IRPS 08-1, Guidance Regarding Prohibitions Imposed by Section 205(d) of the Federal Credit Union Act

Forms and Documents

Document Name	Status
Form NCUA 3250 IRPS 08-1, Guidance Regarding Prohibitions Imposed by Sec. 205(d) of the FCU Act Form and Instruction	New
FINAL_EMEGY_Memo_Consent_Pursuant_Sec205(d)_070919.pdf Supplementary Document	2019-07-10
Proposed_IRPS 08-1_73FR18576_04APR2008.pdf Supplementary Document	2019-07-09
Final_IRPS 08-1_73FR48399_19AUG2008.pdf Supplementary Document	2019-07-09
FINAL_3133-NEW_SS_Sec205(d)_July2019.docx Supporting Statement A	2019-07-09

IC Document Collections

IC ID	Document Title	Status
236853	IRPS 08-1, Guidance Regarding Prohibitions Imposed by Sec. 205(d) of the FCU Act Form and Instruction	New

ICR Details

OMB Control No: 3133-0203	ICR Reference No: 201907-3133-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: NCUA	Agency Tracking No: OGC
Title: IRPS 08-1, Guidance Regarding Prohibitions Imposed by Section 205(d) of the Federal Credit Union Act
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 07/11/2019
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/10/2019
	Date Received in OIRA: 07/10/2019
Terms of Clearance: In response to the emergency request memorandum submitted by NCUA on 6/26/2019, OIRA is approving NCUA's request for emergency approval for a period of six months. Prior to the expiration of this package in six months, NCUA shall undertake standard notice and comment procedures and describe in its next ICR submission all comments received and the extent to which commentators' recommendations were adopted.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	6 Months From Approved
Responses	4	0	0
Time Burden (Hours)	7	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This information collection is required under Section 205(d) of the Federal Credit Union Act (FCU Act) to allow the National Credit Union Administration (NCUA) Board to make an informed decision whether to grant a waiver of the prohibition imposed by law under Section 205(d) of the FCU Act. Section 205(d) of the FCU Act prohibits a person who has been convicted of any criminal offense involving dishonesty or breach of trust, or who has entered into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating in the affairs of a federally-insured credit union except with the prior written consent of the NCUA Board. The Interpretive Ruling and Policy Statement (IRPS) 08-1 prescribes the information collection contained therein, implement the requirements of the FCU Act.

Emergency Justfication: In accordance with the Paperwork Reduction Act (PRA), the National Credit Union Administration (NCUA) requests emergency consideration for the use of NCUA Form 3250, “Application to Request Consent Pursuant to Section 205(d),” prescribed by Interpretive Ruling and Policy Statement (IRPS) 08-1, Guidance Regarding Prohibitions Imposed by Section 205(d) of the Federal Credit Union Act. On April 4, 2008 , the NCUA issued proposed IRPS 08-1, in the Federal Register. Section 205(d) of the Federal Credit Union Act prohibits, without the prior written consent of the NCUA Board, a person convicted of any criminal offense involving dishonesty or breach of trust, or who has entered into a pretrial diversion or similar program in connection with a prosecution for such offense, from becoming or continuing as an institution-affiliated party, or otherwise participating, directly or indirectly, in the conduct of the affairs of an insured credit union. NCUA Form 3250 was developed to request consent under this IRPS. The 2008 proposed IRPS did include a PRA statement outlining the proposed application requirements, set out the information collection burden, and provided for public comments. The IRPS was subsequently published as final on August 19, 2008 , which included a copy of the final Application. Actions currently underway to revise this IRPS has led to discover that a PRA action to obtain approval for the use of this Application was not completed for the 2008 IRPS. In order to ensure compliance under the PRA and to avoid substantial delays to the upcoming proposed amendments to IRPS 08-1, the NCUA is requesting emergency consideration at this time.

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Authorizing Statute(s): US Code: 12 USC 1785(d)(1) Name of Law: FCU Act
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
IRPS 08-1, Guidance Regarding Prohibitions Imposed by Sec. 205(d) of the FCU Act	NCUA 3250	Application to Request Consent Pursuant to Sec. 205(d)

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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	4	0	0	4	0	0
Annual Time Burden (Hours)	7	0	0	7	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new collection.

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Annual Cost to Federal Government: $0

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.     Yes

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

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Common Form ICR:  No

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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: 07/10/2019

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