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.

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.

Rules and Regulations Federal Register

72699 

Vol. 70, No. 234 

Wednesday, December 7, 2005 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 979 

[Docket No. FV05–979–2 FIR] 

Melons Grown in South Texas; 

Continued Suspension of Handling 

and Assessment Collection 

Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule suspending the minimum 

grade, quality, maturity, container, pack, 

inspection, assessment collection, and 

other related requirements prescribed 

under the South Texas melon 

(cantaloupes and honeydews) marketing 

order (order). It also continues in effect 

a suspension of all reporting 

requirements under the order. The order 

regulates the handling of melons grown 

in South Texas and is administered 

locally by the South Texas Melon 

Committee (Committee). On September 

7, 2005, the Committee recommended 

termination of the order. This rule 

continues to relieve handlers of 

regulatory requirements while the 

USDA evaluates the Committee’s 

recommendation to terminate the order. 

DATES: Effective January 6, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Martin J. Engeler, Senior Marketing 

Specialist, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey Street, Suite 102–B, Fresno, 

California 93721; telephone: (559) 487– 

5110, Fax: (559) 487–5906; or Kathleen 

M. Finn, Formal Rulemaking Team 

Leader, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720– 

2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 156 and Order No. 979 (7 CFR part 

979), regulating the handling of melons 

grown in South Texas, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule continues in effect 

indefinitely a suspension of the 

minimum grade, quality, maturity, 

container, pack, inspection, and other 

related requirements prescribed under 

the South Texas melon order. For the 

purposes of this rule, these 

requirements are referred to as handling 

requirements. It also continues in effect 

indefinitely a suspension of assessment 

collection and reporting requirements 

under the order. An interim final rule 

published in the Federal Register on 

November 26, 2004 (69 FR 68761), 

suspended these requirements for the 

2004–05 fiscal period to allow the South 

Texas melon industry to evaluate the 

need for the marketing order. A final 

rule was published in the Federal 

Register on February 23, 2005 (70 FR 

8709). On September 7, 2005, the 

Committee recommended termination of 

the order after a year of evaluation. An 

interim final rule was published in the 

Federal Register on October 5, 2005, (70 

FR 57995) continuing indefinitely the 

suspension of all regulatory 

requirements under the order while 

USDA evaluates the Committee’s 

recommendation to terminate the order. 

Section 979.52 of the order provides 

authority for grade, size, maturity, 

quality, and pack regulations for any 

variety of melons grown in the 

production area during any period. 

Section 979.52 also authorizes the 

modification, suspension, or 

termination of regulations issued under 

the order. Authority to terminate or 

suspend provisions of the order is 

specified in § 979.84. 

Section 979.60 provides that 

whenever melons are regulated 

pursuant to § 979.52, such melons must 

be inspected by the Federal-State 

Inspection Service, and certified as 

meeting the applicable requirements of 

such regulations. The cost of such 

inspection and certification is borne by 

handlers. 

Under the order, fresh market 

shipments of South Texas melons are 

required to be inspected and are subject 

to minimum grade, quality, maturity, 

and container and pack requirements. 

Section 979.304 Handling regulation (7 

CFR part 979.304) specifies minimum 

grade and quality requirements for the 

handling of cantaloupes and honeydew 

melons. That section also specifies pack 

and container requirements for these 

commodities. 

Section 979.304 further includes a 

minimum quantity exemption of 120 

pounds per day, and reporting and 

safeguard requirements for special 

purpose and experimental shipments. 

Related provisions appear in the 

72700 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

regulations in § 979.106 Registered 

handlers; § 979.152 Handling of culls; 

and § 979.155 Safeguards. 

At its September 16, 2004, meeting, 

the Committee unanimously 

recommended suspending, for the 

2004–2005 fiscal period, the handling, 

assessment collection, and all reporting 

requirements, except for the acreage 

planting reporting requirement. The 

2004–05 fiscal period began October 1, 

2004, and ended September 30, 2005. 

These requirements initially were 

suspended pursuant to a rule published 

in the Federal Register on November 26, 

2004 (69 FR 68761). It was believed that 

the cost of inspection and certification 

and administering the order may exceed 

the benefits. The regulations were 

suspended for one fiscal year so the 

industry would have time to evaluate 

whether the order should be continued. 

