Pandemic Darlings The pandemic economy, in original documents
Home Central Liquidity Facility (rule, 85 FR 23731, April 29, 2020)Search ⌕

Central Liquidity Facility (rule, 85 FR 23731, April 29, 2020)

Summary

Federal Register pages from Wednesday, April 29, 2020 (85 FR 23731) carrying an NCUA Board interim final rule, issued in response to the COVID–19 pandemic, to give credit unions greater access to liquidity through the NCUA's Central Liquidity Facility. It implements CARES Act changes to the Federal Credit Union Act, which the rule describes as making it easier and more attractive for credit unions to join the Facility and allowing corporate credit unions to obtain loans for their own liquidity needs. The CARES Act temporarily raises the Facility's borrowing authority from twelve times to sixteen times its subscribed capital stock and surplus. The changes sunset on December 31, 2020.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Central Liquidity Facility (rule, 85 FR 23731, April 29, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/central-liquidity-facility-rule-85-fr-23731-april-29-2020-54598c90da/, SHA-256 739f287afd43cba4722a57b50da708295530cbba3aa2c44efa95632ae1e9ab81.

Full text

                                                                                                                                                                                           23731

                                          Rules and Regulations                                                                                         Federal Register
                                                                                                                                                        Vol. 85, No. 83

                                                                                                                                                        Wednesday, April 29, 2020



                                          This section of the FEDERAL REGISTER                    www.regulations.gov, as submitted,                       The Board underscores that growing
                                          contains regulatory documents having general            except for those we cannot post for                   the Facility’s membership in turn
                                          applicability and legal effect, most of which           technical reasons. The NCUA will not                  enhances its ability to borrow
                                          are keyed to and codified in the Code of                edit or remove any identifying or                     increasingly greater amounts of funds to
                                          Federal Regulations, which is published under           contact information from the public                   provide liquidity to the credit union
                                          50 titles pursuant to 44 U.S.C. 1510.
                                                                                                  comments submitted.                                   system. By significantly increasing
                                          The Code of Federal Regulations is sold by              FOR FURTHER INFORMATION CONTACT:                      access to external funding, the Facility
                                          the Superintendent of Documents.                        Owen Cole, Associate Director of the                  can better fulfill its central purpose to
                                                                                                  Office of Examination and Insurance; or               improve general financial stability by
                                                                                                  Justin M. Anderson, Senior Staff                      meeting the liquidity needs of credit
                                          NATIONAL CREDIT UNION                                   Attorney, Office of General Counsel,                  unions. The Facility is able to borrow
                                          ADMINISTRATION                                          1775 Duke Street, Alexandria, VA                      from the U.S. Treasury. The Facility’s
                                                                                                  22314–3428. Owen Cole can also be                     ability to borrow from the U.S.
                                          12 CFR Part 725
                                                                                                  reached at (703) 518–6621, and Justin                 Treasury’s Federal Financing Bank was
                                          RIN 3133–AF18                                           Anderson can be reached at (703) 518–                 an essential element of the NCUA’s and
                                                                                                  6556.                                                 the credit union system’s ability to work
                                          Central Liquidity Facility                              SUPPLEMENTARY INFORMATION:                            through the last economic crisis.
                                          AGENCY: National Credit Union                           I. Background                                            The Board notes that several of the
                                          Administration (NCUA).                                                                                        changes in this interim final rule are
                                                                                                     The Facility, a mixed-ownership
                                          ACTION: Interim final rule with request                                                                       conforming changes based on the
                                                                                                  government corporation within the
                                          for comments.                                                                                                 recently enacted CARES Act, which
                                                                                                  NCUA, established in 1979, serves as a
                                                                                                                                                        temporarily amends the FCU Act. The
                                          SUMMARY: In response to the COVID–19                    liquidity source for its member credit
                                                                                                                                                        CARES Act specifically sunsets these
                                          pandemic, the NCUA Board (Board) is                     unions.1 Its purpose is to improve
                                                                                                                                                        changes to the FCU Act. As such, the
                                          issuing this interim final rule to provide              general financial stability by meeting
                                                                                                                                                        changes in this rule that correspond to
                                          credit unions with greater access to                    the liquidity needs of credit unions and
                                                                                                                                                        the CARES Act will also sunset in
                                          liquidity to help ensure they remain                    thereby encouraging savings, supporting
                                                                                                                                                        accordance with the CARES Act on
                                          operational throughout the crisis. This                 consumer and mortgage lending, and
                                                                                                                                                        December 31, 2020. To provide clarity
                                          rule will make it easier and more                       providing basic financial resources to all
                                                                                                                                                        and transparency, the Board has
                                          attractive for credit unions to join the                segments of the economy.
                                                                                                     Section 1795f of the Federal Credit                included these temporary changes in
                                          NCUA’s Central Liquidity Facility                                                                             this rule and explains what will occur
                                          (Facility). In addition, this rule makes                Union Act (the FCU Act), among other
                                                                                                  things, gives the Board the authority to              upon the sunset of the aforementioned
                                          several amendments to conform to the                                                                          amendments.
                                          Coronavirus Aid, Relief, and Economic                   prescribe the manner in which the
                                          Security Act (CARES Act).                               general business of the Facility shall be                The specific amendments made by
                                          DATES: This rule is effective on April 29,              conducted and prescribe rules and                     this interim final rule are detailed in the
                                          2020, except for the amendment to                       regulations to carry out the Facility-                next section.
                                          § 725.6 in amendatory instruction 5,                    related provisions of the FCU Act.2
                                                                                                                                                        II. Amendments
                                          which is effective April 29, 2020 until                 Under this authority, the Board is
                                          January 1, 2022. Comments must be                       issuing this interim final rule to                       The following is a section-by-section
                                          received on or before June 29, 2020.                    enhance liquidity for credit unions                   analysis of the changes in this interim
                                          ADDRESSES: You may submit written
                                                                                                  during the COVID–19 pandemic and to                   final rule.
                                          comments, identified by RIN 3133–                       make regulatory changes that cohere to
                                                                                                  the CARES Act.3                                       Part 725
                                          AF15, by any of the following methods
                                                                                                     The Board emphasizes that while                    A. Definitions
                                          (Please send comments by one method
                                                                                                  some of the amendments in this rule are
                                          only):
                                             • Federal eRulemaking Portal: http://                temporary, they will afford significant                  In accordance with the CARES Act,
                                          www.regulations.gov. Follow the                         liquidity support to the entire credit                the Board is amending the definition of
                                          instructions for submitting comments.                   union system. However, action is                      ‘‘Liquidity needs’’ to remove the words
                                             • Fax: (703) 518–6319. Include                       needed on the part of credit unions that              ‘‘primarily serving natural persons.’’
                                          ‘‘[Your Name]—Comments on Interim                       are not already members of the Facility               This change is intended to mirror the
                                          Final Rule: CLF’’ in the transmittal.                   in order for this liquidity solution to               statutory change in the CARES Act, and
                                             • Mail: Address to Gerard Poliquin,                  reach its greatest potential. The Board               clarifies that liquidity needs are not
                                          Secretary of the Board, National Credit                 urges all natural person and corporate                limited to only natural person credit
                                          Union Administration, 1775 Duke                         credit unions that do not already belong              unions, but may also include those of
                                          Street, Alexandria, Virginia 22314–                     to the Facility to join.                              corporate credit unions or a corporate




