:56 Jun 17, 2010 Jkt 220001 C. Regulatory Procedures NCUA is issuing this rulemaking as a final rule, effective upon publication. Generally, the Administrative Procedure Act (APA) requires a rulemaking to be published as a notice of proposed rulemaking with the opportunity for public comment, unless the agency for good cause finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553. NCUA believes good cause exists for issuing these amendments without notice and public comment. The amendments in this rule are not substantive but merely technical in that they make minor corrections, provide clarification or update the regulations. Additionally, the APA requires that a final rule must have a delayed effective date of 30 days from the date of publication, except for good cause. 5 U.S.C. 553(d). NCUA also finds good cause to waive the customary 30-day delayed effective date requirement under the APA. 5 U.S.C. 553(d)(3). The rule will, therefore, be effective immediately upon publication. 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 credit unions under ten million dollars in assets). This rule does not impose any regulatory burden. It merely makes non-substantive technical changes to certain sections of NCUA’s regulations. This rule will not have a significant economic impact on a substantial number of small credit unions; thus, a regulatory flexibility analysis is not 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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 The Treasury and General Government Appropriations Act, 1999—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, 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. The Office of Management and Budget has determined that this rule is not a major rule for purposes of SBREFA. As required by SBREFA, NCUA will file the appropriate reports with Congress and the General Accounting Office so this rule may be reviewed. List of Subjects 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. E:\FR\FM\18JNR1.SGM 18JNR1 34620 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 12 CFR Part 702 Credit unions, Reporting and recordkeeping requirements. Claims, Credit unions, Crime, Equal access to justice, Investigations, Lawyers, Penalties. 12 CFR Part 704 Credit unions, Reporting and recordkeeping requirements, Surety bonds. 12 CFR Part 790 Organization and functions (Government agencies). 12 CFR Part 791 Administrative practice and procedure, Sunshine Act. 12 CFR Part 708a Bank deposit insurance, Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 793 Claims. 12 CFR Part 709 Claims, Credit unions. 12 CFR Part 795 Reporting and recordkeeping requirements. 12 CFR Part 711 Antitrust, Credit unions, Holding companies. 12 CFR Part 712 Administrative practice and procedure, Credit unions, Investments, Reporting and recordkeeping requirements. 12 CFR Part 715 Accounting, Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 716 Bank deposit insurance, Consumer protection, Credit unions, Privacy, Reporting and recordkeeping requirements. PART 701—ORGANIZATION AND OPERATIONS OF FEDERAL CREDIT UNIONS 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. 1601, et seq.; 42 U.S.C. 1981 and 3601–3610, Section 701.35 is also authorized by 42 U.S.C. 4311– 4312. § 701.14 [Amended] 2. Section 701.14 is amended by removing in paragraphs (b)(3)(i)(A), (B), and (C) the word ‘‘Camel’’ and adding in its place the word ‘‘CAMEL’’. ■ 12 CFR Part 722 Credit unions, Mortgages, Reporting and recordkeeping requirements. 12 CFR Part 741 Bank deposit insurance, Credit unions, Reporting and recordkeeping requirements. 12 CFR Part 742 Credit unions, Reporting and recordkeeping requirements. srobinson on DSKHWCL6B1PROD with RULES Accordingly, under the authority 12 U.S.C. 1752a, NCUA is amending 12 CFR chapter VI as follows: ■ 1. The authority citation for part 701 continues to read as follows: 12 CFR Part 721 Credit unions. 12 CFR Part 745 Administrative practice and procedure, Bank deposit insurance, Claims, Credit unions. 12 CFR Part 747 Administrative practice and procedure, Bank deposit insurance, 15:56 Jun 17, 2010 By the National Credit Union Administration Board on May 4, 2010. Mary Rupp, Secretary of the Board. ■ 12 CFR Part 717 Consumer protection, Credit unions, Information, Privacy, Reporting and recordkeeping requirements. VerDate Mar<15>2010 Appendix A to Part 701 [Amended] 12 CFR Part 792 Classified information, Confidential business information, Courts, Freedom of information, Government employees, Privacy. 12 CFR Part 708b Bank deposit insurance, Credit unions, Reporting and recordkeeping requirements. Jkt 220001 § 701.21 [Amended] 3. Section 701.21 is amended by: a. Removing in paragraph (b)(1) introductory text the word ‘‘NCUA’s’’ appearing in the first sentence and adding in its place the word ‘‘NCUA’’. ■ b. Removing in paragraph (c)(5) the citation ‘‘§ 723.8 and 723.9’’ and adding in its place the citation ‘‘§§ 723.8 and 723.9’’. ■ c. Removing in paragraph (c)(8)(ii), in the definition of ‘‘Compensation’’, the words ‘‘non monetary’’ and adding in their place the word ‘‘non-monetary’’. ■ d. Removing in paragraph (c)(8)(iii)(D) the words ‘‘non senior management’’ and adding in their place the words ‘‘nonsenior management.’’ ■ ■ PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 e. Removing in paragraph (d)(4) introductory text the word ‘‘or’’ after the word ‘‘obligor’’ and before the word ‘‘endorser.’’ ■ f. Removing in paragraph (d)(5)(iii) the comma after the words ‘‘family member of an official’’ and before the words ‘‘shall not be more favorable’’ in the first sentence. ■ 4. Appendix A to Part 701 is amended by: ■ a. Adding in Article III, Section 5 introductory text a colon after the words ‘‘provided, however, that’’ at the end of the sentence. ■ b. Adding parentheses to enclose the letter ‘‘k’’ in Article IV, Section 4, paragraph (k). ■ PART 702—PROMPT CORRECTIVE ACTION 5. The authority citation for part 702 continues to read as follows: ■ Authority: 12 U.S.C. 1766(a), 1790d. § 702.2 [Amended] 6. Section 702.2 is amended by: a. Adding a period after the section heading ‘‘Definitions’’. ■ b. Adding in paragraph (g) an end parenthesis after the words ‘‘(as defined in paragraph (f) of this section’’. ■ c. Adding in paragraph (g) an end parenthesis after the words ‘‘(as defined by a measure chosen under paragraph (j) of this section’’. ■ ■ § 702.103 [Amended] 7. Section 702.103 introductory text is amended by adding the word ‘‘in’’ after the words ‘‘if the credit union meets both of the following criteria as reflected’’ and before the words ‘‘its most recent Call Report’’ in the first sentence. ■ § 702.204 [Amended] 8. Section 702.204(b)(3) is amended by removing the period after the words ‘‘as provided in § 702.202(b)(3)’’ and adding in its place a semicolon. ■ § 702.205 [Amended] 9. Section 702.205(a)(1) is amended by adding an end parenthesis after the words ‘‘(as defined in § 702.2(b)’’. ■ PART 704—CORPORATE CREDIT UNIONS 10. The authority citation for part 704 continues to read as follows: ■ Authority: 12 U.S.C. 1766(a), 1781, 1789. § 704.5 [Amended] 11. Section 704.5 is amended by: a. Removing in paragraph (d)(4) the semicolon and the word ‘‘and’’ and ■ ■ E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations adding in their place a period after the words ‘‘agent ensures compliance’’ at the end of the second sentence. ■ b. Removing in the introductory text of paragraph (e) the word ‘‘Lending’’ and adding in its place the word ‘‘lending,’’ PART 709—INVOLUNTARY LIQUIDATION OF FEDERAL CREDIT UNIONS AND ADJUDICATION OF CREDITOR CLAIMS INVOLVING FEDERALLY INSURED CREDIT UNIONS IN LIQUIDATION § 704.7 ■ [Amended] 12. Section 704.7 is amended by: ■ a. Removing in paragraph heading (c) the em dash after the words ‘‘Loans to members’’ and adding in its place a period. ■ b. Removing in paragraph heading (d) the em dash after the words ‘‘Loans to nonmembers’’ and adding in its place a period. ■ PART 708a—CONVERSION OF INSURED CREDIT UNIONS TO MUTUAL SAVINGS BANKS 13. The authority citation for part 708a continues to read as follows: ■ Authority: 12 U.S.C. 1757, 1766, 1767, 1786(h), 1787, 1788, 1789, 1789a. § 709.4 § 709.9 19. Section 709.9(f) introductory text is amended by removing the word ‘‘if’’ after the words ‘‘Before the end of the 90-day period beginning on the date a request’’ and before the word ‘‘filed’’ and adding in its place the word ‘‘is’’. § 716.4 [Amended] 27. Section 716.4(f)(1) is amended by adding the paragraph citation ‘‘(a)’’ after the words ‘‘requirements of paragraph’’ and before the words ‘‘of this section.’’ ■ § 716.6 [Amended] 28. Section 716.6(e) paragraph heading is amended by removing the em dash after the word ‘‘Examples’’ and adding in its place a period. ■ PART 717—FAIR CREDIT REPORTING 29. The authority citation for part 717 continues to read as follows: ■ § 717.3 Authority: 12 U.S.C. 1757 and 3201–3208. § 711.2 15. The authority citation for Part 708b continues to read as follows: ■ [Amended] 16. Section 708b.302 is amended by: ■ a. Removing the word ‘‘Insurance’’ in the section heading and adding in its place the word ‘‘insurance’’. ■ b. Adding in paragraph (b) a period after the words ‘‘The board of directors has concluded that the proposed conversion is desirable for the following reasons: (Insert reasons)’’ appearing in the third full paragraph of the form notice, under the subheading ‘‘INSURANCE CONVERSION.’’ ■ c. Adding in paragraph (c) a period after the words ‘‘Please mail or bring it to: (Insert name of independent entity and address)’’ appearing in the first full paragraph of the form ballot. Jkt 220001 21. Section 711.2(e) is amended by adding an end parenthesis after the citation ‘‘(12 U.S.C. 3201)’’ and before the words ‘‘having its principal office located in the United States’’. PART 712—CREDIT UNION SERVICE ORGANIZATIONS (CUSOs) 22. The authority citation for Part 712 continues to read as follows: ■ Authority: 12 U.S.C. 1752(7), 1766, 1785, 1786, 1789. ■ [Amended] ■ PART 708b—MERGERS OF FEDERALLY INSURED CREDIT UNIONS; VOLUNTARY TERMINATION OR CONVERSION OF INSURED STATUS srobinson on DSKHWCL6B1PROD with RULES Authority: 15 U.S.C. 6801 et seq., 12 U.S.C. 1751 et seq. 20. The authority citation for part 711 continues to read as follows: 14. Section 708a.4 is amended by redesignating the second paragraph (b)(4)(ii) as paragraph (b)(4)(iii). 15:56 Jun 17, 2010 26. The authority citation for part 716 continues to read as follows: ■ Authority: 12 U.S.C. 1751 et seq.; 15 U.S.C. 1681a, 1681b, 1681c, 1681m, 1681s, 1681–1, 1681t, 1681w, 6801 and 6805, Pub. L. 108–159, 117 Stat. 1952. ■ [Amended] VerDate Mar<15>2010 [Amended] ■ ■ § 708b [Amended] 18. Section 709.4(a) is amended by removing the word ‘‘therefor’’ and adding in its place the word ‘‘therefore’’. ■ PART 716—PRIVACY OF CONSUMER FINANCIAL INFORMATION PART 711—MANAGEMENT OFFICIAL INTERLOCKS Authority: 12 U.S.C. 1766, 12 U.S.C. 1785(b). § 708a.4 17. The authority citation for part 709 continues to read as follows: 34621 Authority: 12 U.S.C. 1756, 1757(5)(D) and (7)(I), 1766, 1782, 1784, 1785, and 1786. § 712.5 [Amended] [Amended] 30. Section 717.3(l) is amended by adding, in the definition of ‘‘Person’’, a comma after the word ‘‘estate’’ and before the word ‘‘cooperative.’’ ■ § 717.20 [Amended] 31. Section 717.20 section heading is amended by adding a period after the words ‘‘Coverage and definitions.’’ ■ § 717.25 [Amended] 32. Section 717.25(b)(1)(v) is amended by removing the words ‘‘et seq’’ and adding in their place the words ‘‘et seq.’’ ■ § 717.27 [Amended] 33. Section 717.27(c)(2) is amended by removing the words ‘‘et seq’’ and adding in their place the words ‘‘et seq.’’ ■ 23. Section 712.5(c) is amended by removing the words ‘‘Business loan origination’’ and adding in their place the words ‘‘Business loan origination.’’ PART 721—INCIDENTAL POWERS PART 715—SUPERVISORY COMMITTEE AUDITS AND VERIFICATIONS Authority: 12 U.S.C. 1757(17), 1766, and 1789 1781. ■ 34. The authority citation for part 721 continues to read as follows: ■ § 721.3 24. The authority citation for part 715 continues to read as follows: ■ Authority: 12 U.S.C. 1761(b), 1761d, 1782(a)(6). § 715.5 [Amended] 25. Section 715.5(b) is amended by removing the words ‘‘$10 Million’’ before the words ‘‘which does not choose to obtain an audit’’ and adding in its place the word ‘‘$10 million.’’ ■ PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 [Amended] 35. Section 721.3(f) is amended by removing the words ‘‘Web site’’ appearing in the second sentence and adding in their place the word ‘‘website.’’ ■ PART 722—APPRAISALS 36. The authority citation for part 722 continues to read as follows: ■ Authority: 12 U.S.C. 1766, 1789, and 3339. E:\FR\FM\18JNR1.SGM 18JNR1 34622 § 722.2 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations [Amended] 37. Section 722.2(f)(2) is amended by removing the semicolon after the words ‘‘well advised’’ and before the words ‘‘and acting’’ and adding in its place a comma. ■ PART 741—REQUIREMENTS FOR INSURANCE 38. 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. § 741.8 [Amended] 39. Section 741.8(c) is amended by removing the phrase ‘‘regional director’’ appearing in the penultimate sentence and adding in its place the word ‘‘NCUA.’’ ■ PART 742—REGULATORY FLEXIBILITY PROGRAM 40. The authority citation for part 742 continues to read as follows: ■ Authority: 12 U.S.C. 1756, 1766. § 742.4 [Amended] 41. Section 742.4 section heading is amended by removing the word ‘‘Relief’’ and adding in its place the word ‘‘relief.’’ ■ PART 745—SHARE INSURANCE AND APPENDIX Authority: 12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 1790d; 42 U.S.C. 4012a; Pub. L. 101–410; Pub. L. 104–134; Pub. L. 109–351; 12 Stat. 1966. § 747.7 [Amended] 46. Section 747.7(a) is amended by adding the word ‘‘shall’’ after the words ‘‘his or her own counsel’’ and before the words ‘‘sign his or her individual name’’ in the second sentence. ■ § 747.10 [Amended] 47. Section 747.10(c)(3) is amended by removing the word ‘‘processing’’ and adding in its place the word ‘‘proceeding’’. ■ § 747.31 [Amended] 48. Section 747.31 is amended by: a. Removing in the first sentence in paragraph (a) the phrase ‘‘or such order time as parties may agree’’ and adding in its place the phrase ‘‘or such other time as parties may agree.’’ ■ b. Removing in the first sentence in paragraph (a) the phrase ‘‘the recourse and conduct of the proceeding’’ and adding in its place the phrase ‘‘the course and conduct of the proceeding.’’ ■ ■ § 747.39 [Amended] b. Removing the phrase ‘‘the satisfaction of the NCUA Board the he or she has the requisite qualifications’’ appearing at the end of the second sentence and adding in its place the phrase ‘‘the satisfaction of the NCUA Board that he or she has the requisite qualifications.’’ ■ § 747.306 § 747.602 Authority: 12 U.S.C. 1752(5), 1757, 1765, 1766, 1781, 1782, 1787, 1789; Title V, Pub. L. 109–351; 120 Stat. 1966. § 745.9–2 [Amended] 43. Section 745.9–2(a) is amended by enclosing inside the quotation marks the comma appearing after the words ‘‘adequately capitalized.’’ ■ Appendix to Part 745 [Amended] 44. In Appendix to Part 745: a. Section D, Example 1 is amended by removing the citation ‘‘§ 745.10(a)(2) and 745.3’’ appearing in the last sentence and adding in its place the citation ‘‘§§ 745.10(a)(2) and 754.3’’. ■ b. Section D, Example 5 is amended by removing the word ‘‘instrumentally’’ appearing in the second sentence and adding in its place the word ‘‘instrumentality.’’ srobinson on DSKHWCL6B1PROD with RULES ■ ■ PART 747—ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS 45. The authority citation for part 747 continues to read as follows: ■ VerDate Mar<15>2010 15:56 Jun 17, 2010 Jkt 220001 [Amended] 55. Section 747.602(e) is amended by removing the words ‘‘NCUA board’’ appearing in the last sentence and adding in their place the words ‘‘NCUA Board’’. ■ § 747.605 [Amended] 49. Section 747.39(b)(2) is amended by removing the word ‘‘failure’’ and adding in its place the word ‘‘failed’’. 56. Section 747.605(c)(3) is amended by adding the word ‘‘and’’ after the semicolon appearing at the end of the sentence. § 747.40 § 747.606 ■ ■ [Amended] [Amended] 57. Section 747.606(a)(3)(ii) is amended by removing the semicolon appearing at the end of the sentence and adding in its place a period. 50. Section 747.40(a) is amended by removing the word ‘‘proceedings’’ appearing near the end of the sentence and adding in its place the word ‘‘proceeding’’. ■ § 747.203 42. The authority citation for part 745 continues to read as follows: ■ [Amended] 54. Section 747.306 is amended by: a. Removing in paragraph (a) the words ‘‘within 30 says of service’’ appearing in the first sentence and adding in its place the words ‘‘within 30 days of service’’. ■ b. Removing in paragraph (b) the words ‘‘state with particularly’’ appearing in the first sentence and adding in its place the words ‘‘state with particularity’’. ■ ■ ■ ■ [Amended] § 747.607 [Amended] 51. Section 747.203(a) is amended by removing the words ‘‘notice of charges’’ and adding in its place the words ‘‘Notice of Charges’’. 58. Section 747.607 (a) is amended by removing the words ‘‘tax exempt’’ appearing in the first sentence and adding in their place the word ‘‘taxexempt’’. § 747.207 § 747.611 ■ [Amended] 52. Section 747.207 is amended by: a. Removing the word ‘‘years’’ appearing in paragraph 3 of the form notice and adding in its place the word ‘‘year.’’ ■ b. Removing the words ‘‘: Provided, however, That’’ appearing in paragraph 3 of the form notice and adding in their place the words ‘‘; provided, however, that’’. ■ ■ § 747.302 [Amended] 53. Section 747.302(a)(1) is amended by: ■ a. Removing the phrase ‘‘represent the particular party or whose behalf he acts’’ appearing at the end of the first sentence and adding in its place the phrase ‘‘represent the particular party on whose behalf he acts’’. ■ PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 [Amended] 59. Section 747.611 is amended by removing the word ‘‘comment’’ at the end of the last sentence and adding in its place the word ‘‘comments’’. ■ § 747.616 [Amended] 60. Section 747.616 is amended by removing the words ‘‘Office of the Controller’’ wherever they appear and adding in their place the words ‘‘Office of Chief Financial Officer’’. ■ § 747.803 [Amended] 61. Section 747.803 is amended by: a. Removing in paragraph (b)(1)(i) the word ‘‘Handling’’ and adding in its place the word ‘‘Handing’’. ■ b. Removing in paragraph (b)(1)(iv) the words ‘‘Mailing it be’’ and adding in its place the