Prompt Corrective Action, 12 CFR 702 (Subparts A-D)

Forms and Documents

Document	Type	Status	Availability
12CFR702_SubA-D_(1-1-18 ED).pdf	Supplementary Document	Uploaded 2018-09-28	Available
FINAL_3133-0154_Supporting Statement_092818.docx	Supporting Statement A	Uploaded 2018-09-28	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
32802	Prompt Corrective Action		Modified
215814	IC 9. Approval of Risk Mitigation Credit		Removed
215813	IC 8. New Credit Union Submission of a Revised Business Plan if the Credit Union's Net Worth Classification Declines or a Revised Business Plan is Denied by NCUA		Removed
215812	IC 7. Written Notice from a New Credit Union if its Net Worth Classification Declines		Removed
215811	IC 6. Request for Waiver of Earnings Transfer Requirement		Removed
215809	IC 5. Request from a Small Credit Union or New Credit Union for Assistance in Developing a NWRP or Revised Business Plan		Removed
215808	IC 4. Submission of a NWRP and Resubmission of a NWRP That Has been denied by NCUA or Because There Was a Change in the Credit Union's Net Worth Category		Removed
215807	IC 3. Request for Approval to Charge Regular Reserves or Pay Dividends if the Action Would Cause the Credit Union's Net Worth to Fall Below the Adequately Capitalized Classification and the Action...		Removed
215805	IC 2. Appeal to the NCUA Board of Certain Mandatory Conservatorship, Liquidation or Other Corrective Action		Removed

ICR Details

OMB Control No: 3133-0154	ICR Reference No: 201805-3133-003
Status: Historical Active	Previous ICR Reference No: 201503-3133-003
Agency/Subagency: NCUA	Agency Tracking No: E&I
Title: Prompt Corrective Action, 12 CFR 702 (Subparts A-D)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/19/2018
	Date Received in OIRA: 09/28/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2021	36 Months From Approved	11/30/2018
Responses	482	0	642
Time Burden (Hours)	3,420	0	3,847
Cost Burden (Dollars)	0	0	122,681

---

Abstract: Section 216 of the Federal Credit Union Act (12 U.S.C. §1790d) mandates prompt corrective action (PCA) requirements for federally insured credit unions (FICUs) that become less than well capitalized. Section 216 requires the NCUA Board to (1) adopt, by regulation, a system of prompt corrective action to restore the net worth of inadequately capitalized FICUs; and (2) develop an alternative system of prompt corrective action for new credit unions that carries out the purpose of PCA while allowing an FICU reasonable time to build its net worth to an adequately capitalized level. Part 702 implements the statutory requirements. The purpose of prompt corrective action is to resolve the problems of FICUs at the least possible long-term loss to the National Credit Union Share Insurance Fund (NCUSIF).

---

Authorizing Statute(s): US Code: 12 USC 1790(d) Name of Law: Federal Credit Union Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 35028	07/24/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 49131	09/28/2018
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
IC 3. Request for Approval to Charge Regular Reserves or Pay Dividends if the Action Would Cause the Credit Union's Net Worth to Fall Below the Adequately Capitalized Classification and the Action...
IC 5. Request from a Small Credit Union or New Credit Union for Assistance in Developing a NWRP or Revised Business Plan
IC 7. Written Notice from a New Credit Union if its Net Worth Classification Declines
IC 2. Appeal to the NCUA Board of Certain Mandatory Conservatorship, Liquidation or Other Corrective Action
IC 6. Request for Waiver of Earnings Transfer Requirement
IC 8. New Credit Union Submission of a Revised Business Plan if the Credit Union's Net Worth Classification Declines or a Revised Business Plan is Denied by NCUA
Prompt Corrective Action
IC 4. Submission of a NWRP and Resubmission of a NWRP That Has been denied by NCUA or Because There Was a Change in the Credit Union's Net Worth Category
IC 9. Approval of Risk Mitigation Credit

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	482	642	0	0	-160	0
Annual Time Burden (Hours)	3,420	3,847	0	0	-427	0
Annual Cost Burden (Dollars)	0	122,681	0	0	-122,681	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The estimated burden hours have decreased due to the decreasing number of credit unions.

---

Annual Cost to Federal Government: $132,840

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/28/2018

---