Consistent with the suspension of 

§ 979.304, also suspended for the 2004–

2005 fiscal year were § 979.106, 

§ 979.152, and § 979.155 of the rules and 

regulations in effect under the order. 

Section 979.106 provides for the 

registration of handlers, § 979.152 

details procedures for the handling of 

cull melons, and § 979.155 provides 

safeguard requirements for special 

purpose shipments and establishes 

reporting and recordkeeping 

requirements when such exemptions are 

in place. 

In addition, § 979.219 requiring that 

an assessment rate of $0.09 per carton 

of melons be collected from South Texas 

melon handlers was also suspended. 

Consistent with suspension of 

§ 979.219, § 979.112 specifying late 

payment charges on delinquent 

assessments was also suspended. 

The Committee met on September 7, 

2005, to evaluate the industry situation 

since the regulations were suspended. 

Planted acreage continued to decline, 

from 4,780 acres in 2003–04 to 2,364 

acres in 2004–05. The number of melon 

growers and handlers also continued to 

decline. During the 2003–04 season, 

there were 29 growers and 16 handlers; 

in 2004–05 the number of known 

growers decreased to 13 and handlers 

decreased to seven. In addition, no new 

varieties were introduced to improve 

the quality and make the product more 

competitive with product from other 

producing areas. In short, the industry 

situation continues to worsen. The 

Committee believes that there is no 

longer a need for the order, and 

therefore recommended its termination. 

USDA is evaluating the Committee’s 

recommendation. 

The first suspension of regulations 

expired on September 30, 2005. The 

process to terminate a marketing order 

takes several months to complete; 

therefore, an interim final rule 

continuing indefinitely the suspension 

of regulations was issued in the Federal 

Register at 70 FR 57995 on October 5, 

2005. That interim final rule also 

suspended the one remaining reporting 

requirement in effect regarding planted 

acreage, as the Committee believes there 

is no need to incur any costs or gather 

additional data. This final rule 

continues in effect the suspension of all 

regulatory requirements under the 

order. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

During the 2004–05 marketing year, 

there were approximately seven 

handlers of South Texas melons subject 

to regulation under the marketing order 

and approximately 13 melon growers in 

the regulated area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $6,000,000, and small 

agricultural growers are defined as those 

having annual receipts of less than 

$750,000. 

Most of the handlers are vertically 

integrated corporations involved in 

growing, shipping, and marketing 

melons. For the 2003–04 marketing 

year, the industry’s 16 handlers shipped 

melons produced on 4,780 acres with 

the average and median volume handled 

being 89,012 and 10,655 containers, 

respectively. In terms of production 

value, total revenue for the 16 handlers 

was estimated to be $12,175,919, with 

the average and median revenues being 

$760,996 and $91,094, respectively. 

Complete comparable data is not 

available for the 2004–05 marketing 

year, but based on a reduction of acreage 

from 4,780 acres in 2003–04 to 1,364 

acres in 2004–05, and the reduced 

number of growers and handlers, it 

follows that the volume handled and the 

value of production likely declined as 

well. 

The South Texas melon industry is 

characterized by growers and handlers 

whose farming operations generally 

involve more than one commodity, and 

whose income from farming operations 

is not exclusively dependent on the 

production of melons. Alternative crops 

provide an opportunity to utilize many 

of the same facilities and equipment not 

in use when the melon production 

season is complete. For this reason, 

typical melon growers and handlers 

either double-crop melons during other 

times of the year or produce alternative 

crops, like onions. 

Based on the SBA’s definition of 

small entities, it is estimated that all of 

the seven handlers regulated by the 

order would be considered small 

entities if only their Spring melon 

revenues are considered. However, 

revenues from other productive 

enterprises might push a number of 

these handlers above the $6,000,000 

annual receipt threshold. Of the 13 

growers within the production area, few 

have sufficient acreage to generate sales 

in excess of $750,000; therefore, the 

majority of growers may be classified as 

small entities. 

