Guidelines for the Supervisory Review Committee, 3674-3677 [2011-1090]

Download as PDF 3674 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Notices —Recommendation Preparation and Discussion DATES: Tuesday, February 8, 2011, 2 p.m.–3:30 p.m., Local Time. The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. Visitors will need to show a valid picture identification such as a driver’s license to enter the NASA Headquarters building (West Lobby— Visitor Control Center), and must state that they are attending the NASA Advisory Council Space Operations Committee meeting in the Space Operations Center room 7C61 before receiving an access badge. All non-U.S citizens must fax a copy of their passport, and print or type their name, current address, citizenship, company affiliation (if applicable) to include address, telephone number, and their title, place of birth, date of birth, U.S. visa information to include type, number, and expiration date, U.S. Social Security Number (if applicable), and place and date of entry into the U.S., fax to Jacob Keaton, NASA Advisory Council Space Operations Committee Executive Secretary, FAX: (202) 358– 3934, by no later than Tuesday, February 1, 2011. To expedite admittance, attendees with U.S. citizenship can provide identifying information no later than 12 p.m., local time, February 4, 2011, by contacting Jacob Keaton via e-mail at jacob.keaton@nasa.gov or by telephone at (202) 358–1507 or fax: (202) 358– 3934. ADDRESSES: Dated: January 13, 2011. P. Diane Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. 2011–1152 Filed 1–19–11; 8:45 am] BILLING CODE 7510–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (11–006)] NASA Advisory Council; Commercial Space Committee; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting. mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration announces a meeting of the Commercial Space Committee to the NASA Advisory Council. SUMMARY: VerDate Mar<15>2010 18:24 Jan 19, 2011 Jkt 223001 NASA Headquarters, 300 E Street, SW., Glennan Conference Center, Room 1Q39, Washington, DC 20546. FOR FURTHER INFORMATION CONTACT: Mr. John Emond, Office of Chief Technologist, National Aeronautics and Space Administration, Washington, DC 20546, Phone 202–358–1686, fax: 202– 358–3878, john.l.emond@nasa.gov. In recognition of an upcoming meeting of the NASA Advisory Council, this Commercial Space Committee meeting will focus on potential observations, findings, and recommendations of the Committee to the NASA Advisory Council regarding NASA’s implementation of programs to enable development of commercially viable space transportation capabilities. This deliberation will reflect on fact-finding presentations the Committee has received to date. The Committee may also explore other areas of commercial activities apart from commercial launch and transportation systems in their discussion. The meeting will be open to the public up to the seating capacity of the room. It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants. Visitors will need to show a valid picture identification such as a driver’s license to enter the NASA Headquarters building (West Lobby— Visitor Control Center), and must state that they are attending the NASA Advisory Council Commercial Space Committee meeting in the Glennan Conference Center room 1Q39 before receiving an access badge. All non-U.S citizens must fax a copy of their passport, and print or type their name, current address, citizenship, company affiliation (if applicable) to include address, telephone number, and their title, place of birth, date of birth, U.S. visa information to include type, number, and expiration date, U.S. Social Security Number (if applicable), and place and date of entry into the U.S., fax to John Emond, NASA Advisory Council Commercial Space Committee Executive Secretary, FAX: (202) 358– 3878, by no later than Tuesday, February 1, 2011. To expedite admittance, attendees with U.S. citizenship can provide identifying information 3 working days in advance by contacting John Emond via e-mail at john.l.emond@nasa.gov or by telephone at (202) 358–1686 or fax: (202) 358– 3878. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 Dated: January 13, 2011. P. Diane Rausch, Advisory Committee Management Office, National Aeronautics and Space Administration. [FR Doc. 2011–1153 Filed 1–19–11; 8:45 am] BILLING CODE 7510–13–P NATIONAL CREDIT UNION ADMINISTRATION [IRPS 11–1] Guidelines for the Supervisory Review Committee National Credit Union Administration (NCUA). ACTION: Interim final Interpretative Ruling and Policy Statement 11–1, ‘‘Supervisory Review Committee’’ (IRPS 11–1). AGENCY: This policy statement combines two Interpretative Ruling and Policy Statements (IRPSs) and adds denials of technical assistance grant (TAG) reimbursements to the types of determinations that credit unions may appeal to NCUA’s Supervisory Review Committee. This new IRPS will replace the earlier IRPSs addressing the Supervisory Review Committee. DATES: This IRPS is effective January 20, 2011. Comments must be received by February 22, 2011. ADDRESSES: You may submit comments by any of the following methods (Please send comments by one method only): • NCUA Web site: http:// www.ncua.gov/news/proposed_regs/ proposed_regs.html. Follow the instructions for submitting comments. • E-mail: Address to regcomments@ncua.gov. Include ‘‘[Your name] Comments on IRPS 11–1’’ 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 http://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 SUMMARY: E:\FR\FM\20JAN1.SGM 20JAN1 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Notices 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: Dave Marquis, Executive Director or Justin M. Anderson, Staff Attorney, Office of General Counsel, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314–3428, or telephone: (703) 518– 6320 (Dave Marquis) or (703) 518–6540 (Justin Anderson). SUPPLEMENTARY INFORMATION: A. Background Pursuant to Section 309(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Riegle Act), Public Law 103–325, § 309(a), 108 Stat. 2160 (1994), the NCUA Board (Board) adopted guidelines that established an independent appellate process to review material supervisory determinations, entitled ‘‘Supervisory Review Committee’’ (IRPS 95–1). 