words ‘‘Mailing it by’’. ■ ■ E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations Subpart J—Local Procedures and Standards Applicable to a Notice of Change in Senior Executive Officers, Directors or Committee Members Pursuant to Section 212 of the Act 62. The heading for Subpart J is revised to read as set forth above. ■ § 747.902 [Amended] 63. Section 747.902 is amended by adding commas after the words ‘‘experience’’ and ‘‘character’’. ■ § 747.2003 [Amended] 64. Section 747.2003(b)(4)(iii) is amended by adding the word ‘‘to’’ after the word ‘‘deemed’’ and before the word ‘‘have’’. ■ PART 790—DESCRIPTION OF NCUA; REQUESTS FOR AGENCY ACTION 65. The authority citation for part 790 continues to read as follows: ■ Authority: 12 U.S.C. 1766, 1789, 1795f. 66. Section 790.2 is amended by: a. Removing in paragraph (b)(6) the word ‘‘Administration,’’ appearing in the second sentence. ■ b. Removing in paragraph (b)(13) the words ‘‘Office of Capital Markets and Planning’’ and adding in their place the words ‘‘Office of Capital Markets’’. ■ c. Adding new paragraphs (b)(16) and (17). ■ d. The ‘‘Area within region’’ column of the chart appearing in paragraph (c) is amended by: ■ 1. Adding in the list for ‘‘Region No. I’’ after the word ‘‘Vermont’’ the word ‘‘, Nevada’’. ■ 2. Adding in the list for ‘‘Region No. II’’ after the words ‘‘West Virginia’’ the word ‘‘, California’’. ■ 3. Removing in the list for ‘‘Region No. V’’ the words ‘‘California’’ and ‘‘Nevada’’. The additions read as follows: ■ ■ § 790.2 Central and regional office organization. srobinson on DSKHWCL6B1PROD with RULES * * * * * (b) * * * (16) Office of Consumer Protection. The Office of Consumer Protection contains two divisions, the Division of Consumer Protection and the Division of Consumer Access. The office provides consumer services, including consumer education and complaint resolution; establishes, consolidates, and coordinates consumer protections within the agency; acts as the central liaison on consumer protection with other federal agencies; nationalizes field of membership processing; absorbs centralized chartering activities; and assumes the activities of the agency’s ombudsman. The ombudsman VerDate Mar<15>2010 15:56 Jun 17, 2010 Jkt 220001 investigates complaints and recommends solutions on regulatory issues that cannot be resolved at the regional level. (17) The Office of Chief Economist. The Office of Chief Economist is within the Office of the Executive Director and reports to the Deputy Executive Director. The office analyzes developments in key components of the economy and monitors trends and conditions in the domestic and international markets for money, credit, foreign exchange and commodities, and relates these trends to overall macroeconomic conditions and government monetary and fiscal policies for the purpose of evaluating effects on credit unions. The office provides advice and guidance to the NCUA Board, the Office of the Executive Director, and the Office of Capital Markets. * * * * * PART 791—RULES OF NCUA BOARD PROCEDURE; PROMULGATION OF NCUA RULES AND REGULATIONS; PUBLIC OBSERVATION OF NCUA BOARD MEETINGS 67. The authority citation for part 791 continues to read as follows: ■ Authority: 12 U.S.C. 1766, 1789 and 5 U.S.C. 552b. § 791.4 [Amended] 68. Section 791.4(b)(1) is amended by adding the word ‘‘matters’’ after the word ‘‘sensitive’’. 34623 PART 792—REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT AND PRIVACY ACT, AND BY SUBPOENA 72. The authority citation for part 792 continues to read as follows: ■ Authority: 5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 12958, 60 FR 19825, 3 CFR 1995 Comp., p. 333. § 792.66 [Amended] 73. Section 792.66 is amended by: a. Removing in paragraph (b)(1) the word ‘‘Investigations’’ and adding in its place the word ‘‘investigations’’ appearing at the end of the first sentence. ■ b. Removing in paragraph (b)(3) the word ‘‘Sections’’ appearing in the second sentence and adding in its place the word ‘‘sections’’. ■ c. Removing in paragraph (b)(3) the word ‘‘Section’’ appearing in the third sentence and adding it its place the word ‘‘section’’. ■ d. Removing in paragraph (b)(3) the semicolons and adding in their place a comma where ever they appear. ■ ■ PART 793—TORT CLAIMS AGAINST THE GOVERNMENT ■ § 791.5 Authority: 12 U.S.C. 1766. [Amended] 69. Section 791.5(b)(2)(i) is amended by adding a comma after the words ‘‘In cases of emergency’’ appearing in the last sentence. ■ 70. Section 791.8 is amended by adding new paragraph (f) to read as follows: ■ § 791.8 Promulgation of NCUA rules and regulations. * * * * * (f) NCUA has an Office of Management and Budget (OMB) control number for rulemakings containing an information collection within the meaning of the Paperwork Reduction Act (44 U.S.C. 3501). A list of OMB control numbers is available to the public for review online at http:// www.RegInfo.gov. § 791.12 [Amended] 71. Section 791.12(a)(1)(i) is amended by removing the comma after the words ‘‘foreign policy’’ and before the word ‘‘and’’ and adding in its place a semicolon. ■ PO 00000 74. The authority citation for part 793 continues to read as follows: ■ Frm 00005 Fmt 4700 Sfmt 9990 75. Section 793.4 is amended by: ■ a. Adding paragraph (b) introductory text, after the paragraph heading ‘‘Personal injury.’’. ■ b. Removing in paragraph (d) the word ‘‘therefor’’ appearing in the second sentence and adding in its place the word ‘‘therefore’’. ■ § 793.4 Administrative claims; evidence and information to be submitted. * * * * * (b) Personal injury. In support of a claim based on personal injury, the claimant may be required to submit the following evidence or information: * * * * * PART 795—[REMOVED AND RESERVED] 76. Under the authority of 12 U.S.C. 1752a, remove and reserve part 795. ■ [FR Doc. 2010–14201 Filed 6–17–10; 8:45 am] BILLING CODE 7535–01–P E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Rules and Regulations]
[Pages 34619-34623]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14201]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
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Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules 
and Regulations