jbell on DSKJLSW7X2PROD with RULES
                                          3428.                                                                                                         credit union group. This will allow
                                             • Hand Delivery/Courier: Same as
                                                                                                    1 Public Law 95–630, 92 Stat 3641 (Nov.10, 1978),
                                                                                                                                                        corporate credit unions to obtain loans
                                                                                                  codified at 12 U.S.C. 1795, et seq.
                                          mail address.                                             2 12 U.S.C. 1795f.
                                                                                                                                                        for their own liquidity needs. The Board
                                             Public inspection: You may view all                    3 Coronavirus Aid, Relief, and Economic Security    notes that this amendment will sunset
                                          public comments on the Federal                          Act, Public Law 116–136, 134 Stat 281 (March 27,      in accordance with the CARES Act on
                                          eRulemaking Portal at http://                           2020).                                                December 31, 2020.


                                     VerDate Sep<11>2014   16:58 Apr 28, 2020   Jkt 250001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\29APR1.SGM   29APR1
                                          23732            Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Rules and Regulations

                                          B. Regular Membership Requirements                      while not causing undue disruption to                    The Board believes the inclusion of
                                             The Board is eliminating the six-                    the operations of a corporate credit                   this provision appropriately accounts
                                          month waiting period on obtaining                       union or corporate credit union group                  for the temporary nature of this
                                          Facility advances for a credit union that               that joined the Facility under the                     provision, while assuring agents that
                                          becomes a regular member. Currently                     CARES Act amendments. The Board,                       loan agreements made during this
                                          § 725.3 provides that, with limited                     however, invites comments on the one-                  period will not also be subject to a
                                          exception, any credit union that                        year time frame to complete the                        sunset provision or be terminated before
                                          becomes a regular member of the                         aforementioned actions. The Board                      maturity. The Board believes this strikes
                                          Facility may not receive Facility                       requests specific comment on                           the appropriate balance between
                                          advances, without approval of the                       determining if this timeframe should be                Congressional intent and the tenets of
                                          NCUA Board, for a period of six months                  shorter or longer.                                     contract law.
                                                                                                                                                           In addition to the aforementioned
                                          after becoming a member.                                D. Agent Member Borrowing
                                             The Board believes it is important to                                                                       changes, the Board is also making
                                                                                                     To effectuate the intent of the CARES               cohering changes to §§ 725.18(a) and
                                          remove this restriction in light of the
                                                                                                  Act in a safe and sound manner, the                    725.19(b) to clarify the requirements
                                          overarching need to make such liquidity
                                                                                                  Board is including a clarifying                        applicable to a Facility advance to an
                                          assistance timely. The advantages of
                                                                                                  amendment to § 725.4. Such                             agent for such agent’s own needs. The
                                          accelerating liquidity-need loans to new
                                                                                                  amendment clarifies that an agent                      Board notes that such changes apply to
                                          members outweigh the practical reasons
                                                                                                  member may borrow from the Facility                    these agent loans the same
                                          that having the waiting period affords to
                                                                                                  for its own liquidity needs, but, to do so,            creditworthiness and collateral
                                          the Facility’s operations.
                                                                                                  such agent must first subscribe to the                 requirements that currently apply to
                                          C. Agent Membership                                     capital stock of the Facility in an                    Facility advances to regular members.
                                             In accordance with the CARES Act,                    amount equal to one-half of 1 percent of               The Board believes these changes are
                                          the Board is amending the nature of the                 the Agent’s own paid-in and                            necessary because a Facility advance to
                                          requirement for a corporate credit union                unimpaired capital and surplus.4 The                   an agent for its own needs will be
                                          or group of corporate credit unions to                  Board believes this requirement will                   similar to a facility advance to a regular
                                          subscribe to the capital stock of the                   ensure that Facility advances for an                   member, and, therefore, should be
                                          Facility in an amount equal to one-half                 agent’s own needs are consistent with                  subject to the same terms and
                                          of 1 percent of the paid-in an                          the design and intent of how the Facility              conditions.
                                          unimpaired capital and surplus of all of                grants extensions of credit to its natural
                                                                                                                                                         E. Termination of Membership
                                          the corporate credit union’s or corporate               person credit union members. The
                                                                                                  Board notes that agents have total                        The Board is amending the waiting
                                          credit union group’s natural person
                                                                                                  discretion as to whether to subscribe to               periods for a credit union to terminate
                                          credit union members. This change,
                                                                                                  the capital stock and borrow for their                 its membership in the Facility between
