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Central Liquidity Facility (rule, 86 FR 15568, March 24, 2021)

Summary

Federal Register pages from Wednesday, March 24, 2021 (86 FR 15568) carrying an NCUA Board interim final rule that conforms NCUA's regulations to the Consolidated Appropriations Act, 2021. The Act extended the CARES Act enhancements to the Central Liquidity Facility to December 31, 2021. On April 16, 2020 the Board had approved an interim final rule implementing those CARES Act changes, which were set to sunset on December 31, 2020. The rule sets out what happens at the new sunset: an agent must not request additional Facility advances for its own liquidity needs, and the definition of liquidity needs reverts to the pre-CARES Act version. The pages open with unrelated NRC amendment listings.

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, 86 FR 15568, March 24, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/central-liquidity-facility-rule-86-fr-15568-march-24-2021-779019367c/, SHA-256 3713d843863a55c05d720b86ffddafdac12cd4ed5abe0f021febd9ac0c950222.

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                                             15568            Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations

                                             Amendment Number 7, Revision 1, on                         SAR Submitted by: TN Americas LLC.                    • Federal eRulemaking Portal: http://
                                             April 25, 2017, superseded by Renewed                      SAR Title: Final Safety Analysis                   www.regulations.gov. Follow the
                                             Amendment Number 7, Revision 1, on                      Report for the Standardized NUHOMS®                   instructions for submitting comments.
                                             December 11, 2017.                                      Horizontal Modular Storage System for                    • Fax: (703) 518–6319. Include
                                               Renewed Amendment Number 7,                           Irradiated Nuclear Fuel.                              ‘‘[Your Name]—Comments on Interim
                                             Revision 1, Effective Date: December 11,                   Docket Number: 72–1004.                            Final Rule: CLF 2021—NCUA–2021–
                                             2017.                                                      Certificate Expiration Date: January               0037’’ in the transmittal.
                                               Amendment Number 8 Effective Date:                    23, 2015.                                                • Mail: Address to Melane Conyers-
                                             December 5, 2005, superseded by                            Renewed Certificate Expiration Date:               Ausbrooks, Secretary of the Board,
                                             Amendment Number 8, Revision 1, on                      January 23, 2055.                                     National Credit Union Administration,
                                             April 25, 2017, superseded by Renewed                      Model Number: NUHOMS®–24P,                         1775 Duke Street, Alexandria, Virginia
                                             Amendment Number 8, Revision 1, on                      –24PHB, –24PTH, –32PT, –32PTH1,                       22314–3428.
                                             December 11, 2017.                                      –37PTH, –52B, –61BT, –61BTH, and                         • Hand Delivery/Courier: Same as
                                               Renewed Amendment Number 8,                           –69BTH.                                               mail address.
                                             Revision 1, Effective Date: December 11,                *     *     *     *     *                                Public inspection: You may view all
                                             2017.                                                     Dated: March 9, 2021.                               public comments on the Federal
                                               Amendment Number 9 Effective Date:                      For the Nuclear Regulatory Commission.              eRulemaking Portal at http://
                                             April 17, 2007, superseded by                           Margaret M. Doane,                                    www.regulations.gov, as submitted,
                                             Amendment Number 9, Revision 1, on                                                                            except for those we cannot post for
                                                                                                     Executive Director for Operations.
                                             April 25, 2017, superseded by Renewed                                                                         technical reasons. The NCUA will not
                                                                                                     [FR Doc. 2021–06076 Filed 3–23–21; 8:45 am]
                                             Amendment Number 9, Revision 1, on                                                                            edit or remove any identifying or
                                                                                                     BILLING CODE 7590–01–P
                                             December 11, 2017.                                                                                            contact information from the public
                                               Renewed Amendment Number 9,                                                                                 comments submitted. Due to social
                                             Revision 1, Effective Date: December 11,                                                                      distancing measures in effect, the usual
                                             2017.                                                   NATIONAL CREDIT UNION                                 opportunity to inspect paper copies of
                                               Amendment Number 10 Effective                         ADMINISTRATION                                        comments in the NCUA’s law library is
                                             Date: August 24, 2009, superseded by                                                                          not currently available. After social
                                                                                                     12 CFR Part 725
                                             Amendment Number 10, Revision 1, on                                                                           distancing measures are relaxed, visitors
                                             April 25, 2017, superseded by Renewed                   [NCUA–2021–0037]                                      may make an appointment to review
                                             Amendment Number 10, Revision 1, on                     RIN 3133–AF15                                         paper copies by calling (703) 518–6540
                                             December 11, 2017.                                                                                            or emailing OGCMail@ncua.gov.
