80678 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Rules and Regulations 

for purposes of qualifying for the 

designation to clarify that actual 

member data must be compared with a 

like category of statistical data. 

NCUA received three comment 

letters: One from a federal credit union 

and two from credit union trade 

associations. All three commenters 

supported the clarification in the 

interim final rule. The two trade 

associations, commenting on an issue 

outside the scope of the interim final 

rule, urged the NCUA to consider 

further amendment of the low-income 

rule to permit credit unions that do not 

qualify under NCUA’s geo-coding 

software to use a statistically valid, 

random sample of member income data 

to support a designation as a lowincome credit union. Concurrent with 

issuing this final rule, the Board is 

separately issuing a proposed rule 

addressing the use of a statistically 

valid, random sample to support the 

low-income designation. 

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact any regulation may have on a 

substantial number of small entities. 5 

U.S.C. 603(a). For purposes of this 

analysis, NCUA considers credit unions 

having under $10 million in assets small 

entities. Interpretive Ruling and Policy 

Statement 03–2, 68 FR 31949 (May 29, 

2003). As of December 31, 2007, out of 

approximately 8,410 federally insured 

credit unions, 3,599 had less than $10 

million in assets. This interim final rule 

merely clarifies the existing low-income 

rule and, therefore, an analysis is not 

required. NCUA, however, provided an 

analysis when it issued the final rule in 

November 2008, concluding that the 

economic impact on entities affected by 

the rule would not be significant. 73 FR 

71911–12. 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996, Public Law 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 Administrative Procedures 

Act. 5 U.S.C. 551. The Office of 

Information and Regulatory Affairs has 

determined that this final rule is not a 

major rule for purposes of SBREFA. 

Paperwork Reduction Act 

This clarifying amendment does not 

change the collection requirements 

under the Paperwork Reduction Act of 

1995 (PRA), 44 U.S.C. 3501 et seq. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. The final rule will not have 

substantial direct effect on the states, on 

the connection between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined this final rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

NCUA has determined that this final 

rule will not affect family well-being 

within the meaning of section 654 of the 

Treasury and General Government 

Appropriations Act, 1999, Public Law 

105–277, 112 Stat. 2681 (1998). 

List of Subjects in 12 CFR Part 701 

Credit unions, Federal credit unions, 

Low income, Nonmember deposits, 

Secondary capital, Shares. 

By the National Credit Union 

Administration Board, on December 16, 

2010. 

Mary F. Rupp, 

Secretary of the Board. 

■ For the reasons stated above, NCUA 

amends 12 CFR part 701 as follows: 

PART 701—ORGANIZATION AND 

OPERATIONS OF FEDERAL CREDIT 

UNIONS 

■ Accordingly, the interim final rule 

amending 12 CFR part 701 which was 

published at 75 FR 47171 on August 5, 

2010, is adopted as a final rule without 

change. 

[FR Doc. 2010–32130 Filed 12–22–10; 8:45 am] 

BILLING CODE 7535–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 708a and 708b 

RIN 3133–AD84; 3133–AD85 

Conversions of Insured Credit Unions 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: NCUA is issuing final 

amendments to revise the definition of 

the phrase ‘‘Regional Director’’ in 

NCUA’s rule on credit union to mutual 

savings bank conversions and to add the 

same revised definition of that phrase to 

NCUA’s rule on conversions to 

nonfederal deposit insurance. 

DATES: The rule is effective December 

23, 2010. Comments must be received 

by January 24, 2011. 

ADDRESSES: You may submit comments 

by any of the following methods (Please 

send comments by one method only): 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

NCUA Web site: http://www.ncua.

gov/Resources/RegulationsOpinions

Laws/FinalRegulations.aspx. Follow the 

instructions for submitting comments. 

E-mail: Address to 

regcomments@ncua.gov. Include ‘‘[Your 

name] Comments on ‘‘Interim Final 

Rulemaking for Parts 708a and 708b— 

Definition of ‘‘Regional Director’’ 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/ 

Resources/RegulationsOpinionsLaws/ 

FinalRegulations.aspx as submitted, 

except as may not be possible for 

technical reasons. Public comments will 

not be edited to remove any identifying 

or contact information. Paper copies of 

comments may be inspected in NCUA’s 

law library at 1775 Duke Street, 

Alexandria, Virginia 22314, by 

appointment weekdays between 9 a.m. 

and 3 p.m. To make an appointment, 

call (703) 518–6546 or send an e-mail to 

OGCMail@ncua.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lussier, Staff Attorney, 

Office of General Counsel, at the address 

above or telephone (703) 518–6540. 

