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A. Introduction

NATIONAL CREDIT UNION
ADMINISTRATION
Guidance Regarding Prohibitions
Imposed by Section 205(d) of the
Federal Credit Union Act
National Credit Union
Administration (NCUA).
ACTION: Proposed Interpretive Ruling
and Policy Statement 08–1.
AGENCY:

The NCUA is proposing to
adopt an Interpretive Ruling and Policy
Statement (IRPS) regarding prohibitions
imposed by Section 205(d) of the
Federal Credit Union Act (FCU Act) (12
U.S.C. 1785(d)(1)). 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 an insured credit union except with
the prior written consent of the NCUA
Board. The proposed IRPS provides
direction and guidance to federally
insured credit unions and those persons
who may be affected by Section 205(d)
because of a prior criminal conviction or
pretrial diversion program participation
by describing the actions that are
prohibited under the statute and
describing the procedures for applying
for NCUA Board consent on a case-bycase basis.
DATES: Comments must be received on
or before June 3, 2008.
ADDRESSES: You may submit comments
by any of the following methods (Please
send comments by one method only):
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• NCUA Web Site: http://www.ncua.
gov/news/proposed_regs/proposed_regs.
html. Follow the instructions for
submitting comments.
• E-mail: Address to
[email protected]. Include ‘‘[Your
name] Comments on Proposed IRPS 08–
1’’ in the e-mail subject line.
• Fax: (703) 518–6319. Use the
subject line described above for e-mail.
• Mail: Address to Mary Rupp,
Secretary of the Board, National Credit
Union Administration, 1775 Duke
Street, Alexandria, Virginia 22314–
3428.
• Hand Delivery/Courier: Same as
mail address.
FOR FURTHER INFORMATION CONTACT: Jon
Canerday, Trial Attorney, Office of
General Counsel, at the above address,
by e-mail at [email protected] or by
telephone at (703) 518–6548.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

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Section 205(d) of the FCU 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. The NCUA
Board is proposing to issue guidance
and provide additional information to
the public regarding this provision in
the form of an IRPS. NCUA believes
public comment on this IRPS will be
helpful, and NCUA encourages
interested members of the public to
provide their comments. NCUA also
solicits input from the public as to
whether the format of this guidance as
an IRPS is appropriate or whether a
regulation would be more suitable.
B. Background
Under Section 205(d)(1) of the FCU
Act, except with the prior written
consent of the NCUA Board, a person
who has been convicted of any criminal
offense involving dishonesty or breach
of trust, or has agreed to enter into a
pretrial diversion or similar program in
connection with a prosecution for such
offense may not:
• Become, or continue as, an
institution affiliated party with respect
to any insured credit union; or
• Otherwise participate, directly or
indirectly, in the conduct of the affairs
of any insured credit union.
Section 205(d)(1)(B) further provides
that an insured credit union may not
allow any person described above to
participate in the affairs of the credit
union without NCUA Board consent.
Section 205(d)(2) imposes a ten-year ban
against the NCUA Board’s consent for a
person convicted of certain crimes
enumerated in Title 18 of the United
States Code, absent a motion by the
NCUA Board and approval by the
sentencing court. Finally, Section
205(d)(3) states that ‘‘whoever
knowingly violates’’ (d)(1)(A) or
(d)(1)(B) commits a felony, punishable
by up to five years in jail and a fine of
up to $1,000,000 a day.
Section 19 of the Federal Deposit
Insurance Act (FDIA) contains a
prohibition provision similar to Section
205(d) of the FCU Act. The Federal
Deposit Insurance Corporation (FDIC)
and the Office of Thrift Supervision
(OTS) have published guidance

