Risk-Based Capital, 12 CFR 702.101(b)

Forms and Documents

Document Name	Status
FINAL_RULE_RBC2_12CFR702__80FR66626_29OCT2015.pdf Supplementary Document	2018-08-08
FINAL_3133-0191_Supporting Statement_RBC3NPRM_080817.docx Supporting Statement A	2018-08-08

IC Document Collections

IC ID	Document Title	Status
214732	Capital Adequacy - Complex Credit Unions	Modified

ICR Details

OMB Control No: 3133-0191	ICR Reference No: 201808-3133-004
Status: Historical Inactive	Previous ICR Reference No: 201807-3133-001
Agency/Subagency: NCUA	Agency Tracking No: EI NPRM
Title: Risk-Based Capital, 12 CFR 702.101(b)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/31/2018
	Date Received in OIRA: 08/08/2018
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2021	36 Months From Approved	08/31/2021
Responses	1,489	0	1,489
Time Burden (Hours)	59,560	0	59,560
Cost Burden (Dollars)	0	0	0

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Abstract: Part 702 of NCUA’s prompt corrective action (PCA) regulations require that credit unions taking certain risks hold capital commensurate with those risks. The risk-based capital provisions of the 2015 final rule (10/29/2015; 80 FR 66626) apply only to federally insured, natural-person credit unions (credit unions) with quarter-end total assets exceeding $100 million. The overarching intent of the 2015 final rule is to reduce the likelihood that a relatively small number of high-risk outlier credit unions would exhaust their capital and cause large losses to the NCUSIF. Under the Federal Credit Union Act, federally insured credit unions are collectively responsible for replenishing losses to the NCUSIF. The 2015 final rule restructures NCUA’s PCA regulations and makes various revisions, including amending the agency’s current risk-based net worth requirement by replacing the risk-based net worth ratio with a new risk-based capital ratio for credit unions. The 2015 final rule is currently set to become effective on January 1, 2019. This proposed rule (8/08/2018; 83 FR 38997) would amend the 2015 final rule by delaying the effective date to January 1, 2020, and increasing the threshold level for coverage from $100 million to $500 million.

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Authorizing Statute(s): US Code: 12 USC 1790d(d) 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:
3133-AE90	Proposed rulemaking	83 FR 38997	08/08/2018

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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
Capital Adequacy - Complex Credit Unions

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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The proposal will amend the definition of a “complex” credit union by increasing the threshold level for coverage from $100 million to $500 million. This will reduce the number of respondents required to comply from 1,489 to 531; a reduction of 958 respondents. A reduction of 38,320 burden hours is attributed to this program change.

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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.     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: 08/08/2018

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