                                               Renewed Amendment Number 10,                          Central Liquidity Facility                            FOR FURTHER INFORMATION CONTACT:
                                             Revision 1, Effective Date: December 11,                                                                      Anthony Cappetta, CLF Vice President,
                                             2017.                                                   AGENCY: National Credit Union
                                                                                                                                                           Office of Examination and Insurance; or
                                               Amendment Number 11 Effective                         Administration (NCUA).
                                                                                                                                                           Justin M. Anderson, Senior Staff
                                             Date: January 7, 2014, superseded by                    ACTION: Interim final rule with request               Attorney, Office of General Counsel,
                                             Amendment Number 11, Revision 1, on                     for comments.                                         1775 Duke Street, Alexandria, VA
                                             April 25, 2017, superseded by Renewed                                                                         22314–3428. Anthony Cappetta can also
                                                                                                     SUMMARY: In response to the enactment
                                             Amendment Number 11, Revision 1, on                                                                           be reached at (703) 518–1592, and Justin
                                                                                                     of the Consolidated Appropriations Act,
                                             December 11, 2017.                                                                                            Anderson can be reached at (703) 518–
                                               Renewed Amendment Number 11,                          2021, (CAA) the NCUA Board (Board) is
                                                                                                     issuing this interim final rule to cohere             6556.
                                             Revision 1, Effective Date: December 11,
                                                                                                     the NCUA’s regulations to the statutory               SUPPLEMENTARY INFORMATION:
                                             2017, as corrected (ADAMS Accession
                                                                                                     changes made by the CAA. Specifically,
                                             No. ML18018A043).                                                                                             I. Background
                                               Amendment Number 12 Effective                         the CAA extended several
                                                                                                     enhancements to the NCUA’s Central                       The CARES Act made several changes
                                             Date: Amendment not issued by the                                                                             to Title III of the Federal Credit Union
                                             NRC.                                                    Liquidity Facility (CLF or Facility),
                                                                                                     which were first enacted by the                       Act (the FCU Act),1 which governs the
                                               Amendment Number 13 Effective                                                                               CLF.2 On April 16, 2020, the Board
                                             Date: May 24, 2014, superseded by                       Coronavirus Aid, Relief, and Economic
                                                                                                     Security Act (CARES Act). This rule                   approved an interim final rule to amend
                                             Amendment Number 13, Revision 1, on                                                                           the NCUA’s CLF regulation, Part 725.3
                                             April 25, 2017, superseded by Renewed                   amends the NCUA’s CLF regulation to
                                                                                                     reflect these extensions. This rule also              This interim final rule made several
                                             Amendment Number 13, Revision 1, on                                                                           changes to part 725, some of which
                                             December 11, 2017.                                      extends the withdrawal from CLF
                                                                                                     membership provisions that the Board                  effectuated or mirrored the changes
                                               Renewed Amendment Number 13,
                                                                                                     included in the April 2020 interim final              made by the CARES Act. Other changes,
                                             Revision 1, Effective Date: December 11,
                                                                                                     rule that made the aforementioned                     made in the April interim final rule,
                                             2017, as corrected (ADAMS Accession
                                                                                                     regulatory changes related to the CARES               were intended to make membership in
                                             No. ML18018A100).
                                                                                                     Act.                                                  the CLF more advantageous to credit
                                               Amendment Number 14 Effective
                                                                                                     DATES: This rule is effective on March                unions.
                                             Date: April 25, 2017, superseded by
                                                                                                     24, 2021. The amendment to § 725.6 at                    The changes directly related to the
                                             Renewed Amendment Number 14, on
                                                                                                     instruction number 4 is effective March               CARES Act were scheduled to sunset in
                                             December 11, 2017.
                                                                                                     24, 2021, until January 1, 2023.                      accordance with the same on December
                                               Renewed Amendment Number 14