                                          which mirrors the statutory change in
                                                                                                  own needs. This is a business decision                 April 29, 2020 and January 1, 2022.
                                          the CARES Act, allows the Board, in its
                                                                                                  for an agent to make and not doing so                  Under the FCU Act and current § 725.6
                                          sole discretion, to determine which
                                                                                                  will not affect it’s standing with the                 of the NCUA’s regulations, a credit
                                          grouping of natural person member
                                                                                                  Facility or impact its ordinary duties                 union member may terminate its
                                          credit unions of the applying corporate
                                                                                                  and responsibilities in fulfilling the                 membership after a specified amount of
                                          credit union or corporate credit union
                                                                                                  needs of its agent group. The Board                    time based on that credit union’s stock
                                          group are considered covered by the
                                                                                                  believes expanding the liquidity                       subscription in the Facility. Currently, a
                                          Agent’s membership in the Facility. In
                                                                                                  resources of corporate credit unions,                  member of the Facility may terminate its
                                          turn, this approved group is the basis for
                                                                                                  even for a temporary period, is an added               membership:
                                          calculating the amount of Facility                                                                                1. Six months after notifying the
                                          capital stock the corporate credit union                measure of liquidity strength for the
                                                                                                  system as a whole.                                     NCUA Board in writing of its intention
                                          or corporate credit union group is                                                                             to do so, if the member’s stock
                                          required to purchase. This will provide                    In addition, the Board is amending
                                                                                                  § 725.17(b)(2) to clarify that an agent                subscription constitutes less than 5
                                          a corporate credit union with the                                                                              percent of total subscribed Facility
                                          flexibility to subscribe to the capital                 may apply for a Facility advance based
                                                                                                  on its own liquidity needs.                            stock; or
                                          stock of the Facility up to the maximum                                                                           2. Twenty-four months after notifying
                                          extent it can afford to do so.                             Finally, the Board notes that the
                                                                                                  foregoing amendments will sunset in                    the NCUA Board in writing of its
                                             The Board notes that this amendment                                                                         intention to do so, if the member’s stock
                                          will sunset in accordance with the                      accordance with requirements of the
                                                                                                  CARES Act on December 31, 2020. As                     subscription constitutes 5 percent or
                                          CARES Act on December 31, 2020.                                                                                more of total subscribed Facility stock.5
                                          Upon the sunset of this amendment, any                  such, the Board is including language to
                                                                                                  clarify the ramifications of the sunset of                The Board is amending this section of
                                          corporate credit union or corporate                                                                            part 725 to temporarily permit a credit
                                          credit union group that became an agent                 this provision. Specifically, this interim
                                                                                                  final rule provides that upon sunset of                union, regardless of its percentage
                                          member under this provision must,                                                                              amount of stock subscription, to
                                          within one-year from the sunset date,                   this provision, an agent must:
                                                                                                     (1) Not request any additional Facility             withdraw from membership in the
                                          either:                                                                                                        Facility after notifying the NCUA Board
                                             1. Purchase Facility stock in                        advances for its own liquidity needs;
                                                                                                  and                                                    in writing on the sooner of:
                                          accordance with the terms of the                                                                                  (A) Six months from the date of its
                                          regulation as written post sunset of the                   (2) continue to follow the terms of the
                                                                                                                                                         written notice to the NCUA Board; or
                                                                                                  Facility advance agreement entered into




jbell on DSKJLSW7X2PROD with RULES
                                          CARES Act amendments; or                                                                                          (B) December 31, 2020.
                                             2. terminate its membership in the                   between the agent and the Facility.                       Further, any credit union, that
                                          facility.                                                 4 A credit union is required to pay into the
                                                                                                                                                         remains a member after December 31,
                                             The Board believes that these two                    Facility one-half of the amount required by the        2020, may, under this rule, withdraw
                                          options take into account the temporary                 regulations and to hold the other one-half in liquid
                                          nature of the CARES Act amendments,                     assets on its balance sheet.                            5 12 CFR 725.6.




                                     VerDate Sep<11>2014   16:00 Apr 28, 2020   Jkt 250001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\29APR1.SGM   29APR1
                                                           Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Rules and Regulations                                           23733