At its September 16, 2004, meeting, 

the Committee unanimously 

recommended suspending, for the 

2004–2005 fiscal period, the handling, 

assessment collection, and all reporting 

requirements, except for the acreage 

planting reporting requirement. The 

Committee requested that the rule be 

effective for the 2004–05 fiscal period, 

which began October 1, 2004, and ends 

September 30, 2005. A rule was 

published in the Federal Register on 

November 26, 2004, suspending these 

requirements for the specified period 

(69 FR 68762). A final rule was 

published in the Federal Register on 

February 23, 2005 (70 FR 8709). 

The objective of the handling and 

inspection requirements is to ensure 

that only acceptable quality cantaloupe 

and honeydew melons enter fresh 

market channels, thereby ensuring 

consumer satisfaction, increasing sales, 

and improving returns to growers. 

While the industry continues to believe 

that quality is an important factor in 

maintaining sales, the Committee 

believes that the cost of inspection and 

certification (mandated when minimum 

requirements are in effect) may exceed 

the benefits derived, especially in view 

of reduced melon acreage and yields in 

recent years. 

The South Texas cantaloupe and 

honeydew melon industry has been 

shrinking. South Texas historically had 

enjoyed a marketing window of 

Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 72701 

approximately six weeks beginning 

about May 1 each season. That window 

has steadily eroded in recent years due 

to strong competition and quality 

problems in Texas melons. As a result, 

acreage has decreased dramatically from 

a high of 27,463 acres in 1987, to 4,780 

in 2004, and 1,364 acres in 2005. The 

number of producers and handlers also 

has steadily declined. 

Underlying economics for the South 

Texas melon industry did not justify 

continuing the regulations for 2004–05. 

Too little assessment revenue could be 

generated for an effective marketing and 

promotion program, and buyer demands 

have superseded the regulations in 

dictating quality requirements. 

Suspending the regulations enabled 

handlers to ship melons without regard 

to the minimum grade, quality, 

maturity, container, pack, inspection, 

and related requirements for the 2004–

05 fiscal period. It decreased industry 

expenses associated with inspection and 

assessments. 

In addition, this rule also suspended, 

for the 2004–05 marketing year, 

§ 979.219 requiring that an assessment 

rate of $0.09 per carton of melons be 

collected from South Texas melon 

handlers. Consistent with suspension of 

§ 979.219, § 979.112 specifying late 

payment charges on delinquent 

assessments was also suspended. 

Authorization to assess melon handlers 

enables the Committee to incur 

expenses that are necessary to 

administer the marketing order. 

With the suspension of handling, 

inspection, and assessment 

requirements, a limited Committee 

budget was needed for program 

administration and collection of acreage 

planting reports. For the period of the 

suspension, the Committee 

recommended a reduced budget of 

$70,959 to cover anticipated expenses. 

Adequate funds to cover these expenses 

were provided from the Committee’s 

reserves. 

The Committee anticipated that 

suspending the regulations would not 

negatively impact small businesses. The 

suspension applied to minimum grade, 

quality, maturity, container, pack, 

inspection, assessment collection, some 

reporting, and other related 

requirements. Further, this rule allowed 

handlers and growers the choice to 

obtain inspection for melons, as needed, 

thereby reducing costs for the industry. 

The total cost of inspection and 

certification for fresh shipments of 

South Texas melons during the 2003–04 

marketing season was $46,000. These 

costs were not incurred during the 

2004–2005 season. 

The suspension of the assessment 

collection requirements for the 2004–05 

season also resulted in some cost 

savings. Assessment collections during 

the 2003–04 season totaled $102,988. As 

a result of the suspension of § 979.219, 

no assessments were collected during 

the 2004–05 season. 

At its September 16, 2004, meeting, 

the Committee considered suspension of 

the marketing order, but chose to 

continue receiving data on plantings for 

a one-year period before deciding 

whether the order should be continued. 

The Committee met on September 7, 

2005, to evaluate the industry situation 

since the regulations were suspended. 

Planted acreage continued to decline, 

from 4,780 acres in 2003–04 to 2,364 

acres in 2004–05. The number of melon 

growers and handlers also continued to 

decline. During the 2003–04 season, 

there were 29 growers and 16 handlers; 

in 2004–05 the numbers decreased to 13 

and seven, respectively. In addition, no 

new varieties were introduced to 

improve the quality and make South 

Texas melons more competitive with 

other producing areas. 

The Committee believes that there is 

no longer a need for the order, and 

therefore recommended its termination. 