[[Page 34619]]



NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Parts 701, 702, 704, 708a, 708b, 709, 711, 712, 715, 716, 
717, 721, 722, 741, 742, 745, 747, 790, 791, 792, 793, and 795


Technical Amendments

AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule; technical amendments.

-----------------------------------------------------------------------

SUMMARY: NCUA is amending a number of its regulations to make minor 
technical corrections. The amendments update the regulations and make 
other grammatically necessary corrections. The amendments are intended 
to provide helpful changes to NCUA's regulations.

DATES: This rule is effective June 18, 2010.

FOR FURTHER INFORMATION CONTACT: Pamela Yu, Staff Attorney, Office of 
General Counsel, National Credit Union Administration, 1775 Duke 
Street, Alexandria, Virginia 22314-3428 or telephone: (703) 518-6540.

SUPPLEMENTARY INFORMATION: 

A. Background

    NCUA continually reviews its regulations to ``update, clarify and 
simplify existing regulations and eliminate redundant and unnecessary 
provisions.'' NCUA Interpretive Rulings and Policy Statement (IRPS) 87-
2, Developing and Reviewing Government Regulations. In 2009, NCUA 
internally reviewed its regulations as part of a publication process 
and took the opportunity to update, clarify and simplify its 
regulations. Based on this review, NCUA determined minor revisions to 
certain regulations would be helpful.

B. Regulatory Changes

    This rule provides minor technical corrections and will not cause 
any regulatory changes.

C. Regulatory Procedures

Final Rule Under the Administrative Procedure Act

    NCUA is issuing this rulemaking as a final rule, effective upon 
publication. Generally, the Administrative Procedure Act (APA) requires 
a rulemaking to be published as a notice of proposed rulemaking with 
the opportunity for public comment, unless the agency for good cause 
finds that notice and public comment are impracticable, unnecessary, or 
contrary to the public interest. 5 U.S.C. 553. NCUA believes good cause 
exists for issuing these amendments without notice and public comment. 
The amendments in this rule are not substantive but merely technical in 
that they make minor corrections, provide clarification or update the 
regulations.
    Additionally, the APA requires that a final rule must have a 
delayed effective date of 30 days from the date of publication, except 
for good cause. 5 U.S.C. 553(d). NCUA also finds good cause to waive 
the customary 30-day delayed effective date requirement under the APA. 
5 U.S.C. 553(d)(3). The rule will, therefore, be effective immediately 
upon publication.

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 credit unions 
under ten million dollars in assets). This rule does not impose any 
regulatory burden. It merely makes non-substantive technical changes to 
certain sections of NCUA's regulations. This rule will not have a 
significant economic impact on a substantial number of small credit 
unions; thus, a regulatory flexibility analysis is not 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.

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. This rule will 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. NCUA has 
determined that this 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 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. The Office of Management and Budget has determined that 
this rule is not a major rule for purposes of SBREFA. As required by 
SBREFA, NCUA will file the appropriate reports with Congress and the 
General Accounting Office so this rule may be reviewed.

List of Subjects

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.

[[Page 34620]]

12 CFR Part 702

    Credit unions, Reporting and recordkeeping requirements.

12 CFR Part 704

    Credit unions, Reporting and recordkeeping requirements, Surety 
bonds.

12 CFR Part 708a

    Bank deposit insurance, 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 711

    Antitrust, Credit unions, Holding companies.

12 CFR Part 712

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

12 CFR Part 715

    Accounting, Credit unions, Reporting and recordkeeping 
requirements.

12 CFR Part 716

    Bank deposit insurance, Consumer protection, Credit unions, 
Privacy, Reporting and recordkeeping requirements.

12 CFR Part 717

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

12 CFR Part 721

    Credit unions.

12 CFR Part 722

    Credit unions, Mortgages, Reporting and recordkeeping requirements.

12 CFR Part 741

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

12 CFR Part 742

    Credit unions, Reporting and recordkeeping requirements.

12 CFR Part 745

    Administrative practice and procedure, Bank deposit insurance, 
Claims, Credit unions.

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 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.

12 CFR Part 793

    Claims.

12 CFR Part 795

    Reporting and recordkeeping requirements.

    By the National Credit Union Administration Board on May 4, 
2010.
Mary Rupp,
Secretary of the Board.

0
Accordingly, under the authority 12 U.S.C. 1752a, NCUA is amending 12 
CFR chapter VI as follows:

PART 701--ORGANIZATION AND OPERATIONS OF FEDERAL CREDIT UNIONS

0
1. 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. 1601, et seq.; 42 U.S.C. 1981 
and 3601-3610, Section 701.35 is also authorized by 42 U.S.C. 4311-
4312.


Sec.  701.14  [Amended]

0
2. Section 701.14 is amended by removing in paragraphs (b)(3)(i)(A), 
(B), and (C) the word ``Camel'' and adding in its place the word 
``CAMEL''.


