[Federal Register Volume 59, Number 201 (Wednesday, October 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25606]


[[Page Unknown]]

[Federal Register: October 19, 1994]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Parts 303 and 338

 

Applications, Requests, Submittals, Delegations of Authority, and 
Notices Required To Be Filed by Statute or Regulation; Fair Housing

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule.

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SUMMARY: The FDIC has adopted final amendments concerning delegations 
of authority and other technical amendments to its regulations in order 
to reflect the name, duties and powers of the FDIC's new Division of 
Compliance and Consumer Affairs, which was established under a recent 
internal reorganization. The Division of Compliance and Consumer 
Affairs was created by abolishing the FDIC's Office of Consumer Affairs 
and transferring its functions, as well as those of the FDIC's Division 
of Supervision relating to compliance with consumer protection, fair 
lending, community reinvestment, civil rights, and other laws not 
directly affecting the safety and soundness of depository institutions, 
to the new division. The intended effect of these amendments is to 
provide officials in the new division with appropriate delegated 
authority and to make other technical and conforming amendments.

EFFECTIVE DATE: This regulation becomes effective on October 19, 1994.

FOR FURTHER INFORMATION CONTACT: Claude A. Rollin, Senior Counsel, 
Legal Division (202-898-3985), Grovetta N. Gardineer, Senior Attorney, 
Legal Division (202-898-3905), or Lori J. Sommerfeld, Law Clerk, Legal 
Division (202-898-8515).

SUPPLEMENTARY INFORMATION:

Background

    On August 29, 1994, the Acting Chairman of the Board of the FDIC 
approved a reorganization of the Corporation resulting in the 
establishment of a new Division of Compliance and Consumer Affairs. 
This was accomplished by abolishing the Office of Consumer Affairs and 
transferring its functions and duties to the new division. The 
functions and duties of the Division of Supervision relating to 
compliance with consumer protection, fair lending, community 
reinvestment, civil rights, and other laws not directly affecting the 
safety and soundness of depository institutions were also transferred 
to the new division. The Board adopted a resolution on August 30, 1994 
approving the restructuring in order to reaffirm and strengthen its 
commitment to enforcing consumer protection, fair lending, community 
reinvestment, and civil rights laws and to better utilize FDIC 
resources.

Discussion

    The FDIC has identified portions of its regulations that will be 
directly affected by the aforementioned corporate reorganization and 
thus require modification. These amendments include delegations of 
authority and other technical amendments to part 303 as well as a 
technical amendment to part 338.

