[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Proposed Rules]
[Pages 22056-22063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08260]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Parts 308 and 390

RIN 3064-AE08


Regulations Transferred From Office of Thrift Savings and Rules 
of Practice and Procedure

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Deposit Insurance Corporation (``FDIC'') proposes 
to rescind and remove regulations transferred from the Office of Thrift 
Savings (``OTS''), and amend its rules of practice and procedure in 
ways that will ensure that all insured depository institutions, for 
which the FDIC is the appropriate Federal banking agency (``FBA''), are 
subject to the same substantive and procedural rules governing 
administrative hearings.

DATES: Comments must be received on or before June 20, 2014.

ADDRESSES: You may submit comments by any of the following methods:
     FDIC Web site: http://www.fdic.gov/regulations/laws/federal/propose.html. Follow instructions for submitting comments on 
the agency Web site.
     FDIC Email: [email protected]. Include RIN 3064-AE08 on 
the subject line of the message.
     FDIC Mail: Robert E. Feldman, Executive Secretary, 
Attention: Comments, Federal Deposit Insurance Corporation, 550 17th 
Street NW., Washington, DC 20429.
     Hand Delivery to FDIC: Comments may be hand-delivered to 
the guard station at the rear of the 550 17th Street building (located 
on F Street) on business days between 7 a.m. and 5 p.m.
    Please include your name, affiliation, address, email address, and 
telephone number(s) in your comment. Where appropriate, comments should 
include a short Executive Summary consisting of no more than five 
single-spaced pages. All statements received, including attachments and 
other supporting materials, are part of the public record and are 
subject to public disclosure. You should submit only information that 
you wish to make publicly available.

    Please note:  All comments received will be posted generally 
without change to http://www.fdic.gov/regulations/laws/federal/propose.html, including any personal information provided. Paper 
copies of public comments may be requested from the Public 
Information Center by telephone at 1-877-275-3342 or 1-703-562-2200.


FOR FURTHER INFORMATION CONTACT: Scott Patterson, Senior Review 
Examiner, Division of Risk Management Supervision, (202) 898-6953, 
Andrea Winkler, Supervisory Counsel, Legal Division, (202) 898-3727; 
Heather Walters, Counsel, Legal Division, (202) 898-6729.

SUPPLEMENTARY INFORMATION: In this notice of proposed rulemaking, the 
Federal Deposit Insurance Corporation (``FDIC'') proposes to rescind 
and remove from the Code of Federal Regulations 12 CFR part 390, 
subparts B, C, D, and E as redundant of existing uniform rules of 
practice and procedure applicable to administrative hearings. These 
subparts were included in the regulations that were transferred to the 
FDIC from the