Sec.  701.21  [Amended]

0
3. Section 701.21 is amended by:
0
a. Removing in paragraph (b)(1) introductory text the word ``NCUA's'' 
appearing in the first sentence and adding in its place the word 
``NCUA''.
0
b. Removing in paragraph (c)(5) the citation ``Sec.  723.8 and 723.9'' 
and adding in its place the citation ``Sec. Sec.  723.8 and 723.9''.
0
c. Removing in paragraph (c)(8)(ii), in the definition of 
``Compensation'', the words ``non monetary'' and adding in their place 
the word ``non-monetary''.
0
d. Removing in paragraph (c)(8)(iii)(D) the words ``non senior 
management'' and adding in their place the words ``non-senior 
management.''
0
e. Removing in paragraph (d)(4) introductory text the word ``or'' after 
the word ``obligor'' and before the word ``endorser.''
0
f. Removing in paragraph (d)(5)(iii) the comma after the words ``family 
member of an official'' and before the words ``shall not be more 
favorable'' in the first sentence.

Appendix A to Part 701 [Amended]

0
4. Appendix A to Part 701 is amended by:
0
a. Adding in Article III, Section 5 introductory text a colon after the 
words ``provided, however, that'' at the end of the sentence.
0
b. Adding parentheses to enclose the letter ``k'' in Article IV, 
Section 4, paragraph (k).

PART 702--PROMPT CORRECTIVE ACTION

0
5. The authority citation for part 702 continues to read as follows:

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


Sec.  702.2  [Amended]

0
6. Section 702.2 is amended by:
0
a. Adding a period after the section heading ``Definitions''.
0
b. Adding in paragraph (g) an end parenthesis after the words ``(as 
defined in paragraph (f) of this section''.
0
c. Adding in paragraph (g) an end parenthesis after the words ``(as 
defined by a measure chosen under paragraph (j) of this section''.


Sec.  702.103  [Amended]

0
7. Section 702.103 introductory text is amended by adding the word 
``in'' after the words ``if the credit union meets both of the 
following criteria as reflected'' and before the words ``its most 
recent Call Report'' in the first sentence.


Sec.  702.204  [Amended]

0
8. Section 702.204(b)(3) is amended by removing the period after the 
words ``as provided in Sec.  702.202(b)(3)'' and adding in its place a 
semicolon.


Sec.  702.205  [Amended]

0
9. Section 702.205(a)(1) is amended by adding an end parenthesis after 
the words ``(as defined in Sec.  702.2(b)''.

PART 704--CORPORATE CREDIT UNIONS

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

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


Sec.  704.5  [Amended]

0
11. Section 704.5 is amended by:
0
a. Removing in paragraph (d)(4) the semicolon and the word ``and'' and

[[Page 34621]]

adding in their place a period after the words ``agent ensures 
compliance'' at the end of the second sentence.
0
b. Removing in the introductory text of paragraph (e) the word 
``Lending'' and adding in its place the word ``lending,''


Sec.  704.7  [Amended]

0
12. Section 704.7 is amended by:
0
a. Removing in paragraph heading (c) the em dash after the words 
``Loans to members'' and adding in its place a period.
0
b. Removing in paragraph heading (d) the em dash after the words 
``Loans to nonmembers'' and adding in its place a period.

PART 708a--CONVERSION OF INSURED CREDIT UNIONS TO MUTUAL SAVINGS 
BANKS

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

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


Sec.  708a.4   [Amended]

0
14. Section 708a.4 is amended by redesignating the second paragraph 
(b)(4)(ii) as paragraph (b)(4)(iii).

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

0
15. The authority citation for Part 708b continues to read as follows:

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


Sec.  708b   [Amended]

0
16. Section 708b.302 is amended by:
0
a. Removing the word ``Insurance'' in the section heading and adding in 
its place the word ``insurance''.
0
b. Adding in paragraph (b) a period after the words ``The board of 
directors has concluded that the proposed conversion is desirable for 
the following reasons: (Insert reasons)'' appearing in the third full 
paragraph of the form notice, under the subheading ``INSURANCE 
CONVERSION.''
0
c. Adding in paragraph (c) a period after the words ``Please mail or 
bring it to: (Insert name of independent entity and address)'' 
appearing in the first full paragraph of the form ballot.

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

0
17. 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.


Sec.  709.4  [Amended]

0
18. Section 709.4(a) is amended by removing the word ``therefor'' and 
adding in its place the word ``therefore''.


Sec.  709.9  [Amended]

0
19. Section 709.9(f) introductory text is amended by removing the word 
``if'' after the words ``Before the end of the 90-day period beginning 
on the date a request'' and before the word ``filed'' and adding in its 
place the word ``is''.

PART 711--MANAGEMENT OFFICIAL INTERLOCKS

0
20. The authority citation for part 711 continues to read as follows:

    Authority:  12 U.S.C. 1757 and 3201-3208.


Sec.  711.2  [Amended]

0
21. Section 711.2(e) is amended by adding an end parenthesis after the 
citation ``(12 U.S.C. 3201)'' and before the words ``having its 
principal office located in the United States''.

PART 712--CREDIT UNION SERVICE ORGANIZATIONS (CUSOs)

0
22. The authority citation for Part 712 continues to read as follows:

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


Sec.  712.5  [Amended]

0
23. Section 712.5(c) is amended by removing the words ``Business loan 
origination'' and adding in their place the words ``Business loan 
origination.''

PART 715--SUPERVISORY COMMITTEE AUDITS AND VERIFICATIONS

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

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


Sec.  715.5  [Amended]

0
25. Section 715.5(b) is amended by removing the words ``$10 Million'' 
before the words ``which does not choose to obtain an audit'' and 
adding in its place the word ``$10 million.''

PART 716--PRIVACY OF CONSUMER FINANCIAL INFORMATION

0
26. The authority citation for part 716 continues to read as follows:

    Authority:  15 U.S.C. 6801 et seq., 12 U.S.C. 1751 et seq.


Sec.  716.4  [Amended]

0
27. Section 716.4(f)(1) is amended by adding the paragraph citation 
``(a)'' after the words ``requirements of paragraph'' and before the 
words ``of this section.''


Sec.  716.6  [Amended]

0
28. Section 716.6(e) paragraph heading is amended by removing the em 
dash after the word ``Examples'' and adding in its place a period.

PART 717--FAIR CREDIT REPORTING

0
29. The authority citation for part 717 continues to read as follows:

    Authority:  12 U.S.C. 1751 et seq.; 15 U.S.C. 1681a, 1681b, 
1681c, 1681m, 1681s, 1681-1, 1681t, 1681w, 6801 and 6805, Pub. L. 
108-159, 117 Stat. 1952.