60 FR 14795 (March 20, 1995). Through IRPS 95–1, NCUA established a Supervisory Review Committee (Committee) consisting of three senior staff members to hear appeals of material supervisory determinations. IRPS 95–1 defined material supervisory determinations to include determinations on composite CAMEL ratings of 3, 4 and 5, all component ratings of those composite ratings, significant loan classifications and adequacy of loan loss reserves. The Board noted in the preamble to IRPS 95–1, however, that it would consider expanding the disputes covered by the Committee’s review process at a later date. 60 FR 14795, 14796 (March 20, 1995). In 2002, the Board amended IRPS 95–1 by issuing IRPS 02–1, which added Regulatory Flexibility designation determinations to the list of material supervisory determinations credit unions may appeal to the Committee. mstockstill on DSKH9S0YB1PROD with NOTICES B. Technical Assistance Grant Reimbursement Denials Amendment Under Part 705 of NCUA’s regulations, qualifying credit unions can apply for loans or Technical Assistance Grants (TAGs) from the Community Development Revolving Loan Fund for Credit Unions. As outlined in the 2010 NCUA Office of Small Credit Union Initiatives’ (OSCUI) Technical Assistance Grant Guidelines (http:// www.ncua.gov/Resources/ CreditUnionDevelopment/Files/ Programs/Grants/2010/ GeneralGuidelines.pdf), qualifying credit unions that have applied for and been granted a TAG may purchase VerDate Mar<15>2010 18:24 Jan 19, 2011 Jkt 223001 goods or spend the funds, up to the amount of the grant in accordance with the purpose of the grant as articulated in the credit union’s application. After making expenditures, a credit union must submit copies of receipts and proof of payment to NCUA for reimbursement. The Director of OSCUI may deny a request for reimbursements if the credit union fails to remit the necessary documentation, the expenditure is not in furtherance of the purpose of the grant, or the expenditure is for a restricted category of purchases currently as identified in the 2010 Technical Assistance Grant Guidelines. Prior to this IRPS, the decision of the Director of OSCUI was final and credit unions did not have a forum to appeal the decision within NCUA. This interim final IRPS will allow credit unions that disagree with the Director of OSCUI’s determination to appeal the decision to NCUA’s Supervisory Review Committee. While the Board recognizes that the Riegle Act requires NCUA to set up a Supervisory Review Committee to hear appeals of material supervisory determinations, the Board notes that there is nothing in the Riegle Act that prohibits it from allowing the Committee to hear appeals of other issues. Although denials of TAG reimbursements are clearly not a material supervisory determination, the Board believes these determinations are important enough to warrant formal appeals to the Committee. As such, any credit union that disagrees with the Director of OSCUI’s determination may, within 30 days from the date of the denial, appeal the determination to the Committee. The Committee will typically make a decision on a TAG reimbursement denial appeal within 30 days from the date the committee receives the appeal. The Committee will, however, adjudicate material supervisory determination appeals before TAG denial appeals if it is necessary to ensure material supervisory determination appeals are adjudicated expeditiously as required by the Riegle Act. Committee decisions on TAG appeals are final; they are not appealable to the NCUA Board. C. Replacement of IRPS 95–1 and 02– 1 In order to centralize all applicable guidance on the Committee and ensure ease of understanding by credit unions, the Board is combining IRPS 95–1 and 02–1 into interim final IRPS 11–1, which will also include the TAG reimbursement denial amendments. Interim final IRPS 11–1 will supersede and replace the previous two IRPS on PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 3675 the Committee. The Board also made some minor changes to the IRPS: Position titles are made current; the requirement for quarterly meetings is deleted (meetings will be held on an as needed basis); and to make timing of appeal of Committee decisions to the NCUA Board consistent, all decisions appealable to the Board are from the date of receipt of decision.1 D. Interim Final IRPS The Board is issuing this IRPS as an interim final IRPS pursuant to 5 U.S.C. § 553(b)(3)(A), which allows agencies to issue rules without notice and comment in the case of interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. IRPS11–1 is an interpretation of agency procedure granting credit unions an appeal mechanism for denials of TAG reimbursements. Regulatory Procedures Regulatory Flexibility Act The Regulatory Flexibility Act requires NCUA to prepare an analysis to describe a significant economic impact agency rulemaking may have on a substantial number of small credit unions. For purposes of this analysis, credit unions under $1 million in assets are considered small credit unions. This interim final IRPS expands the types of determinations that credit unions may appeal to the NCUA’s Supervisory Review Committee and combines two previous IRPS. This interim final IRPS imposes no additional financial, regulatory or other burden on credit unions. NCUA has determined and certifies that this interim final IRPS will not have a significant impact on a substantial number of small credit unions. Accordingly, NCUA has determined that a Regulatory Flexibility Analysis is not required. Paperwork Reduction Act NCUA has determined that this interim final IRPS does 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 regulatory actions on state and local interests. In adherence to fundamental federalism 1 Under IRPS 95–1, decisions were appealable 30 days from the date a Committee decision was issued and under IRPS 02–1 decisions were appealable 60 days from the appellant’s receipt of a decision. E:\FR\FM\20JAN1.SGM 20JAN1 3676 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Notices principles, NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the executive order. This interim final IRPS applies to all credit unions that appeal NCUA material supervisory determinations before the NCUA Supervisory Committee, but does not have substantial direct effect 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 interim final IRPS does not constitute a policy that has federalism implications for purposes of the executive order. Assessment of Federal Regulations and Policies on Families NCUA has determined that this interim final IRPS 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) 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 is currently reviewing this IRPS, but NCUA does not believe the IRPS is a major rule for purposes of the Small Business Regulatory Enforcement Fairness Act of 1996. By the National Credit Union Administration Board on January 13, 2011. Mary F. Rupp, Secretary of the Board. Accordingly, for the reasons set forth in the preamble, IRPS 11–1 is established as follows: [Note: The following ruling will not appear in the Code of Federal Regulations.] mstockstill on DSKH9S0YB1PROD with NOTICES 1. Authority: Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994, Public Law 103–325. 