                                          from membership immediately upon                        G. CARES Act Changes Not Included in                   additional flexibility provided by
                                          notifying the Board in writing of its                   This Interim Final Rule                                Congress.
                                          intent to do so. The Board notes that                      The Board notes that the CARES Act                  III. Regulatory Procedures
                                          such immediate withdrawal period will                   includes two additional amendments to
                                          expire on December 31, 2021. After                      the FCU Act that are not reflected in this             A. Administrative Procedure Act
                                          December 31, 2021, the termination                      rule. Specifically, those changes are as                  The Board is issuing this interim final
                                          requirements of current paragraphs (a)                  follows.                                               rule without prior notice and the
                                          and (b) of this section shall be reinstated                It considerably increases the Facility’s            opportunity for public comment and the
                                          and apply to all members. The Board                     borrowing capacity. The FCU Act                        delayed effective date ordinarily
                                          believes that this flexibility is necessary             normally provides the Facility with the                prescribed by the Administrative
                                          to encourage the greatest number of                     authority to borrow, provided that these               Procedure Act (APA). Pursuant to
                                          eligible credit unions to join the                      obligations do not exceed twelve times                 section 553(b)(B) of the APA, general
                                          Facility.                                               the subscribed capital stock and surplus               notice and the opportunity for public
                                             The Board notes that having waiting                  of the Facility (that is, the sum of its               comment are not required with respect
                                          periods for stock redemptions is a                      retained earnings and capital stock).6                 to a rulemaking when an ‘‘agency for
                                          provision that is designed to prevent                   The CARES Act temporarily increases                    good cause finds (and incorporates the
                                          unpredictable disruptions in the balance                the multiplier from ‘‘twelve times’’ to                finding and a brief statement of reasons
                                          sheet and operations of the Facility.                   ‘‘sixteen times.’’ This means that for                 therefor in the rules issued) that notice
                                          Ordinarily, such waiting periods                        every $1 of capital and surplus, the                   and public procedure thereon are
                                          provide flexibility to the Facility to                  Facility may now borrow $16. As credit                 impracticable, unnecessary, or contrary
                                          manage transitions of membership in a                   unions that join the Facility only have                to the public interest.’’
                                                                                                  to pay in one-half of the capital stock                   The Board believes that the public
                                          way that makes its balance sheet and
                                                                                                  subscription amount, this means that for               interest is best served by implementing
                                          pro forma financial information more
                                                                                                  every new dollar paid in of the capital                the interim final rule immediately upon
                                          stable and predictable. These are
                                                                                                  stock subscription amount, the Facility                publication in the Federal Register. As
                                          important factors for any financial entity
                                                                                                  can now borrow $32.7 As there is                       discussed above, the Board notes that
                                          to have so that it can plan its needs and               currently no corresponding provision in
                                          capacity with adequate reliability for its                                                                     the COVID–19 crisis is unprecedented.
                                                                                                  the NCUA’s regulations, the Board is not               It is a rapidly changing and difficult to
                                          stakeholders. The Board is providing the                including any related regulatory change
                                          above redemption flexibilities only                                                                            anticipate how the disruptions caused
                                                                                                  in this interim final rule.                            by the crisis will manifest themselves
                                          during the current COVID–19 pandemic.                      Further, the legislation provides more
                                          Given the anticipated temporary nature                                                                         within the financial system and how
                                                                                                  clarity about the purposes for which the               individual credit unions may be
                                          of this pandemic and the need for                       NCUA Board can approve liquidity-
                                          increased liquidity during this event,                                                                         impacted. Because of the widespread
                                                                                                  need requests by removing the phrase
                                          the Board is comfortable that expediting                                                                       impact of a pandemic and the speed
                                                                                                  ‘‘the Board shall not approve an
                                          membership termination is both                                                                                 with which disruptions have
                                                                                                  application for credit the intent of
                                          manageable and necessary.                                                                                      transmitted throughout the United
                                                                                                  which is to expand credit union
                                                                                                                                                         States, the Board believes it is has good
                                          F. Collateral Requirements                              portfolios.’’ 8 The NCUA Board now has
                                                                                                                                                         cause to determine that ordinary notice
                                                                                                  more flexibility and discretion to
                                                                                                                                                         and public procedure are impracticable
                                             The Board is reducing the amount of                  approve applications for Facility
                                                                                                                                                         and that moving expeditiously in the
                                          collateral required for certain assets                  members that have made a reasonable
                                                                                                                                                         form of an interim final rule is in the
                                          used to secure each Facility advance                    effort to first utilize primary sources of
                                                                                                                                                         best of interests of the public and the
                                          and each agent loan. Currently, this                    funding. This change increases the
                                                                                                  transparency and efficiency of the loan-               federally insured credit unions that
                                          section of the NCUA’s regulations                                                                              serve that public.
                                          requires that each Facility advance and                 approval process by removing doubt
                                                                                                                                                            The Board views this crisis as one
                                          each agent loan be secured by a first                   about whether a credit union’s portfolio
                                                                                                                                                         which has the potential to disrupt
                                          priority security interest in collateral of             is allowed to expand if it borrows from
                                                                                                  the Facility to meet liquidity needs. The              liquidity within the system. Liquidity
                                          the credit union with a net book value                                                                         needs are of a nature that if not
                                          at least equal to 110% of all amounts                   Board notes that part 725 does not use
                                                                                                  the ‘‘expand credit union portfolios’’                 addressed swiftly and decisively, can
                                          due under the applicable Facility                                                                              translate into rapid financial distress for
                                          advance or agent loan, or by guarantee                  language. Further, the Board believes
                                                                                                  the current construction of part 725 is                individual institutions or even the
                                          of the NCUSIF. For the reasons                                                                                 broader system. These actions are
                                          described below, the Board is replacing                 flexible enough to encompass this
                                                                                                  change in the CARES Act without a                      proactive steps that are designed to
                                          the 110% requirement with a                                                                                    alleviate potential liquidity strains and
                                                                                                  corresponding regulatory change.
                                          requirement that a credit union                                                                                are undertaken with expedience to
                                                                                                  However, the Board is including this
                                          collateralize a Facility advance or Agent                                                                      ensure the maximum intended effects
                                                                                                  discussion to alert the public of this
                                          loan in accordance with the Facility                                                                           are in place at the earliest opportunity.
                                          collateral table posted on the NCUA’s                     6 See. 12 U.S.C. 1795f(a)(4)(A).                        In addition, the Board notes that the
                                          website, www.NCUA.gov. The collateral                      7 Credit unions have to subscribe to the Facility   provisions in this rule are temporary in
                                          table varies the required collateral                    capital stock in the amount of one half of one         nature, and designed specifically to help
                                          percentages based upon different types                  percent of the credit union’s six month average of     credit unions affected by the COVID–19
                                                                                                  paid-in and unimpaired capital and surplus (that is,
                                          of assets, and in some cases requires less              the total of shares/deposits and undivided             pandemic. For these reasons, the Board




jbell on DSKJLSW7X2PROD with RULES
                                          than 110%. Depending on the types of                    earnings). Credit unions only have to remit to the     finds that there is good cause consistent
                                          assets a member has available to secure                 Facility one-half of the subscription amount—that      with the public interest to issue the rule
                                          an advance request, this may ease the                   is one-quarter of one-percent of paid-in and           without advance notice and comment.
                                                                                                  unimpaired capital and surplus. The other half may
                                          collateral requirements somewhat and                    be held by the credit union on call of the NCUA           The APA also requires a 30-day
                                          permit a greater amount of borrowing                    Board.                                                 delayed effective date, except for (1)
                                          overall.                                                   8 See. 12 U.S.C. 1795e(a)(1).                       substantive rules which grant or