Sec.  717.3  [Amended]

0
30. Section 717.3(l) is amended by adding, in the definition of 
``Person'', a comma after the word ``estate'' and before the word 
``cooperative.''


Sec.  717.20  [Amended]

0
31. Section 717.20 section heading is amended by adding a period after 
the words ``Coverage and definitions.''


Sec.  717.25  [Amended]

0
32. Section 717.25(b)(1)(v) is amended by removing the words ``et seq'' 
and adding in their place the words ``et seq.''


Sec.  717.27  [Amended]

0
33. Section 717.27(c)(2) is amended by removing the words ``et seq'' 
and adding in their place the words ``et seq.''

PART 721--INCIDENTAL POWERS

0
34. The authority citation for part 721 continues to read as follows:

    Authority:  12 U.S.C. 1757(17), 1766, and 1789 1781.


Sec.  721.3  [Amended]

0
35. Section 721.3(f) is amended by removing the words ``Web site'' 
appearing in the second sentence and adding in their place the word 
``website.''

PART 722--APPRAISALS

0
36. The authority citation for part 722 continues to read as follows:

    Authority:  12 U.S.C. 1766, 1789, and 3339.

[[Page 34622]]

Sec.  722.2  [Amended]

0
37. Section 722.2(f)(2) is amended by removing the semicolon after the 
words ``well advised'' and before the words ``and acting'' and adding 
in its place a comma.

PART 741--REQUIREMENTS FOR INSURANCE

0
38. 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.


Sec.  741.8  [Amended]

0
39. Section 741.8(c) is amended by removing the phrase ``regional 
director'' appearing in the penultimate sentence and adding in its 
place the word ``NCUA.''

PART 742--REGULATORY FLEXIBILITY PROGRAM

0
40. The authority citation for part 742 continues to read as follows:

    Authority:  12 U.S.C. 1756, 1766.


Sec.  742.4  [Amended]

0
41. Section 742.4 section heading is amended by removing the word 
``Relief'' and adding in its place the word ``relief.''

PART 745--SHARE INSURANCE AND APPENDIX

0
42. 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.


Sec.  745.9-2  [Amended]

0
43. Section 745.9-2(a) is amended by enclosing inside the quotation 
marks the comma appearing after the words ``adequately capitalized.''

Appendix to Part 745 [Amended]

0
44. In Appendix to Part 745:
0
a. Section D, Example 1 is amended by removing the citation ``Sec.  
745.10(a)(2) and 745.3'' appearing in the last sentence and adding in 
its place the citation ``Sec. Sec.  745.10(a)(2) and 754.3''.
0
b. Section D, Example 5 is amended by removing the word 
``instrumentally'' appearing in the second sentence and adding in its 
place the word ``instrumentality.''

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

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

    Authority:  12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 
1790d; 42 U.S.C. 4012a; Pub. L. 101-410; Pub. L. 104-134; Pub. L. 
109-351; 12 Stat. 1966.


Sec.  747.7  [Amended]

0
46. Section 747.7(a) is amended by adding the word ``shall'' after the 
words ``his or her own counsel'' and before the words ``sign his or her 
individual name'' in the second sentence.


Sec.  747.10  [Amended]

0
47. Section 747.10(c)(3) is amended by removing the word ``processing'' 
and adding in its place the word ``proceeding''.


Sec.  747.31  [Amended]

0
48. Section 747.31 is amended by:
0
a. Removing in the first sentence in paragraph (a) the phrase ``or such 
order time as parties may agree'' and adding in its place the phrase 
``or such other time as parties may agree.''
0
b. Removing in the first sentence in paragraph (a) the phrase ``the 
recourse and conduct of the proceeding'' and adding in its place the 
phrase ``the course and conduct of the proceeding.''


Sec.  747.39  [Amended]

0
49. Section 747.39(b)(2) is amended by removing the word ``failure'' 
and adding in its place the word ``failed''.


Sec.  747.40  [Amended]

0
50. Section 747.40(a) is amended by removing the word ``proceedings'' 
appearing near the end of the sentence and adding in its place the word 
``proceeding''.


Sec.  747.203  [Amended]

0
51. Section 747.203(a) is amended by removing the words ``notice of 
charges'' and adding in its place the words ``Notice of Charges''.


Sec.  747.207  [Amended]

0
52. Section 747.207 is amended by:
0
a. Removing the word ``years'' appearing in paragraph 3 of the form 
notice and adding in its place the word ``year.''
0
b. Removing the words ``: Provided, however, That'' appearing in 
paragraph 3 of the form notice and adding in their place the words ``; 
provided, however, that''.


Sec.  747.302  [Amended]

0
53. Section 747.302(a)(1) is amended by:
0
a. Removing the phrase ``represent the particular party or whose behalf 
he acts'' appearing at the end of the first sentence and adding in its 
place the phrase ``represent the particular party on whose behalf he 
acts''.
0
b. Removing the phrase ``the satisfaction of the NCUA Board the he or 
she has the requisite qualifications'' appearing at the end of the 
second sentence and adding in its place the phrase ``the satisfaction 
of the NCUA Board that he or she has the requisite qualifications.''


Sec.  747.306  [Amended]

0
54. Section 747.306 is amended by:
0
a. Removing in paragraph (a) the words ``within 30 says of service'' 
appearing in the first sentence and adding in its place the words 
``within 30 days of service''.
0
b. Removing in paragraph (b) the words ``state with particularly'' 
appearing in the first sentence and adding in its place the words 
``state with particularity''.


Sec.  747.602  [Amended]

0
55. Section 747.602(e) is amended by removing the words ``NCUA board'' 
appearing in the last sentence and adding in their place the words 
``NCUA Board''.


Sec.  747.605  [Amended]

0
56. Section 747.605(c)(3) is amended by adding the word ``and'' after 
the semicolon appearing at the end of the sentence.


Sec.  747.606  [Amended]

0
57. Section 747.606(a)(3)(ii) is amended by removing the semicolon 
appearing at the end of the sentence and adding in its place a period.