A. Amendments to Part 303

    Part 303 of the FDIC's regulations generally sets forth the 
procedures to be followed by both the FDIC and applicants with respect 
to applications, requests, or notices required to be filed by statute 
or regulation. Part 303 also currently sets forth delegations of 
authority from the FDIC's Board of Directors to the Director of the 
Division of Supervision, associate directors, regional directors and 
deputy regional directors of that division to act on certain 
applications and other matters.
    These amendments primarily provide delegations of authority, where 
appropriate, to the Director and the regional managers of the Division 
of Compliance and Consumer Affairs to act on certain matters within the 
purview of the new division. The amendments also replace certain 
obsolete terminology and legal citations with current nomenclature and 
accurate citations where applicable. Specific changes are described 
below.
1. Scope and Definitions (Sec. 303.0)
    The description of the scope of part 303 has been revised to 
reflect the delegations of authority added to part 303 for the new 
Division of Compliance and Consumer Affairs as well as to reflect that 
part 303 prescribes where applications, requests and notices required 
to be filed by statute or regulation should be filed. Definitions of 
``Director (DCA)'' and ``regional manager'' have been added to reflect 
the management of the new Division of Compliance and Consumer Affairs. 
The new term ``DCA'' has been added and defined to mean the Division of 
Compliance and Consumer Affairs or any successor thereto. The term 
``Director'' has been revised to ``Director (DOS)''. The term 
``Associate Director'' has been redefined to include any associate 
director of the Division of Supervision or the Division of Compliance 
and Consumer Affairs. The revisions clarify that the terms ``associate 
director,'' ``regional director,'' ``deputy regional director,'' 
``Associate General Counsel for Compliance and Enforcement,'' and 
``regional counsel'' include officials of equivalent authority. A 
definition of ``institution-affiliated party'' has replaced the term 
``individual'' throughout, incorporating by reference the meaning 
provided in 12 U.S.C. 1813(u). The term ``order of correction'' 
relating to actions terminating deposit insurance has been replaced 
with the term ``notification to primary regulator,'' which is the 
nomenclature currently found in 12 U.S.C. 1818(a). The definition of 
``notice of assessment of civil penalties'' has been revised to conform 
with current law. The term ``final order to pay'' relating to the 
assessment of civil money penalties has been deleted as unnecessary, 
and the term ``amended order to pay'' added to provide for orders which 
change the amount originally assessed in civil money penalty actions. 
The definition of ``total assets'' has been revised and a definition of 
``Tier 1 capital'' added, incorporating by reference the definitions 
found at 12 CFR 325.2(n) and (m), respectively. The term ``protest'' 
has been revised to reflect the appropriate regional manager's duties 
with respect to Community Reinvestment Act protests. Section 
303.0(c)(1) has been added to explain that any authority delegated to 
the Director of the Division of Supervision or the Director of the 
Division of Compliance and Consumer Affairs may be exercised by the 
Executive Director, Divisions of Compliance, Resolutions and 
Supervision. Similarly, Sec. 303.0(c)(2) explains that any authority 
delegated to the regional manager may, where confirmed in writing, be 
exercised by his or her principal assistant. Finally, Sec. 303.0(d) is 
added to clarify that, if appropriate, any use of the singular includes 
the plural and the plural includes the singular and that any use of the 
masculine, feminine or neuter gender encompasses all three.
2. Application Procedures (Sec. 303.6)
    a. Investigations and examinations (Sec. 303.6(b)). This section 
has been amended to provide delegations of authority to the Director 
and the regional manager of the Division of Compliance and Consumer 
Affairs to authorize investigations and examinations pursuant to this 
section as deemed appropriate. Upon receipt of any report of 
investigation or examination, authority is delegated to the Director or 
regional manager of the new division to take any action determined 
necessary or appropriate under the circumstances.
    b. Opportunity to petition for reconsideration of a denied 
application, petition, or other request (Sec. 303.6(e)). This section 
has been amended to indicate that a petition or request relating to 
compliance with consumer protection, fair lending, community 
reinvestment or civil rights laws should be filed with the appropriate 
regional manager. This section has also been amended to include the 
Director of the Division of Compliance and Consumer Affairs and, where 
confirmed in writing, the associate director or the appropriate 
regional manager, in the exercise of authority under this section.
    c. Delegation of authority to act on certain enforcement matters 
(Sec. 303.9). References throughout the section have been revised to 
include the authority of the Director of the Division of Compliance and 
Consumer Affairs or designee to act on certain enforcement matters 
involving consumer compliance issues. With respect to enforcement 
matters involving both safety and soundness and consumer compliance 
matters, authority to act is delegated to the Director of the Division 
of Supervision and the Director of the Division of Compliance and 
Consumer Affairs, or their designees, jointly.
    d. Actions pursuant to 12 U.S.C. 1818(a) (Sec. 303.9(a)). This 
section continues to allow for the delegation of authority to various 
Division of Supervision personnel to initiate termination of insurance 
actions pursuant to 12 U.S.C. 1818(a). However, it replaces the 
obsolete term, ``order of correction'', with the current term, 
``notification to primary regulator'', and provides that the delegates 
may act when the insured depository institution's Tier 1 capital is 
less than 2% of its total assets, which is essentially the current 
delegation updated to reflect changes in the capital regulations. 
Paragraphs (a)(2) and (a)(3) modify the certification requirements to 
conform with the terminology currently found in 12 U.S.C. 1818(a).
    e. Actions pursuant to 12 U.S.C. 1818(b) and 12 U.S.C. 1818(c) 
(Secs. 303.9 (b) and (c)). These sections have been changed to provide 
delegations of authority to both the Director of the Division of 
Supervision and the Director of the Division of Compliance and Consumer 
Affairs to initiate actions pursuant to sections 8 (b) and (c) of the 
Act as appropriate. The amendment also provides for the joint issuance 
of notices and orders by the Division of Supervision and the Division 
of Compliance and Consumer Affairs when both safety and soundness and 
consumer compliance matters will be addressed in the action.
    f. Actions pursuant to 12 U.S.C. 1818(e) (Sec. 303.9(d)). In this 
section, the term ``individual'' is replaced with the current 
terminology, ``institution-affiliated party.'' The section has also 
been revised to provide delegations of authority to both the Director 
of the Division of Supervision and the Director of the Division of 
Compliance and Consumer Affairs and, where confirmed in writing, to an 
associate director to issue notices of intent to remove from office 
pursuant to 12 U.S.C. 1818(e). The amendment also provides for the 
joint issuance of notices and orders by the Division of Supervision and 
the Division of Compliance and Consumer Affairs when both safety and 
soundness and consumer compliance matters will be addressed in the 
action.
    g. Actions pursuant to 12 U.S.C. 1818(g) (Sec. 303.9(e)). The 
delegations have been revised to provide delegated authority to the 
Director of the Division of Supervision and the Director of the 
Division of Compliance and Consumer Affairs to issue orders of 
suspension or prohibition pursuant to section 8(g) of the Federal 
Deposit Insurance Act (FDI Act). The amendment also provides for the 
joint issuance of such orders by the Division of Supervision and the 
Division of Compliance and Consumer Affairs when both safety and 
soundness and consumer compliance matters will be addressed in the 
action. The language has also been revised to conform with the statute 
as it currently reads. Hence, the reference to ``indicted director, 
officer or person participating in the conduct of the affairs'' has 
been replaced with ``institution-affiliated party who is charged in any 
information, indictment, or complaint as set forth in section 8(g) of 
the Act.''
    h. Civil money penalty actions (Sec. 303.9(g)). Current Sec. 303.9 
delegates to the Director of the Division of Supervision and, where 
confirmed in writing, an associate director the authority to issue 
notices of assessment of civil money penalties. The amendment provides 
an additional delegation of authority to the Director of the Division 
of Compliance and Consumer Affairs and, where confirmed in writing, to 
an associate director of that division. The amendment also provides for 
the issuance of joint notices of assessment of civil money penalties by 
the Division of Supervision and the Division of Compliance and Consumer 
Affairs when both safety and soundness and consumer compliance matters 
will be addressed in the action.
    i. Investigations and examinations pursuant to 12 U.S.C. 1820(c) 
(Sec. 303.9(i)). Current Sec. 303.9 provides a delegation to the 
Director of the Division of Supervision or the Director of the Division 
of Liquidation and, where confirmed in writing, to an associate 
director or the appropriate regional director or deputy regional 
director and the General Counsel or his designee to issue an order of 
investigation pursuant to section 10(c) of the Act. This section has 
been amended to include a delegation of authority to the Director of 
the Division of Compliance and Consumer Affairs and, where confirmed in 
writing, to the appropriate regional manager of that division. The 
amendment also provides for the joint issuance of an order of 
investigation by the Director of the Division of Supervision and the 
Director of the Division of Compliance and Consumer Affairs when both 
safety and soundness and consumer compliance matters will be a subject 
of the investigation. The reference to ``Division of Liquidation'' has 
been changed to ``Division of Depositor and Asset Services'' to reflect 
an earlier title change for that division. The reference to the 
relevant FDIC regulation is updated to specify the current citation, 
which is subpart K of part 308.
    j. Actions pursuant to the Truth in Lending Act (Sec. 303.9(j)). 
This section has been amended to provide delegations of authority to 
the Director of the Division of Compliance and Consumer Affairs and the 
appropriate regional manager in that division and to eliminate existing 
delegations to the Director and other personnel of the Division of 
Supervision. The scope of the delegation to regional managers has been 
broadened to allow regional managers to deny any request for relief 
from the requirements for reimbursement under the Truth in Lending Act 
up to $25,000 instead of $10,000.
    k. Unilateral settlement offers (Sec. 303.9(k)) and acceptance of 
written agreements (Sec. 303.9(l)). These sections have been amended to 
include delegations of authority to the Director and an associate 
director of the Division of Compliance and Consumer Affairs. Section 
303.9(k) has also been amended to provide that, in cases where a 
proceeding was issued jointly by DOS and DCA, both Directors, or their 
designees, must agree to accept, deny or enter into any negotiations 
for unilateral settlement offers. Section 303.9(l) has also been 
amended to provide that in cases where both safety and soundness and 
consumer compliance matters are addressed, joint written agreements may 
be entered into. Section 303.9(l)(2) has further been amended to 
broaden the scope of authority delegated to both directors, and where 
confirmed in writing by either director, to an associate director, to 
accept or enter into written agreements pertaining to any safety and 
soundness or consumer compliance matter which may be addressed by 
section 8(b) of the FDI Act or any other provision of the FDI Act which 
addresses safety and soundness or consumer compliance matters.
    l. Modifications and terminations of enforcement actions 
(Sec. 303.9(m)). Section 303.9(m) has been amended to provide a 
delegation of authority to the Director of the Division of Compliance 
and Consumer Affairs and, where confirmed in writing, the appropriate 
associate director and regional manager to terminate actions initiated 
and orders issued under 12 U.S.C. 1818 (b) or (c) when the depository 
institution has failed or merged. The delegated authority to modify or 
terminate other actions not specifically addressed remains unchanged, 
but language is added to clarify that notifications and notices are 
included in the types of actions that may be acted upon under this 
section. The concurrent certification requirement for terminations and 
modifications remains substantially unchanged.
    m. Enforcement of outstanding orders (Sec. 303.9(n)). This section 
has been amended to include consultation by the General Counsel or 
designee with the Director, an associate director or regional manager 
of the Division of Compliance and Consumer Affairs prior to the 
initiation of any action to enforce certain outstanding orders.
3. Applications and Enforcement Matters Where Authority Is Not 
Delegated (Sec. 303.10)
    Authority not specifically delegated is retained by the Board of 
Directors (Sec. 303.10(a)(2)). This section has been amended to include 
references to the Director, associate director and regional manager in 
the Division of Compliance and Consumer Affairs.
4. Confirmation, Limitations, Rescissions, and Special Cases 
(Sec. 303.11)
    Action under delegated authority not mandated (Sec. 303.11(b)). 
This section has been amended to include references to the Director, 
associate director and regional manager in the Division of Compliance 
and Consumer Affairs.

B. Amendment to Part 338

    Part 338 is amended by changing the address on the Equal Housing 
Lender Poster contained in Sec. 338.4(b) of the FDIC's regulations, 12 
CFR 338.4(b), to reflect the name of the new Division of Compliance and 
Consumer Affairs.

Exemption From Public Comment

    Rules of agency organization, procedure or practice are exempt from 
public comment requirements of section 553 of the Administrative 
Procedure Act (5 U.S.C. 553(b)(A)). The FDIC believes that it is 
unnecessary to seek public comment in this case because these 
amendments concern rules of agency organization, procedure or practice 
which fall within this exemption. Therefore, the amendments are being 
issued as a final, rather than proposed, rule.

Effective Date of Amendments

    Section 553 of the Administrative Procedure Act (5 U.S.C. 553) 
generally requires that a final rule be published 30 days prior to its 
effective date, subject to certain exceptions. One such exception is 
that if an agency finds good cause for making a rule immediately 
effective and publishes the basis for such finding, then the rule need 
not be published 30 days prior to its effective date. 5 U.S.C. 
553(d)(3). These amendments merely concern internal delegations of 
authority and do not affect any substantive rights. Therefore, the FDIC 
Board of Directors finds good cause to waive the 30-day delayed 
effective date in order to quickly effectuate the corporate 
reorganization and to provide the new Division of Compliance and 
Consumer Affairs with appropriate legal authority to carry out its 
functions and duties.