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                                                                                                     Comments must be received on or                       31, 2020. As noted above, however, the
                                             Effective Date: December 11, 2017.
                                               Renewed Amendment Number 15                           before May 24, 2021.                                  CAA, among other things, extended the
                                             Effective Date: January 22, 2019.                       ADDRESSES: You may submit written
                                                                                                                                                             1 12 U.S.C. 1795 et. seq.
                                               Renewed Amendment Number 16                           comments, identified by RIN 3133–                       2 Coronavirus Aid, Relief, and Economic Security
                                             Effective Date: September 14, 2020.                     AF15, by any of the following methods                 Act, Public Law 116–136, 134 Stat 281 (March 27,
                                               Renewed Amendment Number 17                           (Please send comments by one method                   2020).
                                             Effective Date: June 7, 2021.                           only):                                                  3 85 FR 23731 (Apr. 29, 2020).




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                                                              Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations                                           15569

                                             sunset date of the CLF enhancements in                  turn, this approved group is the basis for             Specifically, the April interim final rule
                                             the CARES Act to December 31, 2021.4                    calculating the amount of Facility                     provided that upon sunset of this
                                             To provide clarity and transparency, the                capital stock the corporate credit union               provision, an agent must:
                                             Board is issuing this interim final rule                or corporate credit union group is                        (1) Not request any additional Facility
                                             to amend its regulations to reflect this                required to purchase. This amendment                   advances for its own liquidity needs;
                                             extension.                                              was scheduled to sunset in accordance                  and
                                               In addition, the Board notes that in                  with the CARES Act on December 31,                        (2) continue to follow the terms of the
                                             response to the April interim final rule,               2020. The CAA extended this provision                  Facility advance agreement entered into
                                             the Board received five comments                        in the CARES Act until December 31,                    between the agent and the Facility.
                                             which supported the rule. The                           2021.6 As such, the Board is making a                     The Board is not making any changes
                                             comments also requested legislative                     conforming date change to part 725                     to the aforementioned provisions, which
                                             changes and/or changes outside the                      through this interim final rule.                       will still apply upon the sunset of the
                                             scope of the April interim final rule.                    Upon the sunset of the amendment                     changes to these sections of part 725.
                                                                                                     made in the CARES Act, as extended by                     In addition, in the April 2020 interim
                                             II. Amendments                                                                                                 final rule, the Board made cohering
                                                                                                     the CAA, any corporate credit union or
                                                The following is a section-by-section                corporate credit union group that                      changes to §§ 725.17 and 725.18 to
                                             analysis of the changes in this interim                 became an agent member under this                      include the ability of an Agent to
                                             final rule.                                             provision must, within one year from                   borrow for its own liquidity needs.10
                                                                                                     the sunset date, either:                               This rule makes technical changes to the
                                             Part 725
                                                                                                       1. Purchase Facility stock for all of its            two aforementioned sections to clarify
                                             A. Definitions                                          member credit unions; or                               that the references to an Agent
                                                In accordance with the CARES Act,                      2. terminate its membership in the                   borrowing for its own liquidity needs
                                             the Board amended the definition of                     Facility.                                              sunset on December 31, 2021.
                                             ‘‘Liquidity needs’’ to remove the words                 The Board notes that these are the                     D. Termination of Membership
                                             ‘‘primarily serving natural persons.’’                  options that the Board included in the
                                                                                                     April interim final rule. Further, the                    In the April interim final rule, the
                                             This change mirrored the statutory
                                                                                                     Board is, as noted above, only changing                Board amended the waiting periods for
                                             change in the CARES Act and clarified
                                                                                                     the sunset date, and not making any                    a credit union to terminate its
                                             that liquidity needs are not limited to
                                                                                                     substantive changes to this or other                   membership in the Facility between the
                                             only natural person credit unions, but
                                                                                                     sections of part 725.                                  effective date of the interim final rule
                                             may also include those of corporate
                                                                                                                                                            and January 1, 2022.11 The amendments
                                             credit unions or a corporate credit union               C. Agent Member Borrowing                              to this section of part 725 temporarily
                                             group. This amendment was scheduled
                                                                                                       To effectuate the intent of the CARES                permitted a credit union, regardless of
                                             to sunset in accordance with the CARES
                                                                                                     Act in a safe and sound manner, the                    its percentage amount of stock
                                             Act on December 31, 2020. The CAA
                                                                                                     Board, in the April interim final rule,                subscription, to withdraw from
                                             extended this provision in the CARES
                                                                                                     made a clarifying amendment to                         membership in the Facility after
                                             Act until December 31, 2021.5 As such,
                                                                                                     § 725.4.7 This amendment clarified that                notifying the NCUA Board in writing on
                                             the Board is clarifying that the
                                                                                                     an agent member may borrow from the                    the sooner of:
                                             regulatory definition of ‘‘Liquidity
                                                                                                     Facility for its own liquidity needs, but,                (A) Six months from the date of its
                                             needs’’ to make it clear when the
                                                                                                     to do so, such agent must first subscribe              written notice to the NCUA Board; or
                                             definition under the CARES Act applies                                                                            (B) December 31, 2020.
                                             and when such definition reverts back                   to the capital stock of the Facility in an
                                                                                                     amount equal to one-half of 1 percent of                  Further, any credit union that
                                             to the pre-CARES Act version.                                                                                  remained a member after December 31,
                                                                                                     the Agent’s own paid-in and
                                             B. Agent Membership                                     unimpaired capital and surplus.8 In                    2020, was permitted to withdraw from
                                               In accordance with the CARES Act,                     addition, the Board amended                            membership immediately upon
                                             the Board amended the nature of the                     § 725.17(b)(2) to clarify that an agent                notifying the Board in writing of its
                                             requirement for a corporate credit union                may apply for a Facility advance based                 intent to do so. Per the April interim
                                             or group of corporate credit unions to                  on its own liquidity needs.                            final rule, such immediate withdrawal
                                             subscribe to the capital stock of the                     The Board notes that the foregoing                   period would expire on December 31,
                                             Facility in an amount equal to one-half                 amendments were scheduled to sunset                    2021. After December 31, 2021, the
                                             of 1 percent of the paid-in and                         in accordance with requirements of the                 termination requirements in effect prior
                                             unimpaired capital and surplus of all of                CARES Act on December 31, 2020. The                    to the enactment of the CARES Act
                                             the corporate credit union’s or corporate               CAA extended the related provisions in                 would be reinstated and apply to all
                                             credit union group’s natural person                     the CARES Act until December 31,                       members.12
                                                                                                     2021.9 As such, the Board is making a                     The Board is making several
                                             credit union members. This change,
                                                                                                     conforming date changes through this                   conforming amendments to this section
                                             which mirrors the statutory change in
                                                                                                     interim final rule.                                    to address the extension of the CLF
                                             the CARES Act, allows the Board, in its
                                                                                                       The April interim final rule included                provisions in the CARES Act by the
                                             sole discretion, to determine which
                                                                                                     language to clarify the ramifications of               CAA. First, any credit union that joined
                                             grouping of natural person member
                                                                                                     the sunset of this provision.                          the CLF between April 29, 2020 and
                                             credit unions of the applying corporate
                                                                                                                                                            December 31, 2020 may immediately
                                             credit union or corporate credit union
                                                                                                                                                            withdraw from membership upon