USDA is evaluating the Committee’s 

recommendation. The first suspension 

of regulations expired on September 30, 

2005. A subsequent interim final rule 

was published in the Federal Register 

on October 5, 2005, (70 FR 57995) 

suspending all regulatory requirements 

under the order, including the one 

remaining reporting requirement in 

effect. This final rule continues in effect 

the suspension of all regulatory 

requirements indefinitely as USDA 

evaluates the Committee’s 

recommendation to terminate the order. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirements continuing to be 

suspended by this rule were approved 

previously by the Office of Management 

and Budget (OMB) and assigned OMB 

No. 0581–0178, Vegetable and Specialty 

Crops. Suspension of all the reporting 

requirements under the order is 

expected to reduce the reporting burden 

on small or large South Texas melon 

handlers by 24.90 hours, and should 

further reduce industry expenses. 

Handlers are no longer required to file 

any forms with the Committee. This rule 

will, thus, not impose any additional 

reporting or recordkeeping requirements 

on either small or large melon handlers. 

As with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

rule. 

Further, the Committee’s meeting was 

widely publicized throughout the melon 

industry and all interested persons were 

invited to attend the meeting and 

participate in Committee deliberations. 

Like all Committee meetings, the 

September 16, 2004, meeting and the 

September 7, 2005 meeting were public 

meetings and all entities, both large and 

small, were able to express their views 

on this issue. Finally, interested persons 

were invited to submit information on 

the regulatory and informational 

impacts of this action on small 

businesses. No comments were 

received. 

An interim final rule concerning this 

action was published in the Federal 

Register on October 5, 2005. Copies of 

the rule were mailed by the Committee’s 

staff to all Committee members and 

melon handlers. In addition, the rule 

was made available through the Internet 

by the USDA and the Office of the 

Federal Register. That rule provided for 

a 30-day comment period which ended 

November 4, 2005. No comments were 

received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that the 

regulations suspended in this final rule, 

which adopts, without change, the 

interim final rule, as published in the 

Federal Register (70 FR 57995) no 

longer tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 979 

Marketing agreements, Melons, 

Reporting and recordkeeping 

requirements. 

PART 979—MELONS GROWN IN 

SOUTH TEXAS 

■ Accordingly, the interim final rule 

amending 7 CFR Part 979 which was 

published at 70 FR 57995 on October 5, 

2005, is adopted as a final rule without 

change. 

72702 Federal Register / Vol. 70, No. 234 / Wednesday, December 7, 2005 / Rules and Regulations 

1 150 CONG. REC. S10356 (daily ed. Oct. 4, 2004) 

(statement of Sen. Levin). 

Dated: December 1, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–23707 Filed 12–6–05; 8:45 am] 

BILLING CODE 3410–02–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 796 

Post-Employment Restrictions for 

Certain NCUA Examiners 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Final rule. 

SUMMARY: NCUA is adding a new part to 

NCUA’s regulations to implement new, 

post-employment restrictions that will 

apply to certain senior NCUA examiners 

starting December 17, 2005. The final 

rule prohibits senior NCUA examiners, 

for a year after leaving NCUA 

employment, from accepting 

employment with a credit union if they 

had continuing, broad responsibility for 

examination of that credit union for a 

total of two or more months during their 

last 12 months of NCUA employment. 

DATES: Effective December 17, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Regina M. Metz, Staff Attorney, Office of 

General Counsel, at the above address or 

telephone (703) 518–6540. 

SUPPLEMENTARY INFORMATION: On 

December 17, 2004, Congress enacted 

the Intelligence Reform Act, Public Law 

108–458, creating new, postemployment restrictions for certain 

federal employees who examine banks 

and credit unions. Public Law No. 108–

458, § 6303(c), 118 Stat. 3754 (2004). 

The law amended the Federal Credit 

Union (FCU) Act and requires NCUA to 

prescribe a rule implementing this 

section for federal examiners of 

federally insured credit unions. 12 

U.S.C. 1786(w). The law also requires 

NCUA to consult to the extent it deems 

necessary with the federal banking 

agencies. In July, the Board issued a 

proposed rule with a 60-day comment 

period on post-employment restrictions 

for certain NCUA examiners to 

implement the amendments. 70 FR 

43800, Jul. 29, 2005. NCUA reviewed 

and considered all comments received 

and, except for two minor clarifications, 

is issuing the final rule unchanged from 

the proposed rule. As with the proposed 

rule, NCUA staff consulted with an 

interagency group so that the final rule 

is consistent and comparable with the 

final rule the Federal banking agencies 

are issuing. 