Sec.  747.607  [Amended]

0
58. Section 747.607 (a) is amended by removing the words ``tax exempt'' 
appearing in the first sentence and adding in their place the word 
``tax-exempt''.


Sec.  747.611  [Amended]

0
59. Section 747.611 is amended by removing the word ``comment'' at the 
end of the last sentence and adding in its place the word ``comments''.


Sec.  747.616  [Amended]

0
60. Section 747.616 is amended by removing the words ``Office of the 
Controller'' wherever they appear and adding in their place the words 
``Office of Chief Financial Officer''.


Sec.  747.803  [Amended]

0
61. Section 747.803 is amended by:
0
a. Removing in paragraph (b)(1)(i) the word ``Handling'' and adding in 
its place the word ``Handing''.
0
b. Removing in paragraph (b)(1)(iv) the words ``Mailing it be'' and 
adding in its place the words ``Mailing it by''.

[[Page 34623]]

Subpart J--Local Procedures and Standards Applicable to a Notice of 
Change in Senior Executive Officers, Directors or Committee Members 
Pursuant to Section 212 of the Act

0
62. The heading for Subpart J is revised to read as set forth above.


Sec.  747.902  [Amended]

0
63. Section 747.902 is amended by adding commas after the words 
``experience'' and ``character''.


Sec.  747.2003  [Amended]

0
64. Section 747.2003(b)(4)(iii) is amended by adding the word ``to'' 
after the word ``deemed'' and before the word ``have''.

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

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

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

0
66. Section 790.2 is amended by:
0
a. Removing in paragraph (b)(6) the word ``Administration,'' appearing 
in the second sentence.
0
b. Removing in paragraph (b)(13) the words ``Office of Capital Markets 
and Planning'' and adding in their place the words ``Office of Capital 
Markets''.
0
c. Adding new paragraphs (b)(16) and (17).
0
d. The ``Area within region'' column of the chart appearing in 
paragraph (c) is amended by:
0
1. Adding in the list for ``Region No. I'' after the word ``Vermont'' 
the word ``, Nevada''.
0
2. Adding in the list for ``Region No. II'' after the words ``West 
Virginia'' the word ``, California''.
0
3. Removing in the list for ``Region No. V'' the words ``California'' 
and ``Nevada''.
    The additions read as follows:


Sec.  790.2  Central and regional office organization.

* * * * *
    (b) * * *
    (16) Office of Consumer Protection. The Office of Consumer 
Protection contains two divisions, the Division of Consumer Protection 
and the Division of Consumer Access. The office provides consumer 
services, including consumer education and complaint resolution; 
establishes, consolidates, and coordinates consumer protections within 
the agency; acts as the central liaison on consumer protection with 
other federal agencies; nationalizes field of membership processing; 
absorbs centralized chartering activities; and assumes the activities 
of the agency's ombudsman. The ombudsman investigates complaints and 
recommends solutions on regulatory issues that cannot be resolved at 
the regional level.
    (17) The Office of Chief Economist. The Office of Chief Economist 
is within the Office of the Executive Director and reports to the 
Deputy Executive Director. The office analyzes developments in key 
components of the economy and monitors trends and conditions in the 
domestic and international markets for money, credit, foreign exchange 
and commodities, and relates these trends to overall macroeconomic 
conditions and government monetary and fiscal policies for the purpose 
of evaluating effects on credit unions. The office provides advice and 
guidance to the NCUA Board, the Office of the Executive Director, and 
the Office of Capital Markets.
* * * * *

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

0
67. 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.  791.4  [Amended]

0
68. Section 791.4(b)(1) is amended by adding the word ``matters'' after 
the word ``sensitive''.


Sec.  791.5  [Amended]

0
69. Section 791.5(b)(2)(i) is amended by adding a comma after the words 
``In cases of emergency'' appearing in the last sentence.

0
70. Section 791.8 is amended by adding new paragraph (f) to read as 
follows:


Sec.  791.8  Promulgation of NCUA rules and regulations.

* * * * *
    (f) NCUA has an Office of Management and Budget (OMB) control 
number for rulemakings containing an information collection within the 
meaning of the Paperwork Reduction Act (44 U.S.C. 3501). A list of OMB 
control numbers is available to the public for review online at http://www.RegInfo.gov.


Sec.  791.12  [Amended]

0
71. Section 791.12(a)(1)(i) is amended by removing the comma after the 
words ``foreign policy'' and before the word ``and'' and adding in its 
place a semicolon.

PART 792--REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION 
ACT AND PRIVACY ACT, AND BY SUBPOENA

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

    Authority:  5 U.S.C. 301, 552, 552a, 552b; 12 U.S.C. 1752a(d), 
1766, 1789, 1795f; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 
235; E.O. 12958, 60 FR 19825, 3 CFR 1995 Comp., p. 333.


Sec.  792.66  [Amended]

0
73. Section 792.66 is amended by:
0
a. Removing in paragraph (b)(1) the word ``Investigations'' and adding 
in its place the word ``investigations'' appearing at the end of the 
first sentence.
0
b. Removing in paragraph (b)(3) the word ``Sections'' appearing in the 
second sentence and adding in its place the word ``sections''.
0
c. Removing in paragraph (b)(3) the word ``Section'' appearing in the 
third sentence and adding it its place the word ``section''.
0
d. Removing in paragraph (b)(3) the semicolons and adding in their 
place a comma where ever they appear.

PART 793--TORT CLAIMS AGAINST THE GOVERNMENT

0
74. The authority citation for part 793 continues to read as follows:

    Authority:  12 U.S.C. 1766.

0
75. Section 793.4 is amended by:
0
a. Adding paragraph (b) introductory text, after the paragraph heading 
``Personal injury.''.
0
b. Removing in paragraph (d) the word ``therefor'' appearing in the 
second sentence and adding in its place the word ``therefore''.


Sec.  793.4  Administrative claims; evidence and information to be 
submitted.

* * * * *
    (b) Personal injury. In support of a claim based on personal 
injury, the claimant may be required to submit the following evidence 
or information:
* * * * *

PART 795--[REMOVED AND RESERVED]

0
76. Under the authority of 12 U.S.C. 1752a, remove and reserve part 
795.

[FR Doc. 2010-14201 Filed 6-17-10; 8:45 am]
BILLING CODE 7535-01-P