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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Rules and Regulations 80679 

SUPPLEMENTARY INFORMATION: 

Background 

In 2009, the NCUA Board created the 

NCUA Office of Consumer Protection 

(OCP) to become operational on January 

1, 2010. The OCP is charged with 

responsibilities in the areas of credit 

union chartering, insurance and 

supervision, as well as consumer 

compliance. NCUA is in the process of 

moving responsibility for the review 

and approval of certain types of credit 

union conversions from the Regional 

Directors to the Director of the OCP, 

including credit union conversions to 

mutual savings banks or mutual savings 

associations (MSBs) in 12 CFR part 708a 

and the conversion from National Credit 

Union Share Insurance Fund (NCUSIF) 

share insurance to nonfederal share 

insurance in 12 CFR part 708b. To 

accommodate this reassignment of staff 

functions, the NCUA Board is adding 

the Director of the OCP to the definition 

of the phrase ‘‘Regional Director’’ in part 

708a and adding a new definition of the 

phrase ‘‘Regional Director’’ to part 708b 

that mirrors the revised definition in 

part 708a. 

Part 708a 

Part 708a governs conversions of 

federally-insured credit unions to MSBs. 

The definitions under part 708a are set 

forth in § 708a.1. 12 CFR 708a.1. Section 

708a.1 currently defines the phrase 

‘‘Regional Director’’ as the director of the 

NCUA regional office where a natural 

person credit union’s main office is 

located, and for corporate credit unions, 

‘‘Regional Director’’ means the director 

of NCUA’s Office of Corporate Credit 

Unions. This final rule amends the 

definition of ‘‘Regional Director’’ for 

natural person credit unions to include 

the Director of OCP. 

Part 708b 

Part 708b governs credit union-tocredit union mergers and terminations 

of NCUSIF share insurance and 

conversions from NCUSIF share 

insurance to nonfederal share insurance. 

The definitions under part 708b are set 

forth in § 708b.2. 12 CFR 708b.2. Unlike 

part 708a, part 708b does not currently 

contain a definition of ‘‘Regional 

Director.’’ This final rule amends part 

708b to add a definition of that phrase 

to § 708b.2 identical to the parallel 

definition in part 708a. 

Interim Final Rule 

NCUA is issuing this rulemaking as 

an interim final rule effective upon 

publication in the Federal Register. The 

Administrative Procedure Act (APA), 5 

U.S.C. 553, generally requires that 

before a rulemaking can be finalized it 

must first 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. NCUA believes 

good cause exists for issuing these 

amendments without notice and public 

comment. The amendments to these 

rules are not substantive but merely 

update the regulations to provide NCUA 

with additional administrative 

flexibility. 

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. These revisions will, 

therefore, be effective immediately upon 

publication. 

NCUA does not anticipate comments 

on these changes and so is allowing 

only a 30-day comment period. 

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a proposed rule may have on a 

substantial number of small credit 

unions (those under $10 million in 

assets). Only a few credit unions convert 

in a given year. Accordingly, the NCUA 

Board certifies that the interim final rule 

will not have a significant economic 

impact on a substantial number of small 

credit unions, and, therefore, a 

regulatory flexibility analysis is not 

required. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) applies to rulemakings in which 

an agency by rule creates a new 

paperwork burden on regulated entities 

or modifies an existing burden. 44 

U.S.C. 3507(d). For purposes of the 

PRA, a paperwork burden may take the 

form of either a reporting or a 

recordkeeping requirement, both 

referred to as information collections. 

The revised definition does not impose 

any new paperwork burden. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. The interim final rule will not 

have substantial direct effects on the 

states, on the connection between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

NCUA has determined that the 

interim final 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, 

Public Law 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 

Administrative Procedure Act, 5 U.S.C. 

551. While NCUA views these revisions 

as minor, the formal determination by 

the Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget is pending. 

List of Subjects 

12 CFR Part 708a 

Charter conversions, Credit unions. 

12 CFR Part 708b 

Credit unions, Mergers of credit 

unions, Reporting and recordkeeping 

requirements. 

By the National Credit Union 

Administration Board on December 20, 2010. 

Mary F. Rupp, 

Secretary of the Board. 

■ For the reasons stated in the preamble, 

the National Credit Union 

Administration amends 12 CFR parts 

708a and 708b as follows: 

PART 708a—CONVERSION OF 

INSURED CREDIT UNIONS TO 

MUTUAL SAVINGS BANKS 

■ 1. The authority citation for part 708a 

continues to read as follows: 

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

1785(b). 