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                                                                                                       6 Id.
                                             group are considered covered by the                       7 85 FR 23731 (Apr. 29, 2020).
                                                                                                                                                            notifying the Board in writing of its
                                             Agent’s membership in the Facility. In                    8 A credit union is required to pay into the
                                                                                                                                                            intent to do so. Through this interim
                                                                                                     Facility one-half of the amount required by the
                                               4 Consolidated Appropriations Act, 2021, Public       regulations and to hold the other one-half in liquid
                                                                                                                                                            final rule, the Board is extending this
                                             Law 116–260, 134 Stat 1182 (December 27, 2020).         assets on its balance sheet.
                                               5 Consolidated Appropriations Act, 2021, Public         9 Consolidated Appropriations Act, 2021, Public       10 85 FR 23731 (Apr. 29, 2020).
                                                                                                                                                             11 Id.
                                             Law 116–260, 134 Stat 1182, section 540(a)              Law 116–260, 134 Stat 1182, section 540(a)
                                             (December 27, 2020).                                    (December 27, 2020).                                    12 Id.




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                                             15570            Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations

                                             immediate withdrawal period to                          III. Regulatory Procedures                            effect until at least 60 days following its
                                             December 31, 2022.                                                                                            publication.
                                                                                                     A. Administrative Procedure Act                          The Congressional Review Act defines
                                               Second, credit unions that join the
                                             CLF between January 1, 2021 and                            The Board is issuing this interim final            a ‘‘major rule’’ as any rule that the
                                             December 31, 2021, regardless of                        rule without prior notice and the                     Administrator of the Office of
                                             percentage amount of stock                              opportunity for public comment and the                Information and Regulatory Affairs of
                                             subscription, may withdraw from                         delayed effective date ordinarily                     the OMB finds has resulted in or is
                                             membership in the Facility after                        prescribed by the Administrative                      likely to result in (A) an annual effect
                                             notifying the NCUA Board in writing on                  Procedure Act (APA). Pursuant to                      on the economy of $100,000,000 or
                                             the sooner of:                                          section 553(b)(B) of the APA, general                 more; (B) a major increase in costs or
                                                                                                     notice and the opportunity for public                 prices for consumers, individual
                                               (A) Six months from the date of its
                                                                                                     comment are not required with respect                 industries, Federal, State, or local
                                             written notice to the NCUA Board; or
                                                                                                     to a rulemaking when an ‘‘agency for                  government agencies or geographic
                                               (B) December 31, 2021.                                good cause finds (and incorporates the                regions, or (C) significant adverse effects
                                               Any credit union that joins the                       finding and a brief statement of reasons              on competition, employment,
                                             Facility during the aforementioned                      therefor in the rules issued) that notice             investment, productivity, innovation, or
                                             period and remains a member after                       and public procedure thereon are                      on the ability of United States-based
                                             December 31, 2021, may immediately                      impracticable, unnecessary, or contrary               enterprises to compete with foreign-
                                             withdraw from membership in the                         to the public interest.’’                             based enterprises in domestic and
                                             Facility upon notifying the Board in                       The Board believes that the public                 export markets.
                                             writing of its intent to do so. Such                    interest is best served by implementing                  For the same reasons set forth above,
                                             immediate withdrawal period will                        the interim final rule immediately upon               the Board is adopting this interim final
                                             expire on December 31, 2022. On                         publication in the Federal Register. As               rule without the delayed effective date
                                             January 1, 2023, the immediate                          discussed above, the Board notes the                  generally prescribed under the
                                             withdrawal period will cease, and all                   changes in this rule cohere the NCUA’s                Congressional Review Act. The delayed
                                             members will be subject to the                          regulations with statutory extensions                 effective date required by the
                                             termination provisions in effect before                 recently enacted in the CAA. As such                  Congressional Review Act does not
                                             April 29, 2020.                                         changes are clarifying in nature and will             apply to any rule for which an agency