2. IRPS 11–1 is established as follows: Interpretive Ruling and Policy Statement 11–1—Supervisory Review Committee Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 (Riegle Act) requires that NCUA establish an independent intra-agency appellate process to review material VerDate Mar<15>2010 18:24 Jan 19, 2011 Jkt 223001 supervisory determinations. The NCUA Board hereby establishes a Supervisory Review Committee (Committee) to implement Section 309. It is NCUA policy to maintain good communication with all credit unions it supervises. Credit unions, examiners and regional and central office staff are encouraged to resolve disagreements informally and expeditiously. The NCUA Board expects that most disputes will be handled in that manner. The Committee and other appeals processes are available for certain disputes that cannot be resolved informally. A—Committee Structure, Scope and Procedures The Committee shall consist of three regular members of the NCUA’s senior staff as appointed by the NCUA Chairman. None of the members shall be currently serving as a Regional Director, Associate Regional Director, Executive Director, Director of the Office of Small Credit Union Initiatives, or Senior Policy Advisor or Chief of Staff to a Board Member. One member shall be designated by the NCUA Chairman as chairperson. All three Committee members shall serve for one year terms and may be reappointed for additional terms. Each member of the Committee shall have one vote and a quorum (two members) shall be present at each Committee meeting. Meetings may be held in person or via teleconference. A majority vote of the full Committee (two votes) is required for action on an appeal. Meetings will be scheduled, as appropriate, by the chairperson on an as needed basis. Appeals of material supervisory determinations made by NCUA may be made by all federally insured credit unions (federal credit unions (FCUs) and federally-insured, state chartered credit unions (FISCUs). Appeals of denials of Technical Assistance Grant (TAG) reimbursements may be made by any ‘‘Participating Credit Union’’ as defined by 12 CFR 705.3(b). Material supervisory determinations are limited to: (1) Composite CAMEL ratings of 3, 4, and 5 and all component ratings of those composite ratings; (2) adequacy of loan loss reserve provisions; (3) loan classifications on loans that are significant as determined by the appealing credit union; and (4) revocations of Regulatory Flexibility Program (RegFlex) authority. Subject to the requirements discussed below, credit unions may also appeal to the Committee a decision of the Director of the Office of Small Credit Union Initiatives (OSCUI) to deny Technical Assistance Grant (TAG) reimbursements. An FCU, other than a corporate FCU, must contact the regional office regarding the examiner’s decision within 30 days of the examiner’s final determination. The decision must be appealed to (postmarked or received by) the Committee either 30 days after a regional determination or 60 days after the regional office has been contacted if it has not made a determination. An FISCU, other than a corporate FISCU, must contact the Regional Office within 30 days of the NCUA examiner’s final decision. The Region will verify that the determination being appealed was made by an NCUA examiner. If the decision was made by the PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 state, the appeal will be turned over to the state for appropriate action. If the decision was made by the NCUA examiner, the dispute will be handed by the Region and become appealable to the Committee either 30 days after a regional determination or 60 days after the regional office has been contacted if it has not made a determination. The Committee chairperson will reverify that the determination was made by NCUA. Regional staff and the Committee will notify and consult with the state supervisory authority in appropriate cases. All federally insured corporate credit unions (FCUs and FISCUs) must contact the Office of Corporate Credit Unions concerning its examiner’s final determination and then the Committee within the same time frames. Staff from the Office of Corporate Credit Unions and the Committee will consult with the state supervisory authority in appropriate cases involving corporate FISCUs. If a Regional Director revokes a credit union’s RegFlex authority, in whole or in part, upon written notice to the credit union, the credit union may appeal the revocation to the Committee within 60 days from the date of the Region’s determination. The RegFlex revocation is effective as soon as the credit union receives the notice and it remains in effect pending a decision from the Committee. All ‘‘Participating Credit Unions’’ must appeal a determination of the Director of OSCUI to deny a TAG reimbursement to the Committee within 30 days from the date of the denial. The board of directors of the appealing credit union must authorize that the appeal be filed. Appeals must be submitted in writing and mailed or delivered to Chairman, Supervisory Review Committee, NCUA, 1775 Duke Street, Alexandria, VA 22314–3428. Appeals may be made by letter, and must include the name of the appellant credit union, the determination or denial being appealed and the reasons for the appeal. Appellants are encouraged to submit all information and supporting documentation relevant to the matter in dispute. Appellants are entitled to a personal appearance before the Committee. The