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regarding prohibitions imposed by
Section 19 of the FDIA.1
The NCUA Board has not previously
adopted any policies or regulations
concerning how it analyzes the conduct
of an applicant when deciding whether
or not to grant consent to participate
pursuant to Section 205(d). Section
205(d) itself imposes no guidance or
limitations on the information that the
NCUA Board may consider. The Board
has on occasion looked to the FDIC’s
SOP for guidance in the past when
reviewing the limited number of prior
requests for consent under Section
205(d). However, in light of several
recent applications requesting the
NCUA Board’s consent pursuant to
Section 205(d), the Board believes it
may now be appropriate to issue its own
guidance on this topic. In light of the
FDIC’s greater experience in this area,
NCUA has drawn upon the FDIC SOP
extensively in creating the proposed
IRPS.
NCUA is especially concerned that
many insured credit unions, as well as
institution affiliated parties, may not be
aware of the prohibition imposed by
Section 205(d). NCUA believes that the
issuance of an IRPS will help put the
credit union community on notice of
Section 205(d) so that insured credit
unions can properly screen prospective
employees prior to making hiring
decisions. Furthermore, credit unions
that failed to adequately examine
prospective employees before hiring
will now be on notice of the need to
examine their workforce to ensure their
compliance with Section 205(d).
NCUA recognizes that certain offenses
are so minor and occurred so far in the
past so as to not present a risk to the
insured credit union. For that reason,
NCUA is proposing to exclude certain
de minimis offenses that meet specified
requirements and juvenile offenses from
the need to request consent from the
Board.
The IRPS also establishes the
procedures that an applicant seeking the
necessary approval of the NCUA Board
must follow. The proposed IRPS
requires that an application for the
NCUA Board’s consent ‘‘should
thoroughly explain the circumstances
surrounding the conviction or pretrial
diversion program’’ and ‘‘demonstrate
that, notwithstanding the bar, the
person is fit to participate in the
conduct of the affairs of an insured
credit union without posing a risk to its
1 See, FDIC Statement of Policy Pursuant to
Section 19 of the Federal Deposit Insurance Act, (63
FR 66177) (Dec. 1, 1998) (FDIC’s SOP) and also the
FDIC’s rules at 12 CFR part 303, subpart L and 12
CFR part 308, subpart M. And see also the OTS’
rules at 12 CFR Parts 509 and 585.

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safety and soundness or impairing
public confidence in that institution’’.
The NCUA Board invites comments as
to whether such an unstructured
application or a more formalized
application utilizing a form, similar to
that used by the FDIC, is preferred. A
copy of the FDIC form is attached.
The proposed IRPS establishes that
the burden of proof for convincing the
NCUA Board to grant consent rests with
the applicant. Further, the IRPS sets out
the criteria and factors the NCUA Board
will consider when reviewing requests
for consent. Lastly, the proposed IRPS
explains the appeal rights available to
applicants if the NCUA Board withholds
consent under Section 205(d).
C. Regulatory Procedures
Regulatory Flexibility Act
The Regulatory Flexibility Act
requires that NCUA prepare an analysis
describing any significant economic
impact agency rulemaking may have on
a substantial number of small credit
unions. 5 U.S.C. 601 et seq. For
purposes of this analysis, NCUA
considers credit unions under $10
million in assets as small credit unions.
Since the requirements in this IRPS are
generally restatements of requirements
in other laws, NCUA does not believe
this proposed IRPS will have a
significant economic impact on a
substantial number of small credit
unions. NCUA invites the public to
comment on this issue.

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Paperwork Reduction Act
This proposed IRPS contains an
application requirement. Any insured
credit union that wishes to seek a
waiver for a person who is prohibited
under Section 205(d) because of a prior
conviction for any crime involving
dishonesty or breach of trust, or a
pretrial diversion or similar program in
connection with a prosecution for such
crime, must apply for the NCUA Board’s
written approval before such person
may participate in its affairs. NCUA has
not mandated any specific requirements
for this application, but anticipates it
will consist of a letter to the NCUA
Board requesting approval and briefly
describing the nature of the prior
conviction or pretrial diversion, along
with an explanation or justification as to
why the Board should grant consent for
the person’s participation in the affairs
of an insured credit union.
Additionally, NCUA anticipates that
insured credit unions submitting an
application may also address the
specific factors identified in this IRPS
that the Board will consider when
reviewing applications for consent.