                                             E. CARES Act Provisions Extended by                     reduce any disruption caused by                       for good cause finds (and incorporates
                                             the CAA But Not Included in This                        inconsistency in the NCUA’s                           the finding and a brief statement of
                                             Interim Final Rule                                      regulations, the Board believes it is has             reasons therefor in the rule issued) that
                                                                                                     good cause to determine that ordinary                 notice and public procedure thereon are
                                                The Board notes that the CARES Act                   notice and public procedure are                       impracticable, unnecessary, or contrary
                                             included two additional amendments to                   impracticable and that moving                         to the public interest. In light of current
                                             the FCU Act that were not reflected in                  expeditiously in the form of an interim               inconsistency between the NCUA’s
                                             the April interim final rule. Like the                  final rule is in the best of interests of the         regulations and the Act, the Board
                                             other changes discussed above, the CAA                  public and the federally insured credit               believes that delaying the effective date
                                             also extended these amendments until                    unions that serve that public.                        of the rule would be contrary to the
                                             December 31, 2021.13 For the benefit                       The APA also requires a 30-day                     public interest for the same reasons
                                             and information of stakeholders, the                    delayed effective date, except for (1)                discussed above.
                                             Board briefly discusses these                           substantive rules which grant or                         As required by the Congressional
                                             amendments below.                                       recognize an exemption or relieve a                   Review Act, the Board will submit the
                                                First, the CARES Act temporarily                     restriction; (2) interpretative rules and             final rule and other appropriate reports
                                             increased the multiplier from ‘‘twelve                  statements of policy; or (3) as otherwise             to Congress and the Government
                                             times’’ to ‘‘sixteen times.’’ This means                provided by the agency for good cause.                Accountability Office for review. The
                                             that for every $1 of capital and surplus,               Because the rules relieve a restriction,              Board notes that OMB agreed that the
                                             the Facility may borrow $16. This                       the interim final rule is exempt from the             April interim final rule was not major.
                                             provision was not previously codified in                APA’s delayed effective date                          As this interim final is similar in nature,
                                             part 725, and therefore the Board is not                requirement. The reasons previously                   the Board believe this rule is also not
                                             making any regulatory amendment                         discussed for forgoing prior notice and               major for purposes of the Congressional
                                             regarding this temporary statutory                      comment would also separately justify                 Review Act.
                                             change.                                                 this determination.
                                                                                                        While the Board believes that there is             C. Paperwork Reduction Act
                                                Second, the CARES Act provided
                                             more clarity about the purposes for                     good cause to issue the rule without                    The Paperwork Reduction Act of 1995
                                             which the NCUA Board can approve                        advance notice and comment and with                   (PRA) (44 U.S.C. 3501 et seq.) requires
                                             liquidity-need requests by removing the                 an immediate effective date, the Board                that the Office of Management and
                                             phrase ‘‘the Board shall not approve an                 is interested in the views of the public              Budget (OMB) approve all collections of
                                             application for credit the intent of                    and requests comment on all aspects of                information by a Federal agency from
                                             which is to expand credit union                         the interim final rule.                               the public before they can be
                                             portfolios.’’ 14 This provision was not                                                                       implemented. Respondents are not
                                                                                                     B. Congressional Review Act                           required to respond to any collection of
                                             previously codified in part 725, and
                                             therefore the Board is not making any                     For purposes of the Congressional                   information unless it displays a valid




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                                             regulatory amendment regarding this                     Review Act, the OMB makes a                           OMB control number.
                                             temporary statutory change.                             determination as to whether a final rule                In accordance with the PRA, the
                                                                                                     constitutes a ‘‘major’’ rule. If a rule is            information collection requirements
                                               13 Consolidated Appropriations Act, 2021, Public
                                                                                                     deemed a ‘‘major rule’’ by the Office of              included in this interim final rule
                                             Law 116–260, 134 Stat 1182, section 540(a)              Management and Budget (OMB), the                      extension have been submitted to OMB
                                             (December 27, 2020).                                    Congressional Review Act generally                    for approval under control number
                                               14 See. 12 U.S.C. 1795e(a)(1).                        provides that the rule may not take                   3133–0061.