Committee chairperson reserves the right, however, to attempt to work out the dispute through teleconference. The determination or denial remains in effect pending appeal. The appeal does not prevent the NCUA from taking any action, either formal or informal, that it deems appropriate during the pendency of the appeal. The Committee may request additional information from the appellant and/or the Regional Office, Office of Corporate Credit Unions, or OSCUI within 15 days of its receipt of the appeal. The information must be submitted to the Committee within 15 days of receipt of the Committee request. The Committee shall make a determination on the appeal within 30 days from the date of the receipt of an appeal by the Committee or of its receipt of any requested additional information. These time requirements are subject to adjustment by the Committee, whether on its own or upon request of the appellant or the Region or other office E:\FR\FM\20JAN1.SGM 20JAN1 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Notices involved. If time constraints do not permit all appeals to be adjudicated within the above time frames, the Committee will adjudicate material supervisory determination appeals before appeals of TAG reimbursement denials regardless of the order in which the Committee received the appeals. Committee decisions on the denial of a TAG reimbursement are the final decisions of NCUA and are not appealable to the NCUA Board. If a RegFlex revocation is the basis of the appeal, the credit union may appeal the Committee’s decision to the NCUA Board within 60 days from the appellant’s receipt of the Committee’s decision. All other appealable decisions must be appealed to the NCUA Board within 30 days of the appellant’s receipt by the party of the Committee’s decision. B—Other Appeals Procedures for various formal and informal adjudicative and non-adjudicative actions and proceedings not covered by the Supervisory Review Committee are found in Parts 709 (creditor claim appeals), 745 (share insurance appeals), 792 (Freedom of Information Act appeals) and 747 (appeals of various administrative and enforcement actions) of the NCUA Rules and Regulations (12 CFR 709, 745, 792, and 747). These parts should be reviewed to determine the procedures which apply for a particular appeal. In addition, the NCUA Board serves as the final administrative decision maker for major disputes that are not otherwise covered by this IRPS or Parts 709, 745, 792 or 747. These include disputes over chartering, insurance applications, field of membership expansion, merger, certain corporate credit union matters, charter changes and letters of understanding and agreement. These issues should first be pursued through the appropriate Regional Office or the Office of Corporate Credit Unions. Appeals concerning these matters should be addressed to the NCUA Board and submitted through the appropriate Regional Office or the Office of Corporate Credit Unions. National Endowment for the Arts; Proposed Collection: Comment Request ACTION: Notice. The National Endowment for the Arts, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the National Endowment for the Arts, on behalf of the Federal Council on the Arts and the Humanities, is soliciting comments concerning renewal of the Application for Domestic Indemnity. A copy of this collection request can be obtained by contacting the office listed below in the address section of this notice. SUMMARY: Alleged acts of retaliation should be reported to NCUA’s Inspector General, who is authorized by Congress, under the Inspector General Act, to receive and investigate complaints and other information regarding abuse in agency programs and operations. Any retaliation by NCUA staff against a credit union making any type of appeal will subject the employee to appropriate disciplinary or remedial action by the appropriate supervisor. Such disciplinary or remedial action may include oral or written warning or admonishment, reprimand, suspension or separation from employment, change in assigned duties, or disqualification from a particular assignment, including prohibition from participating in any examination of the credit union that was the subject of the retaliation. [FR Doc. 2011–1090 Filed 1–19–11; 8:45 am] ADDRESSES: BILLING CODE 7535–01–P VerDate Mar<15>2010 18:24 Jan 19, 2011 Jkt 223001 DATES: Alice Whelihan, National Endowment for the Arts, 1100 PO 00000 Frm 00079 Fmt 4703 Pennsylvania Avenue, NW., Room 726, Washington, DC 20506–0001, telephone (202) 682–5574 (this is not a toll-free number), fax (202) 682–5603. Kathleen Edwards, Director, Administrative Services. [FR Doc. 2011–1097 Filed 1–19–11; 8:45 am] Written comments must be submitted to the office listed in the address section below on or before April 1, 2011. The National Endowment for the Arts is particularly interested in comments which: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; —Enhance the quality, utility and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting the electronic submissions of responses. C—Retaliation mstockstill on DSKH9S0YB1PROD with NOTICES NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES 3677 Sfmt 4703 BILLING CODE 7536–01–P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts Arts Advisory Panel Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), as amended, notice is hereby given that one meeting of the Arts Advisory Panel to the National Council on the Arts will be held at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC 20506 as follows (ending time is approximate): International Activities (application review): February 15, 2011, by teleconference. This meeting, from 2:30 p.m. to 3:30 p.m. EST will be closed. The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of November 10, 2009, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, U.S.C. Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or call 202/682–5691. Date: January 13, 2011. Kathy Plowitz-Worden, Panel Coordinator, Panel Operations, National Endowment for the Arts. [FR Doc. 2011–1029 Filed 1–19–11; 8:45 am] BILLING CODE 7537–01–P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Federal Council on the Arts and the Humanities; Arts and Artifacts Indemnity Panel Advisory Committee; Meeting The National Endowment for the Humanities. AGENCY: E:\FR\FM\20JAN1.SGM 20JAN1