Paperwork Reduction Act

    This rulemaking does not require any collections of information 
pursuant to section 3504(h) of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq. Accordingly, no information has been submitted to the 
Office of Management and Budget for review.

Authority

    These amendments are promulgated under the FDIC's general authority 
to prescribe, through its Board of Directors, such rules and 
regulations as it may deem necessary to carry out the provisions of the 
Federal Deposit Insurance Act or any other law which the FDIC has the 
responsibility of administering or enforcing (except to the extent that 
authority to issue such rules and regulations has been expressly and 
exclusively granted to any other regulatory agency). 12 U.S.C. 1819(a) 
(Tenth).

List of Subjects

12 CFR Part 303

    Administrative practice and procedure, Authority delegations 
(Government agencies), Bank deposit insurance, Banks, banking, Insured 
depository institutions, Reporting and recordkeeping requirements, 
Savings associations.

12 CFR Part 338

    Advertising, Banks, banking, Civil rights, Credit, Fair housing, 
Mortgages, Reporting and recordkeeping requirements, Signs and symbols.
    The Board of Directors of the Federal Deposit Insurance Corporation 
hereby amends parts 303 and 338 of title 12 of the Code of Federal 
Regulations as follows:

PART 303--APPLICATIONS, REQUESTS, SUBMITTALS, DELEGATIONS OF 
AUTHORITY, AND NOTICES REQUIRED TO BE FILED BY STATUTE OR 
REGULATION

    1. The authority citation for part 303 continues to read as 
follows:

    Authority: 12 U.S.C. 378, 1813, 1815, 1816, 1817(a)(2)(b), 
1817(j), 1818, 1819 (``Seventh,'' ``Eighth'' and ``Tenth''), 1828, 
1831e, 1831o, 1831p-1(a); 15 U.S.C. 1607.

    2. Section 303.0 is revised to read as follows:


Sec. 303.0  Scope and definitions.

    (a) Scope. This part prescribes:
    (1) Where applications, requests, and notices required to be filed 
by statute or regulation (hereinafter, collectively, applications) 
should be filed;
    (2) The contents of the application when the application is to be 
made by letter;
    (3) The location where forms and instructions may be obtained when 
the application is to be made on a form. This part also prescribes 
procedures to be followed by both the FDIC and applicants during the 
process of consideration of an application; and
    (4) Finally, this part sets forth delegations of authority by the 
FDIC's Board of Directors to the Director of the Division of 
Supervision and the Director of the Division of Compliance and Consumer 
Affairs, to their associate directors, to the regional directors and 
deputy regional directors of the Division of Supervision, and to the 
regional managers of the Division of Compliance and Consumer Affairs to 
act on certain applications and other matters pursuant to the 
conditions, where applicable, that limit such delegations.
    (b) Definitions. For purposes of this part:
    (1) Corporation or FDIC. The terms Corporation or FDIC shall mean 
the Federal Deposit Insurance Corporation.
    (2) Division or DOS. The terms division or DOS shall mean the 
Division of Supervision, or in the event the Division of Supervision is 
reorganized, such successor division.
    (3) DCA. The term DCA shall mean the Division of Compliance and 
Consumer Affairs, or in the event the Division of Compliance and 
Consumer Affairs is reorganized, such successor division.
    (4) Director (DOS). The term Director (DOS) shall mean the Director 
of the Division of Supervision, or in the event the title of Director 
of the Division of Supervision becomes obsolete, any official of 
equivalent or higher authority.
    (5) Director (DCA). The term Director (DCA) shall mean the Director 
of the Division of Compliance and Consumer Affairs, or in the event the 
title of Director of the Division of Compliance and Consumer Affairs 
becomes obsolete, any official of equivalent or higher authority.
    (6) Associate director. The term associate director shall mean any 
associate director of the Division of Supervision or the Division of 
Compliance and Consumer Affairs, as appropriate, or in the event the 
title of associate director becomes obsolete, any official of 
equivalent authority within the respective divisions.
    (7) Regional director. The term regional director shall mean any 
regional director of the Division of Supervision, or in the event the 
title of regional director becomes obsolete, any official of equivalent 
authority within the Division of Supervision.
    (8) Deputy regional director. The term deputy regional director 
shall mean any deputy regional director of the Division of Supervision, 
or in those FDIC regions where there is no deputy regional director, an 
assistant regional director. In the event the title of deputy regional 
director or assistant regional director becomes obsolete, the term 
deputy regional director shall mean any official of equivalent 
authority within the same FDIC region of the Division of Supervision.
    (9) Regional manager. The term regional manager shall mean any 
regional manager in the Division of Compliance and Consumer Affairs, or 
in the event the title of regional manager becomes obsolete, any 
official of equivalent authority within the Division of Compliance and 
Consumer Affairs.
    (10) Associate General Counsel for Compliance and Enforcement. The 
term Associate General Counsel for Compliance and Enforcement shall 
mean the head of the Compliance and Enforcement Section of the Legal 
Division of the FDIC, or in the event the title of Associate General 
Counsel for Compliance and Enforcement becomes obsolete, any official 
of equivalent authority within the Legal Division. The authority 
delegated to the Associate General Counsel for Compliance and 
Enforcement may be exercised by the Deputy General Counsel for 
Supervision and Legislation or a counsel in the Compliance and 
Enforcement Section in the Washington, D.C. office.
    (11) Regional counsel. The term regional counsel shall mean a 
regional counsel of the Legal Division, or in the event the title of 
regional counsel becomes obsolete, any official of equivalent authority 
within the Legal Division. The authority delegated to a regional 
counsel may be exercised by a deputy regional counsel, a counsel, or 
any official of equivalent or higher authority in the Compliance and 
Enforcement Section of the Legal Division.
    (12) Appropriate FDIC region, appropriate FDIC regional office, 
appropriate regional director, appropriate deputy regional director, 
appropriate regional manager, appropriate regional counsel. The terms 
appropriate FDIC region, appropriate FDIC regional office, appropriate 
regional director, appropriate deputy regional director, appropriate 
regional manager, and appropriate regional counsel shall refer to the 
FDIC region, the regional director, the deputy regional director, the 
regional manager, and the regional counsel, respectively, of the FDIC 
region in which:
    (i) The applicant depository institution, the proposed or newly 
organized nonmember bank or savings association, the insured branch of 
a foreign bank, the resulting or assuming depository institution, or 
the bank in which stock is being acquired, as appropriate, is or will 
be located; or
    (ii) A depository institution--
    (A) Which is the subject of an administrative action; or
    (B) With which an individual who is the subject of an 
administrative action is associated, is located.
    (13) Act. The term the Act shall mean the Federal Deposit Insurance 
Act (12 U.S.C. 1811 et seq.).
    (14) Institution-affiliated party. The term institution-affiliated 
party shall have the same meaning as provided in section 3(u) of the 
Act (12 U.S.C. 1813(u)).
    (15) Notification to primary regulator. The term notification to 
primary regulator shall mean a notice required under section 8(a)(2)(A) 
of the Act (12 U.S.C. 1818(a)(2)(A)).
    (16) Section 8(a) order. The term section 8(a) order shall mean an 
order terminating the insured status of a depository institution under 
section 8(a) of the Act (12 U.S.C. 1818(a)).
    (17) Notice of charges. The term notice of charges shall mean a 
notice of charges and of hearing setting forth the allegations of 
unsafe or unsound practices and/or violations and fixing the time and 
place of the hearing issued under section 8(b) of the Act (12 U.S.C. 
1818(b)).
    (18) Section 8(b) order and cease-and-desist order. The terms 
section 8(b) order and cease-and-desist order shall mean a final order 
to cease and desist issued under section 8(b) of the Act (12 U.S.C. 
1818(b)).
    (19) Section 8(c) order and temporary cease-and-desist order. The 
terms section 8(c) order and temporary cease-and-desist order shall 
mean a temporary order to cease and desist issued under section 8(c) of 
the Act (12 U.S.C. 1818(c)).
    (20) Section 8(e) order. The term section 8(e) order shall mean a 
final order of removal or prohibition issued under section 8(e) of the 
Act (12 U.S.C. 1818(e)).
    (21) Section 8(e)(3) order and temporary order of suspension. The 
terms section 8(e)(3) order and temporary order of suspension shall 
mean a temporary order of suspension or prohibition issued under 
section 8(e)(3) of the Act (12 U.S.C. 1818(e)(3)).
    (22) Section 8(g) order. The term section 8(g) order shall mean an 
order of suspension or prohibition issued under section 8(g) of the Act 
(12 U.S.C. 1818(g)).
    (23) Remote service facility. The term remote service facility 
shall mean an automated teller machine, cash dispensing machine, point-
of-sale terminal, or other remote electronic facility where deposits 
are received, checks paid, or money lent.
    (24) Notice of assessment of civil money penalties. The term notice 
of assessment of civil money penalties shall mean a notice of 
assessment of civil penalties, findings of fact and conclusions of law, 
and order to pay issued pursuant to sections 7(a)(1), 7(j)(15), 8(i) or 
18(j) of the Act (12 U.S.C. 1817(a)(1), 1817(j)(15), 1818(i), or 
1828(j)), section 106(b) of the Bank Holding Company Act (12 U.S.C. 
1972), section 910(d) of the International Lending Supervision Act of 
1983 (12 U.S.C. 3909), or any other provision of law providing for the 
assessment of civil money penalties by the FDIC.
    (25) Amended order to pay. The term amended order to pay shall mean 
an order to forfeit and pay civil money penalties, the amount of which 
has been changed from that assessed in the original notice of 
assessment of civil money penalties.
    (26) Book capital. The term book capital shall mean total equity 
capital which is comprised of perpetual preferred stock, common stock, 
surplus, undivided profits and capital reserves, as those items are 
defined in the instructions of the Federal Financial Institutions 
Examination Council (FFIEC) for the preparation of Consolidated Reports 
of Condition and Income for insured banks.
    (27) Tier 1 capital. The term Tier 1 capital shall have the same 
meaning as provided in Sec. 325.2(m) of this chapter (12 CFR 325.2(m)).
    (28) Total assets. The term total assets shall have the same 
meaning as provided in Sec. 325.2(n) of this chapter (12 CFR 325.2(n)).
    (29) Adjusted Part 325 total assets. The term adjusted Part 325 
total assets shall mean adjusted 12 CFR part 325 total assets as 
calculated and reflected in the FDIC's Reports of Examination.
    (30) Protest. The term protest shall include any comment from the 
public which raises a negative issue relative to the Community 
Reinvestment Act (12 U.S.C. 2901 et seq.), whether or not it is labeled 
a protest and whether or not a hearing is requested; however, the term 
protest shall not include any such comment which the appropriate 
regional manager determines to be frivolous, or to have been filed for 
competitive reasons by a financial institution, or to have been filed 
primarily as a means of delaying action on the application, or any 
comment which raises negative Community Reinvestment Act issues between 
the commenter and the applicant that have been resolved.
    (31) Standard conditions. The term standard conditions refers to 
conditions that any delegate may include as a matter of routine in an 
order approving an application, whether or not the applicant has agreed 
to their inclusion. The following conditions, or variations thereof, 
are standard conditions:
    (i) That the applicant has obtained all necessary and final 
approvals from the appropriate state authority or other applicable 
authority;
    (ii) That if the transaction does not take effect within a 
specified time limit, or unless, in the meantime, a request for an 
extension of time has been approved, the consent granted shall expire 
at the end of the said time period;
    (iii) That until the conditional commitment of the FDIC becomes 
effective, the FDIC retains the right to alter, suspend or withdraw its 
commitment should any interim development be deemed to warrant such 
action; and
    (iv) In the case of a merger transaction (as defined in 
Sec. 303.7(b)(1)), including a phantom merger or reorganization, that 
the proposed transaction not be consummated before the thirtieth 
calendar day after the date of the order approving the merger.
    (c) Powers. (1) Authority delegated to Director (DOS) and Director 
(DCA). For purposes of this part, any authority delegated to the 
Director (DOS) or the Director (DCA) may also be exercised by the 
Executive Director, Divisions of Compliance, Resolutions and 
Supervision, or in the event the title of Executive Director, Divisions 
of Compliance, Resolutions and Supervision becomes obsolete, any 
official of equivalent authority.
    (2) Authority delegated to regional manager. For purposes of this 
part, and where confirmed in writing, any authority delegated to the 
regional manager may also be exercised by his or her principal 
assistant.
    (d) Construction. Any singular term includes the plural, and the 
plural includes the singular, if such use would be appropriate. Any use 
of the masculine, feminine, or neuter gender shall encompass all three, 
if such use would be appropriate.