The post-employment restrictions will 

apply to senior examiners starting 

December 17, 2005. For a year after 

leaving NCUA employment, senior 

examiners will be prohibited from 

accepting employment with a federally 

insured credit union if they had 

continuing, broad responsibility for 

examination of that credit union for two 

or more months during their last 12 

months of NCUA employment. 

The final rule implements the 

statutory provisions by giving NCUA the 

authority to issue administrative orders 

removing a person from a position with 

a federally insured credit union and 

barring further participation with that 

credit union or any federally insured 

credit union for up to five years. Also, 

the final rule implements the statute by 

imposing civil money penalties for 

violations of up to $250,000. The rule 

also implements the statutory provision 

authorizing the NCUA Board to grant 

waivers if the NCUA Chairman certifies 

that granting the waiver would not 

affect the integrity of NCUA’s 

supervisory program. 

NCUA received eight comments: 

Three from national trade groups; one 

from a state trade group; three from 

Federal credit unions; and one from a 

state-chartered credit union. Four of the 

eight commenters fully supported the 

proposed rule and believe NCUA 

properly implemented the new statutory 

post-employment restrictions. 

Two commenters thought the rule 

should be less restrictive and two 

commenters thought it should be more 

restrictive. Since the restrictions are 

statutory, the regulation cannot be less 

restrictive. One commenter who thought 

the post-employment restriction should 

be more restrictive supported a two-year 

cooling off period during which a senior 

examiner could not work for the credit 

union for which he or she had a 

substantial role in the supervision. The 

other commenter who thought the 

proposed rule should be stricter 

recommended NCUA expand the 

proposed ‘‘senior examiner’’ definition 

to include any examiners involved in a 

credit union in the last 12 months of 

their NCUA employment and at a 

minimum, examiners-in-charge. The 

commenter also proposed NCUA 

implement additional penalties for 

NCUA examiners seeking employment 

with credit unions. 

The final rule retains the one-year 

cooling off period as specified in the 

statute. The final rule also retains the 

definition of NCUA senior examiner to 

whom the restriction will apply with 

one wording change from 

‘‘commissioned’’ to ‘‘authorized.’’ 12 

CFR 796.2. Congress intended the oneyear post-employment prohibition to 

apply to examiners with a ‘‘meaningful’’

relationship to the credit union.1

Consistent with that intent, the final 

rule defines a ‘‘senior examiner’’ as an 

NCUA employee, authorized as an 

examiner, who has continuing, broad, 

and lead responsibility for examining a 

particular federally insured credit 

union, routinely interacts with officers 

or employees of the credit union, and 

devotes a substantial portion of his or 

her time to supervising or examining 

that credit union. Finally, the wording 

of the final rule in section 796.3 has 

been slightly modified to reflect that the 

cooling off period applies to a senior 

examiner who performed work, 

including onsite or offsite work, for a 

federally insured credit union for a total 

of two months or more in his or her last 

year of NCUA employment. 

Regulatory Procedures 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a rule may have on a substantial 

number of small entities. NCUA 

considers credit unions having less than 

ten million dollars in assets to be small 

for purposes of RFA. Interpretive Ruling 

and Policy Statement (IRPS) 87–2 as 

amended by IRPS 03–2. The final rule 

prohibits senior examiners from 

accepting employment with a credit 

union if they had continuing, broad 

responsibility for examination of that 

credit union for two or more months 

during their last 12 months of NCUA 

employment. The NCUA has 

determined and certifies that this final 

rule will not have a significant 

economic impact on a substantial 

number of small credit unions. 

Accordingly, the NCUA has determined 

that an RFA analysis is not required. 

Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act of 1995 

(PRA), NCUA may not conduct or 

sponsor, and the respondent is not 

required to respond to, an information 

collection unless it displays a currently 

valid Office of Management and Budget 

(OMB) control number. The Board has 

determined that the final rule does not 

contain any information collections and, 

therefore, no PRA number is required. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on