Agencies

[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Notices]
[Pages 3674-3677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1090]


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NATIONAL CREDIT UNION ADMINISTRATION

[IRPS 11-1]


Guidelines for the Supervisory Review Committee

AGENCY: National Credit Union Administration (NCUA).

ACTION: Interim final Interpretative Ruling and Policy Statement 11-1, 
``Supervisory Review Committee'' (IRPS 11-1).

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SUMMARY: This policy statement combines two Interpretative Ruling and 
Policy Statements (IRPSs) and adds denials of technical assistance 
grant (TAG) reimbursements to the types of determinations that credit 
unions may appeal to NCUA's Supervisory Review Committee. This new IRPS 
will replace the earlier IRPSs addressing the Supervisory Review 
Committee.

DATES: This IRPS is effective January 20, 2011. Comments must be 
received by February 22, 2011.

ADDRESSES: You may submit comments by any of the following methods 
(Please send comments by one method only):
     NCUA Web site: http://www.ncua.gov/news/proposed_regs/proposed_regs.html. Follow the instructions for submitting comments.
     E-mail: Address to regcomments@ncua.gov. Include ``[Your 
name] Comments on IRPS 11-1'' 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 http://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

[[Page 3675]]

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: Dave Marquis, Executive Director or 
Justin M. Anderson, Staff Attorney, Office of General Counsel, National 
Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 
22314-3428, or telephone: (703) 518-6320 (Dave Marquis) or (703) 518-
6540 (Justin Anderson).

SUPPLEMENTARY INFORMATION:

A. Background

    Pursuant to Section 309(a) of the Riegle Community Development and 
Regulatory Improvement Act of 1994 (Riegle Act), Public Law 103-325, 
Sec.  309(a), 108 Stat. 2160 (1994), the NCUA Board (Board) adopted 
guidelines that established an independent appellate process to review 
material supervisory determinations, entitled ``Supervisory Review 
Committee'' (IRPS 95-1). 60 FR 14795 (March 20, 1995). Through IRPS 95-
1, NCUA established a Supervisory Review Committee (Committee) 
consisting of three senior staff members to hear appeals of material 
supervisory determinations. IRPS 95-1 defined material supervisory 
determinations to include determinations on composite CAMEL ratings of 
3, 4 and 5, all component ratings of those composite ratings, 
significant loan classifications and adequacy of loan loss reserves. 
The Board noted in the preamble to IRPS 95-1, however, that it would 
consider expanding the disputes covered by the Committee's review 
process at a later date. 60 FR 14795, 14796 (March 20, 1995). In 2002, 
the Board amended IRPS 95-1 by issuing IRPS 02-1, which added 
Regulatory Flexibility designation determinations to the list of 
material supervisory determinations credit unions may appeal to the 
Committee.