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NCUA requests public comment on
all aspects of the collection of
information in this proposed IRPS,
including whether a specific form
should be required. NCUA believes that
a relatively small amount of time will be
necessary for the development of an
application for consent under Section
205(d) because in many cases the
persons prohibited will have in their
possession copies of the necessary
documentation pertaining to their prior
convictions. In cases where the
individuals do not have the necessary
documentation, either the persons or the
insured credit unions will have to
contact the respective courts to obtain
copies of the documentation. In
addition to obtaining copies of
documentation pertaining to the prior
convictions, the insured credit unions
must draft a letter to serve as the
application to request the Board’s
consent. Based on the length of prior
applications under Section 205(d),
NCUA estimates a burden of two hours
per insured credit union and will revisit
this estimate in light of the comments
NCUA receives.
NCUA will submit the collection of
information requirements contained in
the IRPS to the OMB in accordance with
the Paperwork Reduction Act of 1995.
44 U.S.C. 3507. NCUA will use any
comments received to develop its new
burden estimates. Comments on the
collections of information should be
sent to Office of Management and
Budget, Reports Management Branch,
New Executive Office Building, Room
10202, Washington, DC 20503;
Attention: Mark Menchik, Desk Officer
for NCUA. Please send NCUA a copy of
any comments you submit to OMB.
The likely respondents are insured
credit unions.
Estimated annual number of
respondents: 3.
Estimated average annual burden
hours per respondent: 2 hours.
Estimated total annual disclosure and
recordkeeping burden: 6 hours.
NCUA invites comment on:
(1) The accuracy of NCUA’s estimate
of the burden of the information
collections;
(2) Whether a specific form, similar to
the attached form required by the FDIC,
should be required for the information
collections;
(3) Ways to minimize the burden of
the information collections on insured
credit unions, including the use of
automated collection techniques or
other forms of information technology;
and
(4) Estimates of capital or start-up
costs and costs of operation,

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maintenance, and purchase of services
to provide information.
Recordkeepers are not required to
respond to this collection of information
unless it displays a currently valid
Office of Management and Budget
(OMB) control number. NCUA is
currently requesting a control number
for this information collection from
OMB.
Executive Order 13132
Executive Order 13132 encourages
independent regulatory agencies to
consider the impact of their actions on
state and local interests. In adherence to
fundamental federalism principles,
NCUA, an independent regulatory
agency as defined in 44 U.S.C. 3502(5),
voluntarily complies with the executive
order. This proposed IRPS applies to all
credit unions, but does not have
substantial direct effect on the states, on
the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. NCUA has
determined that this proposed IRPS
does not constitute a policy that has
federalism implications for purposes of
the executive order.
The Treasury and General Government
Appropriations Act, 1999—Assessment
of Federal Regulations and Policies on
Families
The NCUA has determined that the
proposed IRPS would not affect family
well-being within the meaning of
section 654 of the Treasury and General
Government Appropriations Act of
1999, Public Law 105–277, 112 Stat.
2681 (1998).
By the National Credit Union
Administration Board, on March 20, 2008.
Mary Rupp,
Secretary of the Board.
Authority: 12 U.S.C. 1752a, 1756, 1766,
1785.

Interpretive Ruling and Policy
Statement 08–1.
Guidance Regarding Prohibitions
Imposed by Section 205(d) of the
Federal Credit Union Act
I. Background
This Interpretive Ruling and Policy
Statement (IRPS) provides requirements,
direction, and guidance to federallyinsured credit unions and individuals
regarding the prohibition imposed by
operation of law by Section 205(d) of
the Federal Credit Union Act (FCU Act)
(12 U.S.C. 1785(d)). Section 205(d)(1)
provides that, except with the prior
written consent of the National Credit

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1. Persons covered by Section 205(d)

