Federal Register - December 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
constitutes a major rule. If the OMB
deems a rule to be a major rule, the Congressional Review Act generally provides that the rule may not take effect until at least 60 days following its publication. The Congressional Review Act defines a major rule as any rule that the Administrator of the Office of Information and Regulatory Affairs of the OMB finds has resulted in or is likely to result in A an annual effect on the economy of $100,000,000 or more; B a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies or geographic regions, or C significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets.18
For the same reasons set forth above, the Board is adopting the extension of the temporary final rule without the delayed effective date generally prescribed under the Congressional Review Act. The delayed effective date required by the Congressional Review Act does not apply to any rule for which an agency for good cause finds and incorporates the finding and a brief statement of reasons therefor in the rule issued that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.19 In light of current market uncertainty, the Board believes that delaying the effective date of the extension of the temporary final rule would be contrary to the public interest for the same reasons discussed above.
As required by the Congressional Review Act, the Board will submit the final rule and other appropriate reports to Congress and the Government Accountability Office for review.
C. Paperwork Reduction Act The Paperwork Reduction Act of 1995
PRA 44 U.S.C. 3501 et seq. requires that the Office of Management and Budget OMB approve all collections of information by a Federal agency from the public before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a valid OMB control number.
In accordance with the PRA, the information collection requirements included in this temporary final rule extension have been submitted to OMB
for approval under control numbers 31330141, 31330127 and 31330040.
18 5
19 5
U.S.C. 8042.
U.S.C. 808.
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D. Executive Order 13132, on Federalism Executive Order 13132 20 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. The NCUA, an independent regulatory agency, as defined in 44 U.S.C. 35025, voluntarily complies with the Executive order to adhere to fundamental federalism principles. The extension of the temporary final rule will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. The Board has therefore determined that this rule does not constitute a policy that has federalism implications for purposes of the Executive order.
E. Assessment of Federal Regulations and Policies on Families The NCUA has determined that the extension of the temporary final rule will not affect family well-being within the meaning of Section 654 of the Treasury and General Government Appropriations Act, 1999.21
F. Regulatory Flexibility Act RFA
The Regulatory Flexibility Act RFA
generally requires that when an agency issues a proposed rule or a final rule pursuant to the APA or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the Federal Register.
Specifically, the RFA normally requires agencies to describe the impact of a rulemaking on small entities by providing a regulatory impact analysis.
For purposes of the RFA, the Board considers credit unions with assets less than $100 million to be small entities.
As discussed previously, consistent with the APA, the Board has determined for good cause that general notice and opportunity for public comment is unnecessary, and therefore the Board is not issuing a notice of proposed rulemaking. Rules that are exempt from notice and comment procedures are also exempt from the RFA requirements, including conducting a regulatory flexibility analysis, when among other things the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. Accordingly, the 20 Executive
Order 13132 on Federalism, was signed by former President Clinton on August 4, 1999, and subsequently published in the Federal Register on August 10, 1999 64 FR 43255.
21 Public Law 105277, 112 Stat. 2681 1998.
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Board has concluded that the RFAs requirements relating to initial and final regulatory flexibility analysis do not apply.
List of Subjects in 12 CFR Part 701
Aged, Civil rights, Credit, Credit unions, Fair housing, Individuals with disabilities, Insurance, Mortgages, Reporting and recordkeeping requirements.
By the NCUA Board, this 17th day of December 2021.
Melane Conyers-Ausbrooks, Secretary of the Board.
For the reasons discussed in the preamble, the Board amends 12 CFR
part 701 as follows:
PART 701ORGANIZATION AND
OPERATION OF CREDIT UNIONS
1. The authority citation for part 701
continues to read as follows:
Authority: 12 U.S.C. 17525, 1755, 1756, 1757, 1758, 1759, 1761a, 1761b, 1766, 1767, 1782, 1784, 1785, 1786, 1787, 1788, 1789.
Section 701.6 is also authorized by 15 U.S.C.
3717. Section 701.31 is also authorized by 15
U.S.C. 1601 et seq.; 42 U.S.C. 1981 and 3601
3610. Section 701.35 is also authorized by 42
U.S.C. 43114312.
701.22
Amended
2. In 701.22e, remove the date December 31, 2021 and add in its place the date December 31, 2022.
701.23
Amended
3. Amend 701.23 as follows:
a. In paragraph i introductory text, remove the date December 31, 2021
and add in its place the date December 31, 2022; and b. Effective April 1, 2022, in paragraph i2 remove the term CAMEL, and add in its place the term CAMELS.
701.36
Amended
4. In 701.36c3, remove the date December 31, 2021 and add in its place the date December 31, 2022.
FR Doc. 202127771 Filed 122021; 4:15 pm BILLING CODE 753501P
DEPARTMENT OF STATE
22 CFR Part 51
Public Notice: 11609
RIN 1400AE68
Passports: Option for Passport Applicants Eligible To Apply by Mail for Renewal of Passports To Apply OnLine AGENCY:
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Department of State.
22DER1