Sec. 303.4  [Amended]

    3. Section 303.4(b)(1) is amended by removing the words ``of the 
Division of Supervision'' after the word ``Director'' in the last 
sentence and adding in lieu thereof the word ``(DOS)''.


Sec. 303.5  [Amended]

    4. Section 303.5(e) introductory text is amended by removing the 
words ``Division of Supervision'' before the words ``regional 
director'' and adding in lieu thereof the word ``DOS''.
    5. In Sec. 303.6, paragraph (b) is revised; by removing the word 
``and'' at the end of paragraph (e)(1)(i), removing the period at the 
end of paragraph (e)(1)(ii) and adding ``; and'' in its place, 
designating the concluding text of paragraph (e)(1) as paragraph 
(e)(1)(iii) and revising it, and revising paragraph (e)(2); amending 
paragraph (i)(3) by adding the word ``(DOS)'' after the word 
``Director''; and amending footnote 7 in paragraph (k)(2) by adding the 
word ``(DOS)'' after the word ``Director'', to read as follows:


Sec. 303.6  Application procedures.

* * * * *
    (b) Investigations and examinations. With respect to all 
applications, requests, or submittals, the Board of Directors, or the 
Director (DOS) or the Director (DCA), or their associate directors, or 
the appropriate regional director, or the appropriate deputy regional 
director, or the appropriate regional manager acting under delegated 
authority may require any investigation or examination, or both, to be 
performed as deemed appropriate. Upon receipt of the report of any 
investigation or examination and any recommendations based on the 
report, the Board of Directors, or either director, or their associate 
directors, or the regional director, or the deputy regional director, 
or the regional manager acting within the scope of delegated authority 
will take any action determined necessary or appropriate under the 
circumstances.
* * * * *
    (e) * * *
    (1) * * *
    (iii) A petition or request relating to a safety and soundness 
matter should be filed with the appropriate regional director. A 
petition or request relating to compliance with consumer protection, 
fair lending, community reinvestment or civil rights laws should be 
filed with the appropriate regional manager. If a particular insured 
depository institution or insured branch of a foreign bank was not the 
subject of the application, petition, or request on which 
reconsideration is sought, the petition should be filed with the 
Executive Secretary of the FDIC at the FDIC's Washington, DC office.
    (2) (i) The Director (DOS) or the Director (DCA) or, where 
confirmed in writing by the appropriate Director, an associate 
director, or the appropriate regional director or deputy regional 
director, or the appropriate regional manager, or, in the case of a 
petition for reconsideration filed with the Executive Secretary, the 
General Counsel or his or her designee, shall determine whether the 
petition for reconsideration satisfies paragraphs (e)(1)(i) and (ii) of 
this section and shall promptly notify the petitioner of such 
determination.
    (ii) If, pursuant to paragraph (e)(2)(i) of this section, a 
petition for reconsideration is determined not to satisfy paragraphs 
(e)(1)(i) and (ii) of this section, an applicant may appeal such 
decision to the appropriate Director, and where confirmed in writing by 
that Director, to an associate director, or, in the case of a petition 
for reconsideration filed with the Executive Secretary, to the 
Chairperson of the FDIC or his or her designee. An applicant may not 
submit additional information or evidence with the appeal and the 
determination by the appropriate Director or associate director, or the 
Chairperson of the FDIC or his or her designee whether the petition 
satisfies paragraphs (e)(1)(i) and (ii) of this section is final, and 
not appealable to the Board of Directors.
    (iii) If a petition for reconsideration is determined to satisfy 
paragraphs (e)(1)(i) and (ii) of this section, then the previously 
denied application, petition, or request will be reconsidered:
    (A) By the Board of Directors if originally denied by the Board of 
Directors; or
    (B) By the appropriate director, or where confirmed in writing by 
the director, by an associate director, if originally denied by the 
director, associate director, regional director, deputy regional 
director, or regional manager.
    (iv) Decisions by either director or their associate directors on 
petitions for reconsideration are final and not appealable to the Board 
of Directors.
* * * * *