affairs of an insured institution.
Institution-affiliated party means:
(1) Any committee member, director,
officer, or employee of, or agent for, an
insured credit union;
(2) any consultant, joint venture
partner, and any other person as
determined by the Board (by regulation
or on a case-by case basis) who
participates in the conduct of the affairs
of an insured credit union; and
(3) any independent contractor
(including any attorney, appraiser, or
accountant) who knowingly or
recklessly participates in—
(A) any violation of any law or
regulation;
(B) any breach of fiduciary duty; or
(C) any unsafe or unsound practice,
which caused or is likely to cause more
than a minimal financial loss to, or a
significant adverse effect on, the insured
credit union. (Section 206(r)).
Therefore, all officials, committee
members and employees of an insured
credit union fall within the scope of
Section 205(d) of the FCU Act.
Additionally, anyone NCUA determines
to be a de facto employee, applying
generally applicable standards of
employment law, will also be subject to
Section 205(d).
Under Section 206(r), independent
contractors are considered institutionaffiliated parties if they knowingly or
recklessly participate in violations,
unsafe or unsound practices or breaches
of fiduciary duty which are likely to
cause significant loss to, or a significant
adverse effect on, an insured credit
union. As a general rule, an
independent contractor who influences
or controls the management or affairs of
an insured credit union, would be
covered by Section 205(d). In addition,
a ‘‘person’’’ for purposes of Section
205(d) means an individual, and does
not include a corporation, firm or other
business entity.
• Participants in the affairs of an
insured credit union.
A person who does not meet the
definition of institution-affiliated party
is nevertheless prohibited by Section
205(d) if he or she is considered to be
participating, directly or indirectly, in
the conduct of the affairs of an insured
credit union. This is a term of art and
is not capable of precise definition. As
the OTS stated in the preamble to its
regulation regarding Section 19 of the
FDIA:

• Institution-affiliated parties.
Section 205(d) of the FCU Act applies
to institution-affiliated parties, as
defined by Section 206(r) of the FCU
Act (12 U.S.C. 1786(r)), and others who
are participants in the conduct of the

Given the changes in banking, including
financial modernization and the rapid pace
of technology, a regulatory listing of activities
that constitute participation is neither
practical nor advisable. Accordingly, like
FDIC’s SOP, the interim final rule does not
define precisely what activities constitute

Union Administration (NCUA) Board, a
person who has been convicted of any
criminal offense involving dishonesty or
breach of trust, or has agreed to enter
into a pretrial diversion or similar
program in connection with a
prosecution for such offense may not:
• Become, or continue as, an
institution affiliated party with respect
to any insured credit union; or
• Otherwise participate, directly or
indirectly, in the conduct of the affairs
of any insured credit union.
Section 205(d)(1)(B) further provides
that an insured credit union may not
allow any person described above to
engage in any conduct or to continue
any relationship prohibited by Section
205(d). The statute imposes a ten-year
ban against the NCUA Board’s consent
for a person convicted of certain crimes
enumerated in Title 18 of the United
States Code, absent a motion by the
NCUA Board and approval by the
sentencing court. (Section 205(d)(2)).
Finally, Section 205(d)(3) states that
‘‘whoever knowingly violates’’ (d)(1)(A)
or (d)(1)(B) is committing a felony,
punishable by up to five years in jail
and a fine of up to $1,000,000 a day.
This IRPS provides guidance to credit
unions and individuals as to who is
subject to the prohibition provision of
Section 205(d). Similarly, the IRPS
defines what offenses come within the
prohibition provision of Section 205(d)
and thus require an application for the
NCUA Board’s consent to participate in
the affairs of an insured credit union.
The IRPS also identifies certain offenses
that will be excluded from Section
205(d) and do not require the NCUA
Board’s consent. In order to assist those
who may need the consent of the NCUA
Board to participate in the affairs of an
insured credit union, the IRPS explains
the procedures to request such consent,
clarifies the duty imposed on credit
unions by Section 205(d), and identifies
the factors the NCUA Board will
consider in deciding whether to provide
such consent. Finally, the IRPS explains
how an applicant could appeal a
decision by the NCUA Board denying an
application for its consent.
II. Policies and Procedures Regarding
Prohibitions Imposed by Section 205(d)

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A. Scope of Section 205(d) of the FCU
Act

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‘‘participation.’’ Rather, agency and court
decisions will provide the guide as to what
standards will be applied. As a general
proposition, however, participation will
depend upon the degree of influence or
control over the management or affairs of the
[insured credit union]. Those who exercise
major policymaking functions at [an insured
credit union] would fall within this category.