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                                                               Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations                                          15571

                                             D. Executive Order 13132                                   By the NCUA Board on March 18, 2021.                percent of the paid-in and unimpaired
                                               Executive Order 13132 encourages                       Melane Conyers-Ausbrooks,                             capital and surplus (as determined in
                                             independent regulatory agencies to                       Secretary of the Board.                               accordance with § 725.5(b) of this part)
                                             consider the impact of their actions on                    For the reasons discussed in the                    of such credit union members of the
                                             state and local interests. The NCUA, an                  preamble, the Board is amending 12                    corporate credit union or corporate
                                             independent regulatory agency as                         CFR part 725 as follows:                              credit union group as the Board may
                                             defined in 44 U.S.C. 3502(5), voluntarily                                                                      determine in its sole discretion, except
                                             complies with the executive order to                     PART 725—NATIONAL CREDIT UNION                        those which are Regular members of the
                                             adhere to fundamental federalism                         ADMINISTRATION CENTRAL                                Facility or which have access to the
                                             principles.                                              LIQUIDITY FACILITY                                    Facility through, and are included in the
                                               This interim final rule does not have                                                                        stock subscription of, another Agent (a
                                             substantial effects on the states, on the                ■ 1. The authority citation for part 725              natural person credit union which is a
                                             relationship between the national                        continues to read as follows:                         member of more than one Agent
                                             government and the states, or on the                         Authority: 12 U.S.C. 1795f(a)(2).                 member of the Facility must designate
                                             distribution of power and                                                                                      through which Agent it will deal with
                                                                                                      ■ 2. In § 725.2, revise paragraph (i) to
                                             responsibilities among the various                                                                             the Facility, and the designated Agent
                                                                                                      read as follows:                                      will be responsible for including the
                                             levels of government. The NCUA has
                                             therefore determined that this rule does                 § 725.2    Definitions.                               capital and surplus of such credit union
                                             not constitute a policy that has                         *       *     *     *     *                           in the calculation of its stock
                                             federalism implications for purposes of                     (i) Liquidity needs means:                         subscription). Upon approval of the
                                             the executive order.                                        (1) From April 29, 2020 to December                application, the Agent shall forward
                                                                                                      31, 2021, the needs of credit unions for:             funds equal to one-half of this initial
                                             E. Assessment of Federal Regulations
                                                                                                         (i) Short-term adjustment credit                   stock subscription to the Facility. A
                                             and Policies on Families
                                                                                                      available to assist in meeting temporary              corporate credit union or corporate
                                               The NCUA has determined that this                                                                            credit union group that became an
                                                                                                      requirements for funds or to cushion
                                             rule will not affect family well-being                                                                         Agent member of the Facility under this
                                                                                                      more persistent outflows of funds
                                             within the meaning of section 654 of the                                                                       paragraph shall, after December 31,
                                                                                                      pending an orderly adjustment of credit
                                             Treasury and General Government                                                                                2021, but before January 1, 2023, either:
                                                                                                      union assets and liabilities;
                                             Appropriations Act, 1999, Public Law                                                                              (A) Purchase Facility stock in
                                                                                                         (ii) Seasonal credit available for
                                             105–277, 112 Stat. 2681 (1998).                                                                                accordance with the terms of paragraph
                                                                                                      longer periods to assist in meeting
                                             F. Regulatory Flexibility Act                            seasonal needs for funds arising from a               (a)(2)(i) of this section; or
                                                                                                      combination of expected patterns of                      (B) Terminate its membership in the
                                                The Regulatory Flexibility Act (RFA)                                                                        facility.
                                             generally requires that when an agency                   movement in share and deposit
                                                                                                      accounts and loans; and                                  (iii) From April 29, 2020, until
                                             issues a proposed rule or a final rule                                                                         December 31, 2021, if borrowing for its
                                             pursuant to the APA or another law, the                     (iii) Protracted adjustment credit
                                                                                                      available in the event of unusual or                  own liquidity needs, one-half of 1
                                             agency must prepare a regulatory                                                                               percent of the Agent’s own paid-in and
                                             flexibility analysis that meets the                      emergency circumstances of a longer-
                                                                                                      term nature resulting from national,                  unimpaired capital and surplus. Upon
                                             requirements of the RFA and publish                                                                            approval of the application, the Agent
                                             such analysis in the Federal Register.                   regional or local difficulties.
                                                                                                         (2) After December 31, 2021, the                   shall forward funds equal to one-half of
                                             Specifically, the RFA normally requires                                                                        this stock subscription to the Facility.
                                             agencies to describe the impact of a                     needs of credit unions primarily serving
                                                                                                      natural persons for:                                  This amount shall be in addition to the
                                             rulemaking on small entities by                                                                                amounts required by paragraph (a)(2)(i)
                                             providing a regulatory impact analysis.                     (i) Short-term adjustment credit
                                                                                                      available to assist in meeting temporary              or (ii) of this section, if a corporate
                                             For purposes of the RFA, the Board                                                                             credit union or corporate credit union
                                             considers credit unions with assets less                 requirements for funds or to cushion
                                                                                                      more persistent outflows of funds                     group joined the facility as an Agent and
                                             than $100 million to be small entities.                                                                        intends to borrow for its own liquidity
                                                Rules that are exempt from notice and                 pending an orderly adjustment of credit
                                                                                                      union assets and liabilities;                         needs. Any corporate credit union or
                                             comment are also exempt from the RFA
                                                                                                         (ii) Seasonal credit available for                 corporate credit union group that
                                             requirements, including conducting a
                                                                                                      longer periods to assist in meeting                   received a Facility advance for its own
                                             regulatory flexibility analysis, when
                                                                                                      seasonal needs for funds arising from a               liquidity need under the temporary
                                             among other things the agency for good
                                                                                                      combination of expected patterns of                   requirements set forth in this paragraph
                                             cause finds that notice and public
                                                                                                      movement in share and deposit                         must, as of January 1, 2022 and
                                             procedure are impracticable,
                                                                                                      accounts and loans; and                               thereafter:
                                             unnecessary, or contrary to the public                                                                            (A) Not request any additional
                                             interest.15 Accordingly, the NCUA is not                    (iii) Protracted adjustment credit
                                                                                                      available in the event of unusual or                  Facility advances for its own liquidity
                                             required to conduct a regulatory                                                                               needs; and
                                             flexibility analysis for the reasons stated              emergency circumstances of a longer-
                                                                                                      term nature resulting from national,                     (B) Continue to follow the terms of the
                                             above relating to the good cause                                                                               Facility advance agreement entered into
                                             exemption. Nevertheless, the Board                       regional or local difficulties.
                                                                                                                                                            between the Agent and the Facility.
                                             welcomes comments on the effect this                     *       *     *     *     *
                                             interim final rule may have on small                     ■ 3. In § 725.4, revise paragraphs
                                                                                                                                                            *       *     *     *     *