B. Technical Assistance Grant Reimbursement Denials Amendment

    Under Part 705 of NCUA's regulations, qualifying credit unions can 
apply for loans or Technical Assistance Grants (TAGs) from the 
Community Development Revolving Loan Fund for Credit Unions. As 
outlined in the 2010 NCUA Office of Small Credit Union Initiatives' 
(OSCUI) Technical Assistance Grant Guidelines (http://www.ncua.gov/Resources/CreditUnionDevelopment/Files/Programs/Grants/2010/GeneralGuidelines.pdf), qualifying credit unions that have applied for 
and been granted a TAG may purchase goods or spend the funds, up to the 
amount of the grant in accordance with the purpose of the grant as 
articulated in the credit union's application. After making 
expenditures, a credit union must submit copies of receipts and proof 
of payment to NCUA for reimbursement. The Director of OSCUI may deny a 
request for reimbursements if the credit union fails to remit the 
necessary documentation, the expenditure is not in furtherance of the 
purpose of the grant, or the expenditure is for a restricted category 
of purchases currently as identified in the 2010 Technical Assistance 
Grant Guidelines. Prior to this IRPS, the decision of the Director of 
OSCUI was final and credit unions did not have a forum to appeal the 
decision within NCUA. This interim final IRPS will allow credit unions 
that disagree with the Director of OSCUI's determination to appeal the 
decision to NCUA's Supervisory Review Committee.
    While the Board recognizes that the Riegle Act requires NCUA to set 
up a Supervisory Review Committee to hear appeals of material 
supervisory determinations, the Board notes that there is nothing in 
the Riegle Act that prohibits it from allowing the Committee to hear 
appeals of other issues. Although denials of TAG reimbursements are 
clearly not a material supervisory determination, the Board believes 
these determinations are important enough to warrant formal appeals to 
the Committee. As such, any credit union that disagrees with the 
Director of OSCUI's determination may, within 30 days from the date of 
the denial, appeal the determination to the Committee. The Committee 
will typically make a decision on a TAG reimbursement denial appeal 
within 30 days from the date the committee receives the appeal. The 
Committee will, however, adjudicate material supervisory determination 
appeals before TAG denial appeals if it is necessary to ensure material 
supervisory determination appeals are adjudicated expeditiously as 
required by the Riegle Act. Committee decisions on TAG appeals are 
final; they are not appealable to the NCUA Board.

C. Replacement of IRPS 95-1 and 02-1

    In order to centralize all applicable guidance on the Committee and 
ensure ease of understanding by credit unions, the Board is combining 
IRPS 95-1 and 02-1 into interim final IRPS 11-1, which will also 
include the TAG reimbursement denial amendments. Interim final IRPS 11-
1 will supersede and replace the previous two IRPS on the Committee. 
The Board also made some minor changes to the IRPS: Position titles are 
made current; the requirement for quarterly meetings is deleted 
(meetings will be held on an as needed basis); and to make timing of 
appeal of Committee decisions to the NCUA Board consistent, all 
decisions appealable to the Board are from the date of receipt of 
decision.\1\
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    \1\ Under IRPS 95-1, decisions were appealable 30 days from the 
date a Committee decision was issued and under IRPS 02-1 decisions 
were appealable 60 days from the appellant's receipt of a decision.
---------------------------------------------------------------------------

D. Interim Final IRPS

    The Board is issuing this IRPS as an interim final IRPS pursuant to 
5 U.S.C. Sec.  553(b)(3)(A), which allows agencies to issue rules 
without notice and comment in the case of interpretative rules, general 
statements of policy, or rules of agency organization, procedure, or 
practice. IRPS11-1 is an interpretation of agency procedure granting 
credit unions an appeal mechanism for denials of TAG reimbursements.