Sec. 303.7  [Amended]

    6. Section 303.7 is amended by:
    a. Amending the section heading by removing the words ``of the 
Division of Supervision'' after the word ``Director'' and adding in 
lieu thereof the word ``(DOS)'';
    b. Adding the word ``(DOS)'' after the word ``Director'' the first 
time it appears in the following places:
    (1) 303.7(a)(1)(i), (a)(1)(ii), (a)(2)(i) and (a)(2)(ii)
    (2) 303.7(b)(1), (b)(2) and (b)(9)
    (3) 303.7(c)(1) and (c)(3)
    (4) 303.7(d)(1)(i), (d)(2)(i) and (d)(3)
    (5) 303.7(e)(1) and (e)(2)(i)
    (6) 303.7(f)(1), (f)(2), (f)(3)(i), (f)(3)(ii), (f)(3)(iii), 
(f)(4)(i) and (f)(5)
    c. Removing the word ``Director'' and inserting in lieu thereof the 
word ``director'' the second time it appears in the following places:
    (1) 303.7(a)(1)(i), (a)(1)(ii), (a)(2)(i) and (a)(2)(ii)
    (2) 303.7(b)(1), (b)(2) and (b)(9)
    (3) 303.7(c)(1) and (c)(3)
    (4) 303.7(d)(1)(i), (d)(2)(i) and (d)(3)
    (5) 303.7(e)(1) and (e)(2)(i)
    (6) 303.7(f)(1), (f)(3)(i), (f)(3)(ii), (f)(3)(iii), (f)(4)(i) and 
(f)(5)
    d. Removing the citation ``303.0(b)(26)'' and adding in lieu 
thereof the citation ``303.0(b)(31)'' in the following places:
    (1) 303.7(a)(1)(i), (a)(2)(i) and (a)(2)(ii)(B)
    (2) 303.7(b)(8)
    (3) 303.7(d)(4)(xii)
    (4) 303.7(f)(6)
    e. Removing the citation ``303.0(b)(25)'' and adding in lieu 
thereof the citation ``303.0(b)(30)'' in the following places:
    (1) 303.7(a)(1)(iii)(D)
    (2) 303.7(b)(5)
    (3) 303.7(d)(1)(iii)(A)


Sec. 303.8  [Amended]

    7. Section 303.8 is amended by:
    a. Adding the word ``(DOS)'' after the word ``Director'' the first 
time it appears in the following places:
    (1) 303.8(a)(1)
    (2) 303.8(b)(1)
    (3) 303.8(c)
    (4) 303.8(e)
    (5) 303.8(f)(1)
    (6) 303.8(g)(1) and (g)(2)
    (7) 303.8(h)
    (8) 303.8(i)(1) and (i)(2)
    b. Removing the word ``Director'' and adding in lieu thereof the 
word ``director'' the second time it appears in the following places:
    (1) 303.8(a)(1)
    (2) 303.8(b)(1)
    (3) 303.8(c)
    (4) 303.8(e)
    (5) 303.8(f)(1)
    (6) 303.8(g)(1)
    (7) 303.8(h)
    (8) 303.8(i)(1) and (i)(2)
    8. Section 303.9 is revised to read as follows:


Sec. 303.9  Delegation of authority to act on certain enforcement 
matters.