72 FR 25948, at 25949 (May 8, 2007).
NCUA agrees with that view and will
likewise not define what constitutes
participation in the conduct of the
affairs of an insured credit union but
rather will analyze each individual’s
conduct on a case-by-case basis to
determine if their conduct amounts to
participating in the affairs of an insured
credit union.
2. Offenses Covered by Section 205(d)
Except as indicated in paragraph (3),
below, an application requesting the
consent of the NCUA Board under
Section 205(d) is required where any
adult, or minor treated as an adult, has
received a conviction by a court of
competent jurisdiction for any criminal
offense involving dishonesty or breach
of trust (a covered offense), or where
such person has entered a pretrial
diversion or similar program regarding a
covered offense. The following
definitions apply:
(i) Conviction. There must be a
conviction of record. Section 205(d)
does not apply to arrests, pending cases
not brought to trial, acquittals, or any
conviction which has been reversed on
appeal. A conviction with regard to
which an appeal is pending will require
an application until or unless reversed.
A conviction for which a pardon has
been granted will require an
application.
(ii) Pretrial Diversion or Similar
Program. A pretrial diversion program,
whether formal or informal, is
characterized by a suspension or
eventual dismissal of charges or
criminal prosecution upon agreement by
the accused to treatment, rehabilitation,
restitution, or other non-criminal or
non-punitive alternatives. Whether a
program constitutes a pretrial diversion
is determined by relevant federal, state
or local law, and will be considered by
the NCUA Board on a case-by-case
basis.
(iii) Dishonesty or Breach of Trust.
The conviction or entry into a pretrial
diversion program must have been for a
criminal offense involving dishonesty or
breach of trust.
‘‘Dishonesty’’ means directly or
indirectly to cheat or defraud; to cheat
or defraud for monetary gain or its
equivalent; or wrongfully to take
property belonging to another in

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violation of any criminal statute.
Dishonesty includes acts involving want
of integrity, lack of probity, or a
disposition to distort, cheat, or act
deceitfully or fraudulently, and may
include crimes which federal, state or
local laws define as dishonest.
‘‘Breach of trust’’ means a wrongful
act, use, misappropriation or omission
with respect to any property or fund
which has been committed to a person
in a fiduciary or official capacity, or the
misuse of one’s official or fiduciary
position to engage in a wrongful act,
use, misappropriation or omission.
Whether a crime involves dishonesty
or breach of trust will be determined
from the statutory elements of the crime
itself. All convictions for offenses
concerning the illegal manufacture, sale,
distribution of or trafficking in
controlled substances shall require an
application for the NCUA Board’s
consent under Section 205(d).
3. Offenses Not Covered by Section
205(d)
(i) De minimis Offenses. Approval is
automatically granted and an
application for the NCUA Board’s
consent under Section 205(d) will not
be required where the covered offense is
considered de minimis, because it meets
all of the following criteria:
• There is only one conviction or
entry into a pretrial diversion program
of record for a covered offense;
• The offense was punishable by
imprisonment for a term of less than one
year and/or a fine of less than $1,000,
and the punishment imposed by the
court did not include incarceration;
• The conviction or pretrial diversion
program was entered at least five years
prior to the date an application would
otherwise be required;
• The offense did not involve an
insured depository institution or
insured credit union; and
• The NCUA Board or any other
federal financial institution regulatory
agency has not previously denied
consent under Section 205(d) of the
FCU Act or Section 19 of the FDIA,
respectively, for the same conviction or
participation in a pretrial diversion
program.
Any person who meets the foregoing
criteria must be covered by a fidelity
bond to the same extent as other
employees in similar positions. An
insured credit union may not allow any
person to participate in its affairs, even
if that person has a conviction for what
would constitute a de minimis covered
offense, if the person cannot obtain
required fidelity bond coverage.
Any person who meets the foregoing
criteria for a de minimis offense shall