Regulatory Procedures

Regulatory Flexibility Act
    The Regulatory Flexibility Act requires NCUA to prepare an analysis 
to describe a significant economic impact agency rulemaking may have on 
a substantial number of small credit unions. For purposes of this 
analysis, credit unions under $1 million in assets are considered small 
credit unions.
    This interim final IRPS expands the types of determinations that 
credit unions may appeal to the NCUA's Supervisory Review Committee and 
combines two previous IRPS. This interim final IRPS imposes no 
additional financial, regulatory or other burden on credit unions. NCUA 
has determined and certifies that this interim final IRPS will not have 
a significant impact on a substantial number of small credit unions. 
Accordingly, NCUA has determined that a Regulatory Flexibility Analysis 
is not required.
Paperwork Reduction Act
    NCUA has determined that this interim final IRPS does 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 regulatory actions on state and local 
interests. In adherence to fundamental federalism

[[Page 3676]]

principles, NCUA, an independent regulatory agency as defined in 44 
U.S.C. 3502(5), voluntarily complies with the executive order. This 
interim final IRPS applies to all credit unions that appeal NCUA 
material supervisory determinations before the NCUA Supervisory 
Committee, but does not have substantial direct effect 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 interim final IRPS 
does not constitute a policy that has federalism implications for 
purposes of the executive order.
Assessment of Federal Regulations and Policies on Families
    NCUA has determined that this interim final IRPS 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) 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 is currently reviewing this IRPS, 
but NCUA does not believe the IRPS is a major rule for purposes of the 
Small Business Regulatory Enforcement Fairness Act of 1996.

    By the National Credit Union Administration Board on January 13, 
2011.
Mary F. Rupp,
Secretary of the Board.
    Accordingly, for the reasons set forth in the preamble, IRPS 11-1 
is established as follows:

    [Note:  The following ruling will not appear in the Code of 
Federal Regulations.]

    1. Authority: Section 309 of the Riegle Community Development and 
Regulatory Improvement Act of 1994, Public Law 103-325.
    2. IRPS 11-1 is established as follows:

Interpretive Ruling and Policy Statement 11-1--Supervisory Review 
Committee

    Section 309 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (Riegle Act) requires that NCUA establish an 
independent intra-agency appellate process to review material 
supervisory determinations. The NCUA Board hereby establishes a 
Supervisory Review Committee (Committee) to implement Section 309.
    It is NCUA policy to maintain good communication with all credit 
unions it supervises. Credit unions, examiners and regional and 
central office staff are encouraged to resolve disagreements 
informally and expeditiously. The NCUA Board expects that most 
disputes will be handled in that manner. The Committee and other 
appeals processes are available for certain disputes that cannot be 
resolved informally.

A--Committee Structure, Scope and Procedures

    The Committee shall consist of three regular members of the 
NCUA's senior staff as appointed by the NCUA Chairman. None of the 
members shall be currently serving as a Regional Director, Associate 
Regional Director, Executive Director, Director of the Office of 
Small Credit Union Initiatives, or Senior Policy Advisor or Chief of 
Staff to a Board Member. One member shall be designated by the NCUA 
Chairman as chairperson. All three Committee members shall serve for 
one year terms and may be reappointed for additional terms. Each 
member of the Committee shall have one vote and a quorum (two 
members) shall be present at each Committee meeting. Meetings may be 
held in person or via teleconference. A majority vote of the full 
Committee (two votes) is required for action on an appeal. Meetings 
will be scheduled, as appropriate, by the chairperson on an as 
needed basis.
    Appeals of material supervisory determinations made by NCUA may 
be made by all federally insured credit unions (federal credit 
unions (FCUs) and federally-insured, state chartered credit unions 
(FISCUs). Appeals of denials of Technical Assistance Grant (TAG) 
reimbursements may be made by any ``Participating Credit Union'' as 
defined by 12 CFR 705.3(b).
    Material supervisory determinations are limited to: (1) 
Composite CAMEL ratings of 3, 4, and 5 and all component ratings of 
those composite ratings; (2) adequacy of loan loss reserve 
provisions; (3) loan classifications on loans that are significant 
as determined by the appealing credit union; and (4) revocations of 
Regulatory Flexibility Program (RegFlex) authority. Subject to the 
requirements discussed below, credit unions may also appeal to the 
Committee a decision of the Director of the Office of Small Credit 
Union Initiatives (OSCUI) to deny Technical Assistance Grant (TAG) 
reimbursements.
    An FCU, other than a corporate FCU, must contact the regional 
office regarding the examiner's decision within 30 days of the 
examiner's final determination. The decision must be appealed to 
(postmarked or received by) the Committee either 30 days after a 
regional determination or 60 days after the regional office has been 
contacted if it has not made a determination.
    An FISCU, other than a corporate FISCU, must contact the 
Regional Office within 30 days of the NCUA examiner's final 
decision. The Region will verify that the determination being 
appealed was made by an NCUA examiner. If the decision was made by 
the state, the appeal will be turned over to the state for 
appropriate action. If the decision was made by the NCUA examiner, 
the dispute will be handed by the Region and become appealable to 
the Committee either 30 days after a regional determination or 60 
days after the regional office has been contacted if it has not made 
a determination. The Committee chairperson will reverify that the 
determination was made by NCUA. Regional staff and the Committee 
will notify and consult with the state supervisory authority in 
appropriate cases.
    All federally insured corporate credit unions (FCUs and FISCUs) 
must contact the Office of Corporate Credit Unions concerning its 
examiner's final determination and then the Committee within the 
same time frames. Staff from the Office of Corporate Credit Unions 
and the Committee will consult with the state supervisory authority 
in appropriate cases involving corporate FISCUs.
    If a Regional Director revokes a credit union's RegFlex 
authority, in whole or in part, upon written notice to the credit 
union, the credit union may appeal the revocation to the Committee 
within 60 days from the date of the Region's determination. The 
RegFlex revocation is effective as soon as the credit union receives 
the notice and it remains in effect pending a decision from the 
Committee.
    All ``Participating Credit Unions'' must appeal a determination 
of the Director of OSCUI to deny a TAG reimbursement to the 
Committee within 30 days from the date of the denial.
    The board of directors of the appealing credit union must 
authorize that the appeal be filed. Appeals must be submitted in 
writing and mailed or delivered to Chairman, Supervisory Review 
Committee, NCUA, 1775 Duke Street, Alexandria, VA 22314-3428.
    Appeals may be made by letter, and must include the name of the 
appellant credit union, the determination or denial being appealed 
and the reasons for the appeal. Appellants are encouraged to submit 
all information and supporting documentation relevant to the matter 
in dispute.
    Appellants are entitled to a personal appearance before the 
Committee. The Committee chairperson reserves the right, however, to 
attempt to work out the dispute through teleconference.
    The determination or denial remains in effect pending appeal. 
The appeal does not prevent the NCUA from taking any action, either 
formal or informal, that it deems appropriate during the pendency of 
the appeal.
    The Committee may request additional information from the 
appellant and/or the Regional Office, Office of Corporate Credit 
Unions, or OSCUI within 15 days of its receipt of the appeal. The 
information must be submitted to the Committee within 15 days of 
receipt of the Committee request. The Committee shall make a 
determination on the appeal within 30 days from the date of the 
receipt of an appeal by the Committee or of its receipt of any 
requested additional information. These time requirements are 
subject to adjustment by the Committee, whether on its own or upon 
request of the appellant or the Region or other office