                                     VerDate Sep<11>2014   16:00 Apr 28, 2020   Jkt 250001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\29APR1.SGM   29APR1
                                          23734            Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Rules and Regulations

                                          recognize an exemption or relieve a                     C. Paperwork Reduction Act                            (b) the accuracy of the agency’s estimate
                                          restriction; (2) interpretative rules and                  The Paperwork Reduction Act of 1995                of the burden of the proposed collection
                                          statements of policy; or (3) as otherwise               (PRA) applies to rulemakings in which                 of information, including the validity of
                                          provided by the agency for good cause.                  an agency by rule creates a new                       the methodology and assumptions used;
                                          Because the rules relieve a restriction,                paperwork burden on regulated entities                (c) ways to enhance the quality, utility
                                          the interim final rule is exempt from the               or modifies an existing burden (44                    and clarity of the information to be
                                          APA’s delayed effective date                            U.S.C. 3507(d)). For purposes of the                  collected; and (d) ways to minimize the
                                          requirement.                                            PRA, a paperwork burden may take the                  burden of the collection of information
                                             While the Board believes that there is                                                                     on those who are to respond, including
                                                                                                  form of a reporting, recordkeeping, or a
                                          good cause to issue the rule without                                                                          through the use of appropriate
                                                                                                  third-party disclosure requirement,
                                          advance notice and comment and with                                                                           automated, electronic, mechanical, or
                                          an immediate effective date, the Board                  referred to as an information collection.
                                                                                                     The NCUA is amending part 725 to                   other technological collection
                                          is interested in the views of the public                                                                      techniques or other forms of information
                                          and requests comment on all aspects of                  eliminate the six-month waiting period
                                                                                                  on Facility advances for a credit union               technology; and (e) estimates of capital
                                          the interim final rule.                                                                                       or start-up costs and cost of operation,
                                                                                                  that becomes a new regular member. By
                                          B. Congressional Review Act                             removing this restriction, the NCUA can               maintenance, and purchase of services
                                                                                                  provide needed liquidity assistance in                to provide information.
                                             For purposes of the Congressional                                                                             All comments are a matter of public
                                          Review Act, the OMB makes a                             an expedited manner. The NCUA is also
                                                                                                                                                        records. Comments regarding the
                                          determination as to whether a final rule                modifying the waiting period for a
                                                                                                                                                        information collection requirements of
                                          constitutes a ‘‘major’’ rule. If a rule is              credit union to terminate its
                                                                                                                                                        this rule should be sent to Dawn
                                          deemed a ‘‘major rule’’ by the Office of                membership in the Facility with the
                                                                                                                                                        Wolfgang, National Credit Union
                                          Management and Budget (OMB), the                        intent of providing added flexibility to
                                                                                                                                                        Administration, 1775 Duke Street, Suite
                                          Congressional Review Act generally                      encourage the greatest number of
                                                                                                                                                        6018, Alexandria, Virginia 22314; Fax
                                          provides that the rule may not take                     eligible credit unions to join the Facility
                                                                                                                                                        No. 703–519–8579; or Email at
                                          effect until at least 60 days following its             immediately to help the Agency and the
                                                                                                                                                        PRAComments@NCUA.gov. Given the
                                          publication.                                            system at large leverage these temporary
                                                                                                                                                        limited in-house staff because of the
                                             The Congressional Review Act defines                 measures and secure an adequate
                                                                                                                                                        COVID–19 pandemic, email comments
                                          a ‘‘major rule’’ as any rule that the                   amount of external liquidity resources.
                                                                                                                                                        are preferred.
                                          Administrator of the Office of                          By significantly increasing access to
                                          Information and Regulatory Affairs of                   external funding, the Facility can better             D. Executive Order 13132
                                          the OMB finds has resulted in or is                     fulfill its central purpose to improve                  Executive Order 13132 encourages
                                          likely to result in (A) an annual effect                general financial stability by meeting                independent regulatory agencies to
                                          on the economy of $100,000,000 or                       the liquidity needs of credit unions.                 consider the impact of their actions on
                                          more; (B) a major increase in costs or                     The information collection                         state and local interests. The NCUA, an
                                          prices for consumers, individual                        requirements of part 725 are currently                independent regulatory agency as
                                          industries, Federal, State, or local                    covered by OMB control number 3133–                   defined in 44 U.S.C. 3502(5), voluntarily
                                          government agencies or geographic                       0061. These temporary amendments are                  complies with the executive order to
                                          regions, or (C) significant adverse effects             estimated to increase the number of                   adhere to fundamental federalism
                                          on competition, employment,                             respondents from its current estimate of              principles.
                                          investment, productivity, innovation, or                5 annually to 269 during this period;                   This interim final rule does not have
                                          on the ability of United States-based                   with a total information collection                   substantial direct effects on the states,
                                          enterprises to compete with foreign-                    burden of 691 hours.                                  on the relationship between the national
                                          based enterprises in domestic and                          NCUA has obtained emergency                        government and the states, or on the
                                          export markets.                                         approval from the Office of Management                distribution of power and
                                             For the same reasons set forth above,                and Budget for a 6-month period.                      responsibilities among the various
                                          the Board is adopting the interim final                 During this time the Agency will accept               levels of government. The NCUA has
                                          rule without the delayed effective date                 public comments on the information                    therefore determined that this rule does
                                          generally prescribed under the                          collection requirements and take                      not constitute a policy that has
                                          Congressional Review Act. The delayed                   appropriate action in the final request               federalism implications for purposes of
                                          effective date required by the                          for PRA approval.                                     the executive order.
                                          Congressional Review Act does not                          OMB Control Number: 3133–0061.
                                          apply to any rule for which an agency                      Title of information collection:                   E. Assessment of Federal Regulations
                                          for good cause finds (and incorporates                  Central Liquidity Facility, 12 CFR part               and Policies on Families
                                          the finding and a brief statement of                    725.                                                    The NCUA has determined that this
                                          reasons therefor in the rule issued) that                  Estimated number of respondents:                   rule will not affect family well-being
                                          notice and public procedure thereon are                 269.                                                  within the meaning of section 654 of the
                                          impracticable, unnecessary, or contrary                    Estimated number of responses per                  Treasury and General Government
                                          to the public interest. In light of current             respondent: 4.26.                                     Appropriations Act, 1999, Public Law
                                          market uncertainty, the Board believes                     Estimated total annual responses:                  105–277, 112 Stat. 2681 (1998).
                                          that delaying the effective date of the                 1,146.
                                          rule would be contrary to the public                       Estimated burden per response: 0.60.               F. Regulatory Flexibility Act (RFA)
                                          interest for the same reasons discussed                    Estimated total annual burden: 691.                   The Regulatory Flexibility Act (RFA)