    (a) Actions pursuant to section 8(a) of the Act (12 U.S.C. 
1818(a)). (1) Authority is delegated to the Director (DOS), and where 
confirmed in writing by the director, to an associate director, or to 
the appropriate regional director or deputy regional director, to issue 
notifications to primary regulator when the respondent bank's book 
capital is less than 2% of total assets; Provided however, That 
authority may not be delegated to the regional director or deputy 
regional director whenever the respondent bank has issued any mandatory 
convertible debt or any form of Tier 2 capital (such as limited life 
preferred stock/subordinated notes and debentures).
    (2) Authority is delegated to the Director (DOS), and where 
confirmed in writing by the director, to an associate director, to 
issue notifications to primary regulator when the respondent bank's 
adjusted Tier 1 capital is less than 2% of adjusted part 325 total 
assets.
    (3) The authority delegated under paragraphs (a)(1) and (2) of this 
section shall be exercised only upon concurrent certification by the 
Associate General Counsel for Compliance and Enforcement, or, in cases 
where a regional director or deputy regional director issues 
notifications to primary regulator, by the appropriate regional 
counsel, that the allegations contained in the findings of unsafe or 
unsound practices or conditions, if proven, constitute a basis for the 
issuance of a notification to primary regulator pursuant to section 
8(a) of the Act (12 U.S.C. 1818(a)).
    (b) Actions pursuant to section 8(b) of the Act (12 U.S.C. 
1818(b)). (1) Authority is delegated to the Director (DOS), to the 
Director (DCA), and where confirmed in writing by either director, to 
an associate director, or to the appropriate regional director, deputy 
regional director or regional manager to issue:
    (i) Notices of charges; and
    (ii) Cease-and-desist orders (with or without a prior notice of 
charges) where the respondent bank or individual respondent consents to 
the issuance of the cease-and-desist order prior to the filing by an 
administrative law judge of proposed findings of fact, conclusions of 
law and recommended decision with the Executive Secretary of the FDIC.
    (2) The Director (DOS) and the Director (DCA) may issue a joint 
notice of charges or cease-and-desist order under paragraph (b)(1) of 
this section, where such notice or order addresses both safety and 
soundness and consumer compliance matters. A joint notice or order will 
require the signatures of both directors or, alternatively, the 
signatures of the appropriate regional director or deputy regional 
director and regional manager.
    (3) The authority delegated under paragraphs (b)(1) and (2) of this 
section shall be exercised only upon concurrent certification by the 
Associate General Counsel for Compliance and Enforcement or, in cases 
where a regional director, deputy regional director or regional manager 
issues the notice of charges or the stipulated cease-and-desist order, 
by the appropriate regional counsel, that the allegations contained in 
the notice of charges, if proven, constitute a basis for the issuance 
of a section 8(b) order, or that the stipulated cease-and-desist order 
is authorized under section 8(b) of the Act, and, upon its effective 
date, shall be a cease-and-desist order which has become final for 
purposes of enforcement pursuant to the Act.
    (c) Actions pursuant to section 8(c) of the Act (12 U.S.C. 
1818(c)). (1) Authority is delegated to the Director (DOS), to the 
Director (DCA), and where confirmed in writing by either director, to 
an associate director, to issue temporary cease-and-desist orders.
    (2) The Director (DOS) and the Director (DCA) may issue a joint 
temporary cease-and-desist order where such order addresses both safety 
and soundness and consumer compliance matters. A joint notice or order 
will require the signatures of both directors or, alternatively, the 
signatures of the appropriate regional director or deputy regional 
director and regional manager.
    (3) The authority delegated under paragraphs (c)(1) and (2) of this 
section shall be exercised only upon concurrent certification by the 
Associate General Counsel for Compliance and Enforcement that the 
action is not inconsistent with section 8(c) of the Act (12 U.S.C. 
1818(c)) and the temporary cease-and-desist order is enforceable in a 
United States District Court.
    (d) Actions pursuant to section 8(e) of the Act (12 U.S.C. 
1818(e)). (1) Authority is delegated to the Director (DOS) or the 
Director (DCA), and where confirmed in writing by the director, to an 
associate director, to issue:
    (i) Notices of intention to remove an institution-affiliated party 
from office or to prohibit an institution-affiliated party from further 
participation in the conduct of the affairs of an insured depository 
institution pursuant to sections 8(e)(1) and (2) of the Act (12 U.S.C. 
1818(e)(1) and (2)), and temporary orders of suspension pursuant to 
section 8(e)(3) of the Act (12 U.S.C. 1818(e)(3)); and
    (ii) Orders of removal, suspension or prohibition from 
participation in the conduct of the affairs of an insured depository 
institution where the institution-affiliated party consents to the 
issuance of such orders prior to the filing by an administrative law 
judge of proposed findings of fact, conclusions of law and a 
recommended decision with the Executive Secretary of the FDIC.
    (2) The Director (DOS) and the Director (DCA) may issue joint 
notices and orders pursuant to paragraph (d)(1) of this section where 
such notice or order addresses both safety and soundness and consumer 
compliance matters. A joint notice or order will require the signatures 
of both directors or their associate directors.
    (3) The authority delegated under paragraphs (d)(1) and (2) of this 
section shall be exercised only upon concurrent certification by the 
Associate General Counsel for Compliance and Enforcement that the 
allegations contained in the notice of intent, if proven, constitute a 
basis for the issuance of a notice of intent pursuant to section 8(e) 
of the Act, or that the stipulated section 8(e) order is not 
inconsistent with section 8(e) of the Act, and, upon issuance, shall be 
an order which has become final for purposes of enforcement pursuant to 
the Act.
    (e) Actions pursuant to section 8(g) of the Act (12 U.S.C. 
1818(g)). (1) Authority is delegated to the Director (DOS), to the 
Director (DCA), and where confirmed in writing by either director, to 
an associate director, to issue orders of suspension or prohibition to 
an institution-affiliated party who is charged in any information, 
indictment, or complaint as set forth in section 8(g) of the Act when 
such institution-affiliated party consents to the suspension or 
prohibition.
    (2) The Director (DOS) and the Director (DCA) may issue joint 
orders pursuant to paragraph (e)(1) of this section where such order 
addresses both safety and soundness and consumer compliance matters. A 
joint order will require the signatures of both directors or their 
associate directors.
    (3) The authority delegated under paragraphs (e)(1) and (2) of this 
section shall be exercised only upon concurrent certification by the 
Associate General Counsel for Compliance and Enforcement that the 
action taken is not inconsistent with section 8(g) of the Act (12 
U.S.C. 1818(g)) and the order is enforceable in a United States 
District Court pursuant to sections 8(i) and 8(j) of the Act (12 U.S.C. 
1818 (i) and (j)).
    (f) Actions pursuant to section 8(p) of the Act (12 U.S.C. 
1818(p)). (1) Authority is delegated to the Executive Secretary to 
issue consent orders terminating the insured status of insured 
depository institutions that have ceased to engage in the business of 
receiving deposits other than trust funds pursuant to section 8(p) of 
the Act (12 U.S.C. 1818(p)).
    (2) The authority delegated under paragraph (f)(1) of this section 
shall be exercised only upon the recommendation and concurrence of the 
Director (DOS) or associate director and the Associate General Counsel 
for Compliance and Enforcement that the action taken is not 
inconsistent with section 8(p) of the Act.
    (g) Civil money penalties. (1)(i) Except as provided for in 
paragraph (g)(3) of this section, authority is delegated to the 
Director (DOS), to the Director (DCA), and where confirmed in writing 
by either director, to an associate director, to issue notices of 
assessment of civil money penalties.
    (ii) The authority delegated under paragraph (g)(1)((i) of this 
section shall be exercised only upon concurrent certification by the 
Associate General Counsel for Compliance and Enforcement that the 
allegations contained in the notice of assessment, if proven, 
constitute a basis for assessment of civil money penalties.
    (2) The Director (DOS) and the Director (DCA) may issue joint 
notices pursuant to paragraph (g)(1) of this section where such notice 
addresses both safety and soundness and consumer compliance matters. A 
joint notice will require the signatures of both directors or their 
associate directors.
    (3) Authority is delegated to the General Counsel or designee for 
the levying and enforcement of civil money penalties under section 
7(a)(1) of the Act (12 U.S.C. 1817(a)(1)) for the late, inaccurate, 
false or misleading filing of Reports of Condition and Report of 
Income, and such other reports as the Board of Directors may require 
under the authority of that section. In the exercise of the delegated 
authority, the General Counsel or designee shall consult with the 
appropriate Director or associate director before imposing any penalty.
    (h) Directives and capital plans under section 38 of the Act 
(prompt corrective action) and part 325 of this chapter. (1) Authority 
is delegated to the Director (DOS), and where confirmed in writing by 
the director, to an associate director, or to the appropriate regional 
director or deputy regional director, to accept, to reject, to require 
new or revised capital restoration plans or to make any other 
determinations with respect to the implementation of capital 
restoration plans and, in accordance with subpart Q of part 308 of this 
chapter, to issue:
    (i) Notices of intent to issue capital directives;
    (ii) Directives to insured state nonmember banks that fail to 
maintain capital in accordance with the requirements contained in part 
325 of this chapter;
    (iii) Notices of intent to issue prompt corrective action 
directives, except directives issued pursuant to section 
38(f)(2)(F)(ii) of the Act (12 U.S.C. 1831o(f)(2)(F)(ii));
    (iv) Directives to insured depository institutions pursuant to 
section 38 of the Act (12 U.S.C. 1831o), with or without the consent of 
the respondent bank to the issuance of the directive, except directives 
issued pursuant to section 38(f)(2)(F)(ii) of the Act (12 U.S.C. 
1831o(f)(2)(F)(ii));
    (v) Directives to insured depository institutions requiring 
immediate action or imposing proscriptions pursuant to section 38 of 
the Act (12 U.S.C. 1831o) and part 325 of this chapter, and in 
accordance with the requirements contained in Sec. 308.201(a)(2) of 
this chapter;
    (vi) Notices of intent to reclassify insured banks pursuant to 
Secs. 325.103(d) and 308.202 of this chapter;
    (vii) Directives to reclassify insured banks pursuant to 
Secs. 325.103(d) and 308.202 of this chapter with the consent of the 
respondent bank to the issuance of the directive; and
    (viii) Orders on request for informal hearings to reconsider 
reclassifications and designate the presiding officer at the hearing 
pursuant to Sec. 308.202 of this chapter.
    (2) Authority is delegated to the Director (DOS), and where 
confirmed in writing by the director, to an Associate Director, to:
    (i) Issue notices of intent to issue a prompt corrective action 
directive ordering the dismissal from office of a director or senior 
executive officer pursuant to section 38(f)(2)(F)(ii) of the Act, (12 
U.S.C. 1831o(f)(2)(F)(ii)), and in accordance with the requirements 
contained in Sec. 308.203 of this chapter;
    (ii) Issue directives ordering the dismissal from office of a 
director or senior executive officer pursuant to section 
38(f)(2)(F)(ii) of the Act, (12 U.S.C. 1831o(f)(2)(F)(ii));
    (iii) Issue orders of dismissal from office of a director or senior 
executive officer pursuant to section 38(f)(2)(F)(ii) of the Act, 12 
U.S.C. 1831o(f)(2)(F)(ii) where the individual consents to the issuance 
of such order prior to the filing of a recommendation by the presiding 
officer with the FDIC;
    (iv) Act on recommended decisions of presiding officers pursuant to 
a request for reconsideration of a reclassification in accordance with 
the requirements contained in Sec. 308.202 of this chapter;
    (v) Act on requests for rescission of a reclassification; and