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80680 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Rules and Regulations 

■ 2. Amend § 708a.1 to add a definition 

of regional director in alphabetical order 

to read as follows: 

§ 708a.1 Definitions. 

* * * * * 

Regional director means either the 

director of the NCUA regional office for 

the region where a natural person credit 

union’s main office is located or the 

director of the NCUA’s Office of 

Consumer Protection. For corporate 

credit unions, regional director means 

the director of NCUA’s Office of 

Corporate Credit Unions. 

* * * * * 

PART 708b—MERGERS OF 

FEDERALLY INSURED CREDIT 

UNIONS; VOLUNTARY TERMINATION 

OR CONVERSION OF INSURED 

STATUS 

■ 3. The authority citation for part 708b 

continues to read as follows: 

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

1786, 1789. 

■ 4. In § 708b.2, redesignate paragraphs 

(h) through (k) as paragraphs (i) through 

(l) and add new paragraph (h) to read as 

follows: 

§ 708b.2 Definitions. 

* * * * * 

(h) Regional director means either the 

director of the NCUA regional office for 

the region where a natural person credit 

union’s main office is located or the 

director of the NCUA’s Office of 

Consumer Protection. For corporate 

credit unions, regional director means 

the director of NCUA’s Office of 

Corporate Credit Unions. 

* * * * * 

[FR Doc. 2010–32308 Filed 12–22–10; 8:45 am] 

BILLING CODE 7535–01–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30759; Amdt. No. 3405] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective December 

23, 2010. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of December 

23, 2010. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; 

2. The FAA Regional Office of the 

region in which the affected airport is 

located; 

3. The National Flight Procedures 

Office, 6500 South MacArthur Blvd., 

Oklahoma City, OK 73169 or, 

4. The National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

Availability—All SIAPs are available 

online free of charge. Visit nfdc.faa.gov 

to register. Additionally, individual 

SIAP and Takeoff Minimums and ODP 

copies may be obtained from: 

1. FAA Public Inquiry Center (APA– 

200), FAA Headquarters Building, 800 

Independence Avenue, SW., 

Washington, DC 20591; or 

2. The FAA Regional Office of the 

region in which the affected airport is 

located. 

FOR FURTHER INFORMATION CONTACT: 

Harry J. Hodges, Flight Procedure 

Standards Branch (AFS–420) Flight 

Technologies and Programs Division, 

Flight Standards Service, Federal 

Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd., Oklahoma City, 

OK 73169 (Mail Address: P.O. Box 

25082, Oklahoma City, OK 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This rule 

amends Title 14, Code of Federal 

Regulations, Part 97 (14 CFR part 97) by 

amending the referenced SIAPs. The 

complete regulatory description of each 

SIAP is listed on the appropriate FAA 

Form 8260, as modified by the National 

Flight Data Center (FDC)/Permanent 

Notice to Airmen (P–NOTAM), and is 

incorporated by reference in the 

amendment under 5 U.S.C. 552(a), 1 

CFR part 51, and § 97.20 of Title 14 of 

the Code of Federal Regulations. 

The large number of SIAPs, their 

complex nature, and the need for a 

special format make their verbatim 

publication in the Federal Register 

expensive and impractical. Further, 

airmen do not use the regulatory text of 

the SIAPs, but refer to their graphic 

depiction on charts printed by 

publishers of aeronautical materials. 

Thus, the advantages of incorporation 

by reference are realized and 

publication of the complete description 

of each SIAP contained in FAA form 

documents is unnecessary. This 

amendment provides the affected CFR 

sections and specifies the types of SIAP 

and the corresponding effective dates. 

This amendment also identifies the 

airport and its location, the procedure 

and the amendment number. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP as amended in the 

transmittal. For safety and timeliness of 

change considerations, this amendment 

incorporates only specific changes 

contained for each SIAP as modified by 

FDC/P–NOTAMs. 

The SIAPs, as modified by FDC P– 

NOTAM, and contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these changes to 

SIAPs, the TERPS criteria were applied 

only to specific conditions existing at 

the affected airports. All SIAP 

amendments in this rule have been 

previously issued by the FAA in a FDC 

NOTAM as an emergency action of 

immediate flight safety relating directly 

to published aeronautical charts. The 

circumstances which created the need 

for all these SIAP amendments requires 

making them effective in less than 30 

days. 

Because of the close and immediate 

relationship between these SIAPs and 

safety in air commerce, I find that notice 

and public procedure before adopting 

these SIAPs are impracticable and 

contrary to the public interest and, 

where applicable, that good cause exists 

for making these SIAPs effective in less 

than 30 days. 

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