Designation of Low Income Status, 12 CFR 701.34(a)

Forms and Documents

Document Name	Status
Signed_Emergency PRA Justification Memo_Designation of Low Income Status_050720.pdf Supplementary Document	2020-05-07
12CFR701-34_(1-1-18 ED).pdf Supplementary Document	2018-09-27
FINAL_3133-0117_Emergency_SS_050720.docx Supporting Statement A	2020-05-07

IC Document Collections

IC ID	Document Title	Status
214234	Designation of Low-income Status	Modified

ICR Details

OMB Control No: 3133-0117	ICR Reference No: 202005-3133-002
Status: Historical Active	Previous ICR Reference No: 201804-3133-002
Agency/Subagency: NCUA	Agency Tracking No: CURE Emergency
Title: Designation of Low Income Status, 12 CFR 701.34(a)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/08/2020
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/08/2020
	Date Received in OIRA: 05/07/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2020	6 Months From Approved	11/30/2021
Responses	287	0	252
Time Burden (Hours)	443	0	303
Cost Burden (Dollars)	24,000	0	24,000

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Abstract: The Federal Credit Union Act (12 U.S.C. 1752(5)) authorizes the NCUA Board to define low-income members so that credit unions with a membership serving predominantly low-income members can benefit from certain statutory relief and receive assistance from the Community Development Revolving Loan Fund. To utilize this authority a credit union must receive a low-income designation from NCUA as defined in NCUA's regulations at 12 CFR 701.34. NCUA uses the information from credit unions to determine whether they meet the criteria for the low-income designation.

Emergency Justfication: Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR 1320, NCUA requests that the collection of information, §701.34(a) - Designation of Low Income Status, be processed in accordance with section 1320.13 Emergency Processing. NCUA has determined that this information must be collected prior to the expiration of time periods established under Part 1320, and that this information is essential to the NCUA’s ability to effectively respond to events caused by the COVID-19 pandemic. Timely processing of this request will help to ensure credit unions remain operational and liquid during the COVID-19 crisis. NCUA is implementing a procedural change for credit unions in qualifying for low-income designation status, by including military personnel in the low-income designation calculation, which in result would increase the number of credit unions holding this designation. The procedural change will give more credit unions access to congressionally appropriated COVID-19 stimulus grants and loan programs. Credit unions would be in a better position to help their members in response to the crisis. The distribution of COVID-19 stimulus funds through participating credit unions fits NCUA’s role in serving underserved communities and individuals. Given the inability to seek public comment during such a short timeframe, NCUA requests a waiver from the requirement to publish a notice in the Federal Register seeking public comment during the period of OMB review.

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Authorizing Statute(s): US Code: 12 USC 1757 Name of Law: Federal Credit Union 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
Designation of Low-income Status

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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	287	252	0	35	0	0
Annual Time Burden (Hours)	443	303	0	140	0	0
Annual Cost Burden (Dollars)	24,000	24,000	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 information collection request is being submitted as an emergency request for OMB approval. NCUA has determined that this information must be collected prior to the expiration of time periods established under Part 1320, and that this information is essential to the NCUA’s ability to help ensure that credit unions remain operational and liquid during the COVID-19 crisis. This is a revision of a currently approved collection. An increase of 140 burden hours is due to a program change as a result of including military personnel in the low-income designation calculation, thus increasing the number of credit unions qualifying for low income designation status. A total of 443 burden hours is requested.

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Annual Cost to Federal Government: $8,987

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

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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: 05/07/2020

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