    (vi) Act on appeals from immediately effective directives issued 
pursuant to section 38 of the Act, (12 U.S.C. 1831o) and Sec. 308.201 
of this chapter.
    (3) Authority is delegated to the Executive Secretary of the FDIC 
to issue orders for informal hearings and designate presiding officers 
on directives issued pursuant to section 38(f)(2)(F)(ii) of the Act, 12 
U.S.C. 1831o(f)(2)(F)(ii).
    (4) The authority delegated under paragraphs (h)(1)(i) and (ii) of 
this section shall be exercised only upon the concurrent certification 
by the Associate General Counsel for Compliance and Enforcement, or in 
cases where a regional director or deputy regional director issues the 
notice of intent to issue a capital directive or capital directives, by 
the appropriate regional counsel, that the action taken is not 
inconsistent with the Act and part 325 of this chapter.
    (5) The authority delegated under paragraphs (h)(1) (iii), (iv), 
(v), (vi) and (vii) of this section shall be exercised only upon the 
concurrent certification by the Associate General Counsel for 
Compliance and Enforcement, or in cases where a regional director or 
deputy regional director issues the notice of intent to issue a prompt 
corrective action directive or prompt corrective action directives, or 
the notice of intent to reclassify or reclassification directive, by 
the appropriate regional counsel, that the allegations contained in the 
notice of intent, if proven, constitute a basis for the issuance of a 
final directive pursuant to section 38 of the Act, or that the issuance 
of a final directive is not inconsistent with section 38 of the Act.
    (6) The authority delegated under paragraph (h)(2) of this section 
shall be exercised only upon the concurrent certification by the 
Associate General Counsel for Compliance and Enforcement that the 
allegations contained in the notice of intent, if proven, constitute a 
basis for the issuance of a final directive pursuant to section 38 of 
the Act or that the issuance of a final directive is not inconsistent 
with section 38 of the Act or that the stipulated section 38 order is 
not inconsistent with section 38 and is an order which has become final 
for purposes of enforcement pursuant to the Act.
    (i) Investigations pursuant to section 10(c) of the Act (12 U.S.C. 
1820(c)). (1) Authority is delegated to the Director (DOS), to the 
Director (DCA), to the Director of the Division of Depositor and Asset 
Services, and where confirmed in writing by the director, to an 
associate director, or to the appropriate regional director, deputy 
regional director or regional manager, to issue an order of 
investigation pursuant to section 10(c) of the Act (12 U.S.C. 1820(c)) 
and subpart K of Part 308 (12 CFR 308.144 through 308.150).
    (2) Authority is delegated to the General Counsel, and where 
confirmed in writing by the General Counsel, to his designee, to issue 
an order of investigation pursuant to section 10(c) of the Act (12 
U.S.C. 1820(c)) and subpart K of Part 308 (12 CFR 308.144 through 
308.150).
    (3) In issuing an order of investigation that pertains to an open 
insured depository institution or an institution making application to 
become an insured depository institution, the authority delegated under 
paragraphs (i)(1) and (2) of this section shall be exercised only upon 
the concurrent execution of the order of investigation by the Director 
(DOS) or the Director (DCA), or their associate directors, or the 
appropriate regional director, deputy regional director or regional 
manager, and the General Counsel or designee. In the case of a joint 
order of investigation, such authority shall be exercised only upon the 
concurrent execution of the order of investigation by both directors, 
or their associate directors, or the appropriate regional director, 
deputy regional director and regional manager, and the General Counsel 
or designee.
    (j) Truth in Lending Act. (1) Authority is delegated to the 
Director (DCA), and where confirmed in writing by the director, to the 
associate director, or to the appropriate regional manager, to deny 
requests for relief from the requirements for reimbursement under 
section 608(a)(2) of the Truth in Lending Simplification and Reform Act 
(15 U.S.C. 1607(e)(2)); Provided however, that a regional manager is 
not authorized to deny any request where the estimated amount of 
reimbursement is greater than $25,000.
    (2) Authority is delegated to the Director (DCA), and where 
confirmed in writing by the director, to an associate director:
    (i) To grant request for relief from the requirements for 
reimbursement under section 608(a)(2) of the Truth in Lending 
Simplification and Reform Act (15 U.S.C. 1670(a)(2)); and
    (ii) To act on applications for reconsideration of any action taken 
under paragraphs (j) (1) and (2) of this section.
    (3) The authority delegated under paragraphs (j) (1) and (2) of 
this section shall be exercised only upon concurrent certification by 
the Associate General Counsel for Compliance and Enforcement, or, in 
cases where a regional manager denies requests for relief, by the 
appropriate regional counsel, that the action taken is not inconsistent 
with the Truth in Lending Simplification and Reform Act.
    (k) Unilateral settlement offers. (1) Authority is delegated to the 
Director (DOS), to the Director (DCA), and where confirmed in writing 
by either director, to an associate director, to accept, deny or enter 
into negotiations for unilateral settlement offers with insured 
depository institutions, or with an institution-affiliated party, 
pertaining to a proceeding under 12 CFR part 308. In cases where a 
proceeding under 12 CFR part 308 was issued jointly by DOS and DCA, 
both directors, or their associate directors, must agree to accept, 
deny or enter into negotiations for unilateral settlement offers with 
insured depository institutions or with an institution-affiliated 
party.
    (2) The authority delegated under paragraph (k)(1) of this section 
shall be exercised only upon concurrent certification by the Associate 
General Counsel for Compliance and Enforcement that the action taken is 
not inconsistent with the Act.
    (l) Acceptance of written agreements. (1) Authority is delegated to 
the Director (DOS), and where confirmed in writing by the director, to 
an associate director, to accept or enter into any written agreements 
with insured depository institutions, or any institution-affiliated 
party pertaining to any matter which may be addressed by the FDIC 
pursuant to section 8(a) of the Act (12 U.S.C. 1818(a)).
    (2) Authority is delegated to the Director (DOS), to the Director 
(DCA), and where confirmed in writing by either director, to an 
associate director, to accept or enter into any written agreements with 
insured depository institutions, or any institution-affiliated party 
pertaining to any safety and soundness or consumer compliance matter 
which may be addressed by the FDIC pursuant to section 8(b) of the Act 
(12 U.S.C. 1818(b)) or any other provision of the Act which addresses 
safety and soundness or consumer compliance matters. In cases which 
would address both safety and soundness and consumer compliance 
matters, the Directors, or their designees, may accept or enter into 
joint written agreements with insured depository institutions or 
institution-affiliated parties.
    (3) The authority delegated under paragraphs (l) (1) and (2) of 
this section shall be exercised only upon concurrent certification by 
the Associate General Counsel for Compliance and Enforcement that the 
action taken is not inconsistent with sections 8 (a) and (b) of the 
Act.
    (m) Modifications and terminations of enforcement actions. (1) 
Sections 8(a), 8(b) and 8(c) (12 U.S.C. 1818 (a), (b) and (c)) actions 
upon failure or merger of a depository institution. (i) Authority is 
delegated to the Director (DOS), and where confirmed in writing by the 
director, to an associate director, or to the appropriate regional 
director or deputy regional director, to terminate outstanding section 
8(a) orders and agreements and to terminate actions and agreements 
which are pending pursuant to section 8(a) of the Act when the 
depository institution is closed by a Federal or state authority or 
merges into another institution.
    (ii) Authority is delegated to the Director (DOS), to the Director 
(DCA), and where confirmed in writing by either director, to an 
associate director, or to the appropriate regional director, deputy 
regional director or regional manager, to terminate outstanding section 
8(b) and section 8(c) orders and agreements and to terminate actions 
and agreements which are pending pursuant to sections 8(b) and 8(c) of 
the Act when the depository institution is closed by a Federal or state 
authority or merges into another institution. In cases where a joint 
order was issued by DOS and DCA, both directors, or their associate 
directors, or the appropriate regional director or deputy regional 
director and regional manager, must agree prior to the termination of 
outstanding 8(b) and 8(c) orders.
    (2) Section 8(a) (12 U.S.C. 1818(a)) actions issued by the Board of 
Directors. (i) Authority is delegated to the Director (DOS), and where 
confirmed in writing by the director, to an associate director, or to 
the appropriate regional director or deputy regional director, to 
modify or terminate notifications to primary regulator issued by the 
Board of Directors pursuant to section 8(a) of the Act where the 
respondent depository institution is in material compliance with such 
notification or for good cause shown.
    (ii) In cases where the Board of Directors has issued a notice of 
intent to terminate insured status pursuant to section 8(a) of the Act, 
authority is delegated to the Director (DOS), and where confirmed in 
writing by the director, to an associate director, or to the 
appropriate regional director or deputy regional director, to terminate 
the actions pending pursuant to such notice of intent to terminate 
insured status where the respondent depository institution is in 
material compliance with the applicable notification to primary 
regulator or for good cause shown.
    (3) Section 8(b) (12 U.S.C. 1818(b)) orders issued by the Board of 
Directors. Authority is delegated to the Director (DOS) or the Director 
(DCA), and where confirmed in writing by the director, to an associate 
director, or to the appropriate regional director, deputy regional 
director or regional manager, to terminate outstanding section 8(b) 
orders issued by the Board of Directors where either material 
compliance with the section 8(b) order has been achieved by the 
respondent depository institution or individual respondent or for good 
cause shown. In cases where an order issued by the Board addresses both 
safety and soundness and consumer compliance matters, both directors, 
or their designees, must agree prior to the termination of outstanding 
8(b) orders.
    (4) Section 8(g) orders issued by the Board of Directors. Authority 
is delegated to the Director (DOS) or the Director (DCA), and where 
confirmed in writing by the director, to an associate director, to 
approve requests for modifications or terminations of section 8(g) 
orders issued by the Board of Directors.
    (5) Other matters not specifically addressed. For all other 
outstanding orders or pending actions not specifically addressed in 
paragraphs (m)(1), (m)(2), (m)(3) and (m)(4) of this section, the 
delegations of authority contained in paragraphs (a)(1), (a)(2), 
(b)(1), (c)(1), (d)(1), (e)(1), (g)(1), (g)(2), (h)(1), (h)(2), (l)(1), 
(l)(2), and (n) of this section shall be construed to include the 
authority to modify or terminate any outstanding notice, order, 
directive or agreement, as may be appropriate, issued pursuant to 
delegated authority and to terminate any pending action initiated 
pursuant to delegated authority.
    (6) Certification. Any modifications or terminations pursuant to 
paragraphs (m)(1), (m)(2), (m)(3), (m)(4), and (m)(5) of this section 
shall be exercised only upon concurrent certification by the Associate 
General Counsel for Compliance and Enforcement, or in cases where a 
regional director, deputy regional director or regional manager acts 
under delegated authority, by the appropriate regional counsel, that 
the action taken is not consistent with the Act.
    (n) Enforcement of outstanding orders. After consultation with the 
Director (DOS) or the Director (DCA), or an associate director, or the 
appropriate regional director, deputy regional director or regional 
manager, as may be appropriate, the General Counsel or designee is 
authorized to initiate and prosecute any action to enforce any 
effective and outstanding order or temporary order issued under 12 
U.S.C. 1817, 1818, 1820, 1828, 1829, 1831l, 1831o, 1972, or 3909, or 
any provision thereof, in the appropriate United States District Court.