jbell on DSKJLSW7X2PROD with RULES
                                          above.                                                     The NCUA invites comments on: (a)                  generally requires that when an agency
                                             As required by the Congressional                     Whether the proposed collection of                    issues a proposed rule or a final rule
                                          Review Act, the Board will submit the                   information is necessary for the proper               pursuant to section 553(b) of the APA or
                                          final rule and other appropriate reports                performance of the functions of the                   another law, the agency must prepare a
                                          to Congress and the Government                          agency, including whether the                         regulatory flexibility analysis that meets
                                          Accountability Office for review.                       information will have practical utility;              the requirements of the RFA and


                                     VerDate Sep<11>2014   16:00 Apr 28, 2020   Jkt 250001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\29APR1.SGM   29APR1
                                                               Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Rules and Regulations                                           23735

                                          publish such analysis in the Federal                       ■ 4. In § 725.4, revise paragraph (a)(2) to           unimpaired capital and surplus. Upon
                                          Register. 5 U.S.C. 603, 604. Specifically,                 read as follows:                                      approval of the application, the Agent
                                          the RFA normally requires agencies to                                                                            shall forward funds equal to one-half of
                                                                                                     § 725.4    Agent membership.
                                          describe the impact of a rulemaking on                                                                           this stock subscription to the Facility.
                                          small entities by providing a regulatory                      (a) * * *                                          This amount shall be in addition to the
                                          impact analysis. Such analysis must                           (2) Subscribing to the capital stock of            amounts required by paragraph (a)(2)(i)
                                          address the consideration of regulatory                    the Facility in an amount equal to:                   or (ii) of this section, if a corporate
                                                                                                        (i) One-half of 1 percent of the paid-
                                          options that would lessen the economic                                                                           credit union or corporate credit union
                                                                                                     in and unimpaired capital and surplus
                                          effect of the rule on small entities. The                                                                        group joined the facility as an Agent and
                                                                                                     (as determined in accordance with
                                          RFA defines a ‘‘small entity’’ as (1) a                                                                          intends to borrow for its own liquidity
                                                                                                     § 725.5(b) of this part) of all the
                                          proprietary firm meeting the size                                                                                needs. Any corporate credit union or
                                                                                                     corporate credit union’s or corporate
                                          standards of the Small Business                                                                                  corporate credit union group that
                                                                                                     credit union group’s member natural
                                          Administration (SBA); (2) a nonprofit                                                                            received a Facility advance for its own
                                                                                                     person credit unions, except those
                                          organization that is not dominant in its                                                                         liquidity need under the temporary
                                                                                                     which are Regular members of the
                                          field; or (3) a small government                                                                                 requirements set forth in this paragraph
                                                                                                     Facility or which have access to the
                                          jurisdiction with a population of less                                                                           must, as of January 1, 2021 and
                                                                                                     Facility through, and are included in the
                                          than 50,000. 5 U.S.C. 601(3)–(6). Except                                                                         thereafter:
                                                                                                     stock subscription of, another Agent (a
                                          for such small government jurisdictions,                                                                            (A) Not request any additional
                                                                                                     natural person credit union which is a
                                          neither State nor local governments are                                                                          Facility advances for its own liquidity
                                                                                                     member of more than one Agent
                                          ‘‘small entities.’’ Similarly, for purposes                                                                      needs; and
                                                                                                     member of the Facility must designate
                                          of the RFA, individual persons are not                                                                              (B) Continue to follow the terms of the
                                                                                                     through which Agent it will deal with
                                          small entities.                                                                                                  Facility advance agreement entered into
                                                                                                     the Facility, and the designated Agent
                                             Rules that are exempt from notice and                                                                         between the Agent and the Facility.
                                                                                                     will be responsible for including the
                                          comment are also exempt from the RFA                                                                             *      *     *      *     *
                                                                                                     capital and surplus of such credit union
                                          requirements, including conducting a                                                                             ■ 5. In § 725.6, effective April 29, 2020
                                                                                                     in the calculation of its stock
                                          regulatory flexibility analysis, when                                                                            until January 1, 2022, paragraphs (a) and
                                                                                                     subscription). Upon approval of the
                                          among other things the agency for good                                                                           (b) are stayed and paragraph (e) is
                                                                                                     application, the Agent shall forward
                                          cause finds that notice and public                                                                               added.
                                                                                                     funds equal to one-half of this initial
                                          procedure are impracticable,                                                                                        The addition reads as follows:
                                                                                                     stock subscription to the Facility;
                                          unnecessary, or contrary to the public                        (ii) From April 29, 2020 until
                                          interest.9 Accordingly, the NCUA is not                    December 31, 2020, one-half of 1                      § 725.6    Termination of membership.
                                          required to conduct a regulatory                           percent of the paid-in and unimpaired                 *       *   *      *     *
                                          flexibility analysis for the reasons stated                capital and surplus (as determined in                    (e) The following requirements apply
                                          above relating to the good cause                           accordance with § 725.5(b) of this part)              to a credit union’s termination of
                                          exemption.                                                 of such credit union members of the                   membership in the Facility:
                                          List of Subjects in 12 CFR Part 725                        corporate credit union or corporate                      (1) A member, regardless of its
                                                                                                     credit union group as the Board may                   amount of stock subscription, may
                                            Credit unions, Reporting and                                                                                   withdraw from membership in the
                                                                                                     determine in its sole discretion, except
                                          recordkeeping requirements.                                                                                      Facility after notifying the NCUA Board
                                                                                                     those which are Regular members of the
                                            By the NCUA Board on April 13, 2020.                     Facility or which have access to the                  in writing on the sooner of:
                                          Gerard Poliquin,                                           Facility through, and are included in the                (i) Six months from the date of its
                                          Secretary of the Board.                                    stock subscription of, another Agent (a               written notice to the NCUA Board; or
                                                                                                     natural person credit union which is a                   (ii) December 31, 2020.
                                            For the reasons discussed above, the
                                                                                                     member of more than one Agent                            (2) Any credit union that does not
                                          NCUA Board is amending 12 CFR part
                                                                                                     member of the Facility must designate                 elect to withdraw from membership in
                                          725 as follows:
                                                                                                     through which Agent it will deal with                 the Facility during the time periods
                                          PART 725—NATIONAL CREDIT UNION                             the Facility, and the designated Agent                prescribed in paragraph (e)(1) of this
                                          ADMINISTRATION CENTRAL                                     will be responsible for including the                 section, may immediately withdraw
                                          LIQUIDITY FACILITY                                         capital and surplus of such credit union              from membership in the Facility after
                                                                                                     in the calculation of its stock                       notifying the NCUA Board in writing of
                                          ■ 1. The authority citation for part 725                   subscription). Upon approval of the                   its intention to do so from January 1,
                                          continues to read as follows:                              application, the Agent shall forward                  2021, to January 1, 2022. As of January
                                              Authority: 12 U.S.C. 1795f(a)(2).                      funds equal to one-half of this initial               1, 2022, the requirements of paragraphs
                                                                                                     stock subscription to the Facility. A                 (a) and (b) of this section, as in effect on
                                          ■ 2. In § 725.2, revise paragraph (i)                      corporate credit union or corporate                   March 1, 2020, shall apply.
                                          introductory text to read as follows:                      credit union group that became an                        (3) The Facility will process requests
                                          § 725.2     Definitions.                                   Agent member of the Facility under this               under this paragraph (e) upon demand
                                                                                                     paragraph shall, after December 31,                   and deliver funds as soon as practicable,
                                          *     *     *     *    *                                                                                         allowing for the time necessary for
                                                                                                     2020, but before January 1, 2022, either:
                                            (i) Liquidity needs means the needs of                                                                         settlement and transfer of funds in these
                                                                                                        (A) Purchase Facility stock in
                                          credit unions for:                                                                                               transactions.
                                                                                                     accordance with the terms of paragraph
                                          *     *     *     *    *                                   (a)(2)(i) of this section or                          ■ 6. In § 725.17, revise paragraph (b)(2)