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disclose the presence of the conviction
or pretrial diversion program to all
insured credit unions or other insured
institutions in the affairs of which he or
she intends to participate.
(ii) Youthful Offender Adjudgments.
An adjudgment by a court against a
person as a ‘‘youthful offender’’ under
any youth offender law, or any
adjudgment as a ‘‘juvenile delinquent’’
by any court having jurisdiction over
minors as defined by state law does not
require an application for the NCUA
Board’s consent under Section 205(d).
Such adjudications will not be
considered convictions for criminal
offenses.
(iii) Expunged convictions. A
conviction which has been completely
expunged is not considered a conviction
of record and will not require an
application for the NCUA Board’s
consent under Section 205(d).
B. Duty Imposed on Credit Unions
Section 205(d) imposes a duty upon
every insured credit union to make a
reasonable inquiry regarding the history
of every applicant for employment.
NCUA believes that inquiry should
consist of taking steps appropriate
under the circumstances, consistent
with applicable law, to avoid hiring or
permitting participation in its affairs by
a person who has a conviction or
participation in a pretrial diversion
program for a covered offense. The
NCUA believes that at a minimum, each
insured credit union should establish a
screening process which provides the
insured credit union with information
concerning any convictions or pretrial
diversion programs pertaining to a job
applicant.
This would include, for example, the
completion of a written employment
application which requires a listing of
all convictions and pretrial diversion
programs. When the credit union learns
that a prospective employee has a prior
conviction or entered into a pretrial
diversion program for a covered offense,
the credit union must submit an
application requesting the NCUA
Board’s consent under Section 205(d)
prior to hiring the person or otherwise
permitting him or her to participate in
its affairs.
If an insured credit union discovers
that an employee, official, or anyone
else who is an institution-affiliated
party or who participates, directly or
indirectly, in its affairs, is in violation
of Section 205(d), the credit union must
immediately place that person on a
temporary leave of absence from the
credit union and file an application
seeking the NCUA Board’s consent
under Section 205(d). The person must

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remain on such temporary leave of
absence until such time as the NCUA
Board has acted on the application.
When NCUA learns that an institutionaffiliated party or a person participating
in the affairs of an insured credit union
should have received the NCUA Board’s
consent under Section 205(d) but did
not, NCUA will look at the
circumstances of each situation to
determine whether the inquiry made by
the credit union was reasonable under
the circumstances.
C. Procedures for Requesting the NCUA
Board’s Consent Under Section 205(d)
Section 205(d) of the FCU Act serves,
by operation of law, as a statutory bar
to participation in the affairs of an
insured credit union, absent the written
consent of the NCUA Board. When an
application for the NCUA Board’s
consent under Section 205(d) is
required, the insured credit union must
file a written application with the
appropriate NCUA Regional Director.
The purpose of an application is to
provide the applicant an opportunity to
demonstrate that, notwithstanding the
bar, the person is fit to participate in the
conduct of the affairs of an insured
credit union without posing a risk to its
safety and soundness or impairing
public confidence in that institution.
Such an application should thoroughly
explain the circumstances surrounding
the conviction or pretrial diversion
program. The application should also
address the relevant factors and criteria
the NCUA Board will consider in
determining whether to grant consent,
specified below. The burden is upon the
applicant to establish that the
application warrants approval.
The application must be filed by an
insured credit union on behalf of a
person unless the NCUA Board grants a
waiver of that requirement. Such
waivers will be considered on a case-bycase basis where substantial good cause
for granting a waiver is shown.
D. Evaluation of Section 205(d)
Applications
The essential criteria used by the
NCUA Board in assessing an application
for consent under Section 205(d) are
whether the person has demonstrated
his or her fitness to participate in the
conduct of the affairs of an insured
credit union, and whether the
employment, affiliation, or participation
by the person in the conduct of the
affairs of the insured credit union may
constitute a threat to the safety and
soundness of the institution or the
interests of its members or threaten to
impair public confidence in the insured
credit union.