Sec. 303.10  [Amended]

    9. Section 303.10 is amended by:
    a. In paragraph (a)(2), by removing the words ``the Director, or to 
an associate director or a regional director or deputy regional 
director'' and adding in lieu thereof the words ``a Director, or to an 
associate director, or to a regional director, deputy regional director 
or regional manager'';
    b. In paragraph (b)(2)(i), by removing the citation 
``303.0(b)(26)'' and adding in lieu thereof the citation 
``303.0(b)(31)''; and
    c. In paragraph (c)(1)(i), by removing the words ``Orders of 
correction'' and adding in lieu thereof the words ``Notifications to 
primary regulator''.
    10. Section 303.11(b) is revised to read as follows:


Sec. 303.11  Confirmation, limitations, rescissions and special cases.

* * * * *
    (b) Action under delegated authority not mandated. (1) The Director 
(DOS) or the Director (DCA) may, in writing, rescind the authority of 
an associate director, regional director, deputy regional director or 
regional manager to act on an application, request, notice of 
acquisition of control or enforcement matter, and may himself act on 
the same.
    (2) (i) An associate director, regional director, deputy regional 
director or regional manager may, in writing, recommend that the 
authority to act on an application, request, notice of acquisition of 
control or enforcement matter not be exercised by him; in such cases, 
the authority to act on such application, request, notice of 
acquisition of control or enforcement matter may be exercised by the 
Director (DOS) or the Director (DCA). The Director may, in writing, 
recommend that the authority to act on an application, request, notice 
of acquisition of control or enforcement matter may not be exercised by 
him; in such cases the Board of Directors will act on the application, 
request, notice of acquisition of control or enforcement matter.
    (ii) A regional counsel may, in writing, recommend that the 
authority to act on an application made by insured depository 
institutions pursuant to section 19 of the Act (12 U.S.C. 1829) or an 
enforcement matter not be exercised by him; in such cases the authority 
to act in such enforcement matters may be exercised by the Associate 
General Counsel for Compliance and Enforcement. The Associate General 
Counsel for Compliance and Enforcement may, in writing, recommend that 
the authority to act on an application pursuant to section 19 of the 
Act or enforcement matter not be exercised by him; in such cases, the 
Board of Directors will act on the application or enforcement matter.
    (iii) Upon determining not to act upon the application, request, 
notice of acquisition of control or enforcement matter under delegated 
authority, the regional manager, deputy regional director, regional 
director, associate director, or the Director (DOS) or the Director 
(DCA), and/or the regional counsel, or the Associate General Counsel 
for Compliance and Enforcement, as the case may be, shall forward the 
application, request, notice of acquisition of control or enforcement 
matter, together with his recommendations as to the disposition of such 
application, request, notice of acquisition of control or enforcement 
matter to the appropriate authority as determined by the rules set 
forth in paragraphs (b)(2) (i) and/or (ii) of this section.
* * * * *
    11. Section 303.13 is amended by:
    a. Removing the words ``for the Division of Supervision'' after the 
words ``regional director'' and adding the word ``DOS'' before the 
words ``regional director'' in the following places:
    (1) 303.13(b)(1)
    (2) 303.13 (c)(1)(i) and (c)(2)
    (3) 303.13 (d)(1) and (d)(2)(i)
    (4) 303.13(e)
    (5) 303.13 (f)(1), (f)(3) and (f)(4)
    (6) 303.13(g)
    b. Revising paragraph (h) to read as follows:


Sec. 303.13  Applications and notices by savings associations.

* * * * *
    (h) Delegations. The authority to act on applications and notices 
filed pursuant to Sec. 303.13, and to make any and all determinations 
called for in regard to the same, is delegated to the Director (DOS), 
and where confirmed in writing by the director, to an associate 
director, or to the regional director or deputy regional director.
    12. Section 303.14 is amended:
    a. In paragraph (a)(4)(iv), by removing the words ``(Division of 
Supervision)'' after the words ``regional director'' and adding the 
word ``DOS'' before the words ``regional director''; and
    b. By revising paragraph (e) to read as follows:


Sec. 303.14  Change in senior executive officer or board of directors.

* * * * *
    (e) Delegations. The authority to issue notices of disapproval or 
notices of intent not to disapprove under this section; to grant 
waivers of the prior notice requirement; to determine the informational 
adequacy of a notice; to designate an insured nonmember bank as a 
troubled institution; and to determine when the 30-day period begins to 
run is delegated to the Director (DOS), and where confirmed in writing 
by the director, to an associate director, or to the regional director 
or deputy regional director.

PART 338--FAIR HOUSING

    1. The authority citation for part 338 continues to read as 
follows:

    Authority: 12 U.S.C. 1817, 1818, 1819, 1820(b); 12 U.S.C. 2801 
et seq.; 15 U.S.C. 1691 et seq.; 42 U.S.C. 3605, 3608; 12 CFR part 
202; 12 CFR part 203; 24 CFR part 110.

    2. The Equal Housing Lender Poster in Sec. 338.4(b) is revised to 
read as follows:

BILLING CODE 6714-01-P

TR19OC94.000


BILLING CODE 6714-01-C
* * * * *
    By Order of the Board of Directors.

    Dated at Washington, D.C. this 27th day of September, 1994.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Acting Executive Secretary.
[FR Doc. 94-25606 Filed 10-18-94; 8:45 am]
BILLING CODE 6714-01-P