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                                             entities.                                                (a)(2)(ii) and (iii) to read as follows:              § 725.6    [Amended]
                                             List of Subjects in 12 CFR Part 725                      § 725.4    Agent membership.                          ■ 4. In § 725.6, effective March 24, 2021,
                                               Credit unions, Reporting and                             (a) * * *                                           until January 1, 2023, paragraphs (a) and
                                             recordkeeping requirements.                                (2) * * *                                           (b) are stayed.
                                                                                                        (ii) From April 29, 2020, until                     ■ 5. In § 725.6, revise paragraph (e) to
                                               15 5 U.S.C. 553(a).                                    December 31, 2021, one-half of 1                      read as follows:


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                                             15572            Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Rules and Regulations

                                             § 725.6    Termination of membership.                   Facility shall consider the                           Propulsion Section, FAA, Seattle ACO
                                             *      *     *     *     *                              creditworthiness of such member.                      Branch, 2200 South 216th St., Des
                                                (e) The following requirements apply                 *     *      *    *    *                              Moines, WA 98190; phone and fax: 206–
                                             to a credit union’s termination of                        (d) A credit union (whether a Regular               231–3875; email: douglas.e.mansell@
                                             membership in the Facility from April                   member of the Facility, Agent member                  faa.gov.
                                             29, 2020 until January 1, 2023:                         (provided such Agent may submit an                    SUPPLEMENTARY INFORMATION:
                                                (1) Any credit union, regardless of its              application under § 725.17(b)(2)(iv) of
                                             amount of stock subscription, that                      this part), or a member natural person                Background
                                             became a member of the Facility                         credit union) which does not meet the                    The FAA issued a notice of proposed
                                             between April 29, 2020, and December                    Facility’s creditworthiness standards                 rulemaking (NPRM) to amend 14 CFR
                                             31, 2020, may immediately terminate its                 may be limited in or denied the use of                part 39 by adding an AD that would
                                             membership until December 31, 2022.                     advances for its liquidity needs.                     apply to all The Boeing Company Model
                                                (2) Any credit union regardless of its               [FR Doc. 2021–05953 Filed 3–23–21; 8:45 am]           747 series airplanes and Model 767
                                             amount of stock subscription, that                      BILLING CODE 7535–01–P                                series airplanes. The NPRM published
                                             becomes a member between January 1,                                                                           in the Federal Register on September 9,
                                             2021 and December 31, 2021, may                                                                               2020 (85 FR 55622). The NPRM was
                                             withdraw from membership in the                         DEPARTMENT OF TRANSPORTATION                          prompted by a report of an un-
                                             Facility after notifying the NCUA Board                                                                       commanded fuel transfer between the
                                             in writing on the sooner of:                            Federal Aviation Administration                       main and center fuel tanks. The NPRM
                                                (A) Six months from the date of its                                                                        proposed to prohibit operation of an
                                             written notice to the NCUA Board; or                    14 CFR Part 39                                        airplane with any inoperative refuel
                                                (B) December 31, 2021.                               [Docket No. FAA–2020–0785; Product                    valve (fueling shut-off valve) failed in
                                                (3) Any credit union that does not                   Identifier 2020–NM–063–AD; Amendment                  the open position.
                                             elect to withdraw from membership in                    39–21477; AD 2021–06–10]                                 The FAA is issuing this AD to address
                                             the Facility during the time periods                    RIN 2120–AA64                                         multiple refuel valves failed in the
                                             prescribed in paragraph (e)(2) of this                                                                        ‘‘open’’ position via Master Minimum
                                             section, may immediately withdraw                       Airworthiness Directives; The Boeing                  Equipment List (MMEL) dispatch
                                             from membership in the Facility after                   Company Airplanes                                     allowance, which allows un-
                                             notifying the NCUA Board in writing of                                                                        commanded fuel transfer between fuel
                                                                                                     AGENCY: Federal Aviation                              tanks. This condition could result in a
                                             its intention to do so from January 1,
                                                                                                     Administration (FAA), DOT.                            fuel exhaustion event.
                                             2022 to December 31, 2022. As of
                                             January 1, 2023, the requirements of                    ACTION: Final rule.
                                                                                                                                                           Comments
                                             paragraphs (a) and (b) of this section, as              SUMMARY: The FAA is adopting a new
                                             in effect on March 1, 2020, shall apply.                                                                        The FAA gave the public the