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In evaluating an application, the
NCUA Board will consider:
(1) The conviction or pretrial
diversion program and the specific
nature and circumstances of the covered
offense;
(2) Evidence of rehabilitation,
including the person’s reputation since
the conviction or pretrial diversion
program, the person’s age at the time of
conviction or pretrial diversion
program, and the time which has
elapsed since the conviction or pretrial
diversion program;
(3) The position to be held or the level
of participation by the person at the
insured credit union;
(4) The amount of influence and
control the person will be able to
exercise over the management or affairs
of the insured credit union;
(5) The ability of management of the
insured credit union to supervise and
control the person’s activities;
(6) The applicability of the insured
institution’s fidelity bond coverage to
the person;
(7) For state chartered, federally
insured credit unions, the opinion or
position of the state regulator; and
(8) Any additional factors in the
specific case that appear relevant.
The foregoing criteria will also be
applied by the NCUA Board to
determine whether the interests of
justice are served in seeking an
exception in the appropriate court when
an application is made to terminate the
ten-year ban for certain enumerated
offenses in violation of Title 18 of the
United States Code prior to its

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expiration date. NCUA believes such
requests will be extremely rare and will
be made only upon a showing of
compelling reasons.
Some applications can be approved
without an extensive review because the
person will not be in a position to
present any substantial risk to the safety
and soundness of the insured credit
union. Persons who will occupy
clerical, maintenance, service or purely
administrative positions, generally fall
into this category. A more detailed
analysis will be performed in the case
of persons who will be in a position to
influence or control the management or
affairs of the insured credit union.
Approval by the NCUA Board will be
subject to the condition that the person
shall be covered by a fidelity bond to
the same extent as others in similar
positions.
In cases in which a waiver of the
institution filing requirement has been
granted to an individual, approval of the
application will be conditioned upon
that person disclosing the presence of
the conviction to all insured credit
unions or other insured financial
institutions in the affairs of which he or
she wishes to participate. When deemed
appropriate, approval may also be
subject to the condition that the prior
consent of the NCUA Board will be
required for any proposed significant
changes in the person’s duties and/or
responsibilities. Such proposed changes
may, in the discretion of the appropriate
Regional Director, require a new
application for the NCUA Board’s
consent. When approval has been

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granted for a person to participate in the
affairs of a particular insured credit
union and subsequently that person
seeks to participate in the affairs of
another insured credit union, approval
does not automatically follow. In such
cases, another application must be
submitted. Moreover, any person who
has received consent from the NCUA
Board under Section 205(d) and
subsequently wishes to become an
institution affiliated party or participate
in the affairs of an FDIC-insured
institution, he or she must obtain the
prior approval of the FDIC pursuant to
Section 19 of the FDIA.
E. Appeal Rights Following the Denial of
an Application Under Section 205(d)
If the NCUA Board withholds consent
under Section 205(d), the insured credit
union (or in the case where a waiver has
been granted, the individual that
submitted the application) may request
a hearing by submitting a written
request within 30 days following the
date of the NCUA Board’s action. The
NCUA Board will apply the process
contained in regulations governing
prohibitions based on felony
convictions, found at Part 747, Subpart
D of Title 12, Code of Federal
Regulations, to any request for a
hearing. The insured credit union (or in
the case where a waiver has been
granted, the individual that submitted
the application) may also waive a
hearing and request that the NCUA
Board determine the matter on the basis
of written submissions.
BILLING CODE 7535–01–P

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Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices

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[FR Doc. E8–6031 Filed 4–3–08; 8:45 am]
BILLING CODE 7535–01–C

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18584

Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Notices

NATIONAL SCIENCE FOUNDATION
Advisory Committee for Polar
Programs; Notice of Meeting
In accordance with Federal Advisory
Committee Act (Pub. L. 92–463, as
amended), the National Science
Foundation announces the following
meeting:
Name: Advisory Committee for Polar
Programs (1130).
Date/Time: May 29, 2008, 8 a.m. to 5 p.m.
May 30, 2008, 8 a.m. to 3 p.m.
Place: National Science Foundation, 4201
Wilson Boulevard, Room 1235.
Type of Meeting: Open.
Contact Person: Sue LaFratta, Office of
Polar Programs (OPP). National Science
Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230. (703) 292–8030.
Minutes: May be obtained from the contact
person listed above.
Purpose of Meeting: To advise NSF on the
impact of its policies, programs, and
activities on the polar research community,
to provide advice to the Director of OPP on
issues related to long-range planning.
Agenda: Staff presentations and discussion
on opportunities and challenges for polar
research, education and infrastructure;
program organization and balance; Antarctic
Support Committee of Visitors;
transformative research; and overall
dimensions of NSF’s IPY activity and how it
relates to IPY activity worldwide.
Dated: April 1, 2008.
Susanne Bolton,
Committee Management Officer.
[FR Doc. E8–7066 Filed 4–3–08; 8:45 am]
BILLING CODE 7555–01–P

NUCLEAR REGULATORY
COMMISSION
Draft Regulatory Guide: Issuance,
Availability
Nuclear Regulatory
Commission.
ACTION: Issuance, Availability of Draft
Regulatory Guide (DG)–1194.
AGENCY:

FOR FURTHER INFORMATION CONTACT:

M.