jbell on DSKJLSW7X2PROD with RULES
                                          § 725.3     [Amended]
                                                                                                        (B) Terminate its membership in the                to read as follows:
                                                                                                     facility.
                                          ■ 3. In § 725.3, remove and reserve                           (iii) From April 29, 2020 until                    § 725.17    Applications for extensions of
                                          paragraph (b).                                             December 31, 2020, if borrowing for its               credit.
                                                                                                     own liquidity needs, one-half of 1                    *       *    *     *     *
                                              9 5 U.S.C. 553(a).                                     percent of the Agent’s own paid-in and                    (b) * * *


                                     VerDate Sep<11>2014      16:00 Apr 28, 2020   Jkt 250001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\29APR1.SGM   29APR1
                                          23736            Federal Register / Vol. 85, No. 83 / Wednesday, April 29, 2020 / Rules and Regulations

                                             (2) The Agent’s application shall be                 DEPARTMENT OF THE TREASURY                            Involving Real Estate in the United
                                          based on the following:                                                                                       States’’ in all correspondence. In
                                             (i) Approved applications to the                     Office of Investment Security                         general, the Treasury Department will
                                          Agent by its member natural person                                                                            post all comments to https://
                                                                                                  31 CFR Parts 800 and 802                              www.regulations.gov without change,
                                          credit unions for pending loans to meet
                                          liquidity needs; or                                                                                           including any business or personal
                                                                                                  RIN 1505–AC65
                                                                                                                                                        information provided, such as names,
                                             (ii) Outstanding loans previously                                                                          addresses, email addresses, or telephone
                                                                                                  Filing Fees for Notices of Certain
                                          made by the Agent to meet liquidity                                                                           numbers. All comments received,
                                                                                                  Investments in the United States by
                                          needs of its member natural person                                                                            including attachments and other
                                                                                                  Foreign Persons and Certain
                                          credit unions; or                                       Transactions by Foreign Persons                       supporting material, will be part of the
                                             (iii) Such other demonstrable                        Involving Real Estate in the United                   public record and subject to public
                                          liquidity needs as the NCUA Board may                   States                                                disclosure. You should only submit
                                          specify; or                                                                                                   information that you wish to make
                                                                                                  AGENCY: Office of Investment Security,                publicly available.
                                             (iv) The applicant Agent’s own                       Department of the Treasury.                           FOR FURTHER INFORMATION CONTACT: For
                                          liquidity needs.
                                                                                                  ACTION: Interim rule with request for                 questions about this rule, contact: Laura
                                          ■ 7. In § 725.18, revise paragraphs (a)                 comments.                                             Black, Director of Investment Security
                                          and (d) to read as follows:                                                                                   Policy and International Relations;
                                                                                                  SUMMARY: The interim rule establishes a               Meena R. Sharma, Deputy Director of
                                          § 725.18   Creditworthiness.                            fee for parties filing a formal written               Investment Security Policy and
                                                                                                  notice of a transaction for review by the             International Relations; David Shogren,
                                            (a) Prior to Facility approval of each
                                                                                                  Committee on Foreign Investment in the                Senior Policy Advisor; or James Harris,
                                          application of a Regular member for a                   United States (CFIUS). In establishing a
                                          Facility advance or an Agent member                                                                           Senior Policy Advisor, at U.S.
                                                                                                  fee for such notices, this rule                       Department of the Treasury, 1500
                                          for a Facility advance for such Agent                   implements section 1723 of the Foreign
                                          member’s own need, the Facility shall                                                                         Pennsylvania Avenue NW, Washington,
                                                                                                  Investment Risk Review Modernization                  DC 20220; telephone: (202) 622–3425;
                                          consider the creditworthiness of such                   Act of 2018, which amends section 721
                                          member.                                                                                                       email: CFIUS.FIRRMA@treasury.gov.
                                                                                                  of the Defense Production Act of 1950
                                                                                                                                                        SUPPLEMENTARY INFORMATION:
                                          *     *     *     *     *                               to allow CFIUS to collect fees. This
                                            (d) A credit union (whether a Regular                 interim rule includes a request for                   I. Background
                                          member of the Facility, Agent member,                   additional public comment.                               On March 9, 2020, the Department of
                                          or a member natural person credit                       DATES:                                                the Treasury (Treasury Department)
                                          union) which does not meet the                             Effective date: The interim rule is                published a notice of proposed
                                          Facility’s creditworthiness standards                   effective on May 1, 2020.                             rulemaking amending 31 CFR part 800
                                          may be limited in or denied the use of                     Comment date: The Department of the                (Part 800) and 31 CFR part 802 (Part
                                          advances for its liquidity needs.                       Treasury (Treasury Department) is                     802) to establish filing fees. 85 FR 13586
                                                                                                  seeking written comments from the                     (March 9, 2020). (The Office of the
                                          ■ 8. In § 725.19, revise paragraphs (a)                 public on the interim rule, which must                Federal Register made the proposed rule
                                          and (b) to read as follows:                             be received by June 1, 2020.                          available for public inspection on March
                                          § 725.19   Collateral requirements.                     ADDRESSES: Written comments on the                    4, 2020.) The proposed rule proposed
                                                                                                  interim rule may be submitted through                 establishing a filing fee for ‘‘covered
                                             (a) Each Facility advance and each                   one of two methods:                                   transactions’’ under Part 800 and
                                          Agent loan shall be secured by a first                     • Electronic Submission: Comments                  ‘‘covered real estate transactions’’ under
                                          priority security interest in collateral of             may be submitted electronically through               Part 802 that are filed with the
                                          the credit union with a net book value                  the Federal government eRulemaking                    Committee on Foreign Investment in the
                                          at least equal to an amount as required                 portal at https://www.regulations.gov.                United States (CFIUS or the Committee)
                                          by the Facility’s collateral table,                     Electronic submission of comments                     as formal written notices. The proposed
                                          published at www.NCUA.gov, or by                        allows the commenter maximum time to                  rule created a new subpart K on filing
                                          guarantee of the National Credit Union                  prepare and submit a comment, ensures                 fees in each of Part 800 and Part 802,
                                          Share Insurance Fund.                                   timely receipt, and enables the Treasury              and made a limited number of revisions
                                             (b) The Facility may accept as                       Department to make the comments                       to other related sections of those
                                          collateral for each Facility advance to a               available to the public.                              regulations. Public comments on the
                                          Regular member or to an Agent member,                      • Mail: Send to U.S. Department of                 proposed rule were due by April 3, 2020
                                                                                                  the Treasury, Attention: Laura Black,                 and are discussed below. This interim
                                          for such Agent member’s own needs, a
                                                                                                  Director of Investment Security Policy                rule establishes the filing fees for Part
                                          security interest in all assets of the
                                                                                                  and International Relations, 1500                     800 and Part 802—effective May 1,
                                          member; provided however, that the
                                                                                                  Pennsylvania Avenue NW, Washington,                   2020—and also allows the public an
                                          value of any assets in which any third
                                                                                                  DC 20220.                                             additional opportunity to comment on
                                          party has a perfected security interest
                                                                                                     We encourage comments to be                        the rule.
                                          that is superior to the security interest               submitted via https://                                   In establishing a fee for formal written
                                          of the Facility shall be excluded for                   www.regulations.gov. Please submit                    notices, this rule implements section
                                          purposes of complying with the




jbell on DSKJLSW7X2PROD with RULES
                                                                                                  comments only and include your name                   1723 of the Foreign Investment Risk
                                          requirements of paragraph (a) of this                   and company name (if any), and cite                   Review Modernization Act of 2018
                                          section.                                                ‘‘Filing Fees for Notices of Certain                  (FIRRMA), which amends section 721 of
                                          *      *    *     *     *                               Investments in the United States by                   the Defense Production Act of 1950
                                          [FR Doc. 2020–08101 Filed 4–28–20; 8:45 am]             Foreign Persons and Certain                           (DPA) to allow CFIUS to collect fees.
                                          BILLING CODE 7535–01–P                                  Transactions by Foreign Persons                       FIRRMA authorizes the collection of


                                     VerDate Sep<11>2014   16:00 Apr 28, 2020   Jkt 250001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\29APR1.SGM   29APR1


File and source

File
FR-2020-04-29_2020-08101.pdf
Size
244,055 bytes
SHA-256
739f287afd43cba4722a57b50da708295530cbba3aa2c44efa95632ae1e9ab81
Our copy
FR-2020-04-29_2020-08101.pdf
Original
www.govinfo.gov
Back to top