[[Page 3677]]

involved. If time constraints do not permit all appeals to be 
adjudicated within the above time frames, the Committee will 
adjudicate material supervisory determination appeals before appeals 
of TAG reimbursement denials regardless of the order in which the 
Committee received the appeals.
    Committee decisions on the denial of a TAG reimbursement are the 
final decisions of NCUA and are not appealable to the NCUA Board. If 
a RegFlex revocation is the basis of the appeal, the credit union 
may appeal the Committee's decision to the NCUA Board within 60 days 
from the appellant's receipt of the Committee's decision. All other 
appealable decisions must be appealed to the NCUA Board within 30 
days of the appellant's receipt by the party of the Committee's 
decision.

B--Other Appeals

    Procedures for various formal and informal adjudicative and non-
adjudicative actions and proceedings not covered by the Supervisory 
Review Committee are found in Parts 709 (creditor claim appeals), 
745 (share insurance appeals), 792 (Freedom of Information Act 
appeals) and 747 (appeals of various administrative and enforcement 
actions) of the NCUA Rules and Regulations (12 CFR 709, 745, 792, 
and 747). These parts should be reviewed to determine the procedures 
which apply for a particular appeal. In addition, the NCUA Board 
serves as the final administrative decision maker for major disputes 
that are not otherwise covered by this IRPS or Parts 709, 745, 792 
or 747. These include disputes over chartering, insurance 
applications, field of membership expansion, merger, certain 
corporate credit union matters, charter changes and letters of 
understanding and agreement. These issues should first be pursued 
through the appropriate Regional Office or the Office of Corporate 
Credit Unions. Appeals concerning these matters should be addressed 
to the NCUA Board and submitted through the appropriate Regional 
Office or the Office of Corporate Credit Unions.

C--Retaliation

    Alleged acts of retaliation should be reported to NCUA's 
Inspector General, who is authorized by Congress, under the 
Inspector General Act, to receive and investigate complaints and 
other information regarding abuse in agency programs and operations.
    Any retaliation by NCUA staff against a credit union making any 
type of appeal will subject the employee to appropriate disciplinary 
or remedial action by the appropriate supervisor. Such disciplinary 
or remedial action may include oral or written warning or 
admonishment, reprimand, suspension or separation from employment, 
change in assigned duties, or disqualification from a particular 
assignment, including prohibition from participating in any 
examination of the credit union that was the subject of the 
retaliation.

[FR Doc. 2011-1090 Filed 1-19-11; 8:45 am]
BILLING CODE 7535-01-P