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Lintz, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: (301) 415–4051 or email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) has issued for public
comment a draft guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public such information
as methods that are acceptable to the
NRC staff for implementing specific
parts of the NRC’s regulations,

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techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
The draft regulatory guide entitled
‘‘Guidance to Operators at the Controls
and to Senior Operators in the Control
Room of a Nuclear Power Unit’’ is
temporarily identified by its task
number, DG–1194, which should be
mentioned in all related
correspondence.
This guide describes staffing practices
and methods generally considered by
the NRC to be satisfactory for complying
with the Commission’s regulations that
require the presence of an operator at
the controls of a nuclear power unit and
a senior operator in the control room.
These practices and methods are the
result of NRC review of operating
experience and they reflect the latest
methods and approaches acceptable to
the NRC staff. If future information
results in alternative methods, the NRC
staff will review such methods to
determine their acceptability.
II. Further Information
The NRC staff is soliciting comments
on DG–1194. Comments may be
accompanied by relevant information or
supporting data, and should mention
DG–1194 in the subject line. Comments
submitted in writing or in electronic
form will be made available to the
public in their entirety through the
NRC’s Agencywide Documents Access
and Management System (ADAMS).
Personal information will not be
removed from your comments. You may
submit comments by any of the
following methods:
1. Mail comments to: Rulemaking,
Directives, and Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
2. E-mail comments to:
[email protected].
3. Hand-deliver comments to:
Rulemaking, Directives, and Editing
Branch, Office of Administration, U.S.
Nuclear Regulatory Commission, 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
on Federal workdays.
4. Fax comments to: Rulemaking,
Directives, and Editing Branch, Office of
Administration, U.S. Nuclear Regulatory
Commission at (301) 415–5144.
Requests for technical information
about DG–1194 may be directed to the
NRC Senior Program Manager, M. Lintz,
at (301) 415–4051 or e-mail at
[email protected].
Comments would be most helpful if
received by June 6, 2008. Comments

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received after that date will be
considered if it is practical to do so, but
the NRC is able to ensure consideration
only for comments received on or before
this date. Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
Electronic copies of DG–1194 are
available through the NRC’s public Web
site under Draft Regulatory Guides in
the ‘‘Regulatory Guides’’ collection of
the NRC’s Electronic Reading Room at
http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also
available in ADAMS (http://
www.nrc.gov/reading-rm/adams.html),
under Accession No. ML080220459.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR), which is
located at 11555 Rockville Pike,
Rockville, Maryland. The PDR’s mailing
address is USNRC PDR, Washington, DC
20555–0001. The PDR can also be
reached by telephone at (301) 415–4737
or (800) 397–4205, by fax at (301) 415–
3548, and by e-mail to [email protected].
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 31st day
of March, 2008.
For the Nuclear Regulatory Commission.
Andrea D. Valentin,
Chief, Regulatory Guide Development Branch,
Division of Engineering, Office of Nuclear
Regulatory Research.
[FR Doc. E8–7053 Filed 4–3–08; 8:45 am]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–09027]

Notice of License Termination and
Release of the Cabot Site in Reading,
PA, for Unrestricted Release
Nuclear Regulatory
Commission.

AGENCY:

Notice of License Termination
and Site Release for Unrestricted Use.

ACTION:

FOR FURTHER INFORMATION CONTACT:

Theodore B. Smith, Reactor
Decommissioning Branch, Division of
Waste Management and Environmental
Protection, NRC, Washington, DC
20555; telephone (301) 415–6721; fax
(301) 415–5369; or e-mail at
[email protected].

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