                                                                                                     airworthiness directive (AD) for all The
                                                (4) The Facility will process requests                                                                     opportunity to participate in developing
                                                                                                     Boeing Company Model 747 series
                                             under this paragraph (e) upon demand                                                                          this final rule. The following presents
                                                                                                     airplanes and Model 767 series
                                             and deliver funds as soon as practicable,                                                                     the comments received on the NPRM
                                                                                                     airplanes. This AD was prompted by a
                                             allowing for the time necessary for                                                                           and the FAA’s response to each
                                                                                                     report of an un-commanded fuel transfer
                                             settlement and transfer of funds in these                                                                     comment.
                                                                                                     between the main and center fuel tanks.
                                             transactions.                                           This AD prohibits operation of an                     Support for the NPRM
                                             ■ 6. In § 725.17, revise paragraph                      airplane with any inoperative refuel
                                                                                                                                                             United Airlines had no objection to
                                             (b)(2)(iv) to read as follows:                          valve (fueling shut-off valve) failed in
                                                                                                                                                           the NPRM. Another commenter stated
                                                                                                     the open position. The FAA is issuing
                                             § 725.17    Applications for extensions of                                                                    that the NPRM was justified.
                                                                                                     this AD to address the unsafe condition
                                             credit.                                                 on these products.                                    Request To Identify Proposed AD as
                                             *     *     *      *    *                               DATES: This AD is effective April 28,                 Interim Action
                                               (b) * * *                                             2021.                                                   Boeing requested that the proposed
                                               (2) * * *                                                                                                   AD be identified as interim action
                                                                                                     ADDRESSES:
                                               (iv) For the period beginning April 29,                                                                     because it is working on an updated
                                             2020, and ending on December 31, 2021,                  Examining the AD Docket
                                                                                                                                                           MMEL to provide modified dispatch
                                             the applicant Agent’s own liquidity                       You may examine the AD docket on                    relief.
                                             needs. After the aforementioned period,                 the internet at https://                                The FAA agrees with the commenter’s
                                             an Agent is prohibited from submitting                  www.regulations.gov by searching for                  request for the reason provided by the
                                             an application for an extension for its                 and locating Docket No. FAA–2020–                     commenter. The FAA has revised the
                                             own liquidity needs.                                    0785; or in person at Docket Operations               preamble in this final rule to identify
                                             *     *     *      *    *                               between 9 a.m. and 5 p.m., Monday                     this AD as interim action.
                                             ■ 7. In § 725.18, revise paragraphs (a)                 through Friday, except Federal holidays.
                                                                                                     The AD docket contains this final rule,               Request To Clarify Certain Terminology
                                             and (d) to read as follows:
                                                                                                     any comments received, and other                        Boeing requested that throughout the
                                             § 725.18    Creditworthiness.                           information. The address for Docket                   proposed AD the word ‘‘secured’’ be




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                                               (a) Prior to Facility approval of each                Operations is U.S. Department of                      changed to ‘‘failed’’ when referring to
                                             application of a Regular member for a                   Transportation, Docket Operations, M–                 the fuel shutoff valves. The commenter
                                             Facility advance or an Agent member                     30, West Building Ground Floor, Room                  explained that the Minimum Equipment
                                             for a Facility advance for such Agent                   W12–140, 1200 New Jersey Avenue SE,                   List (MEL) does not direct operators to
                                             member’s own need (provided such                        Washington, DC 20590.                                 secure the fuel shutoff valve open; the
                                             Agent may submit an application under                   FOR FURTHER INFORMATION CONTACT:                      MEL states that operators are allowed to
                                             § 725.17(b)(2)(iv) of this part), the                   Douglas Mansell, Aerospace Engineer,                  operate (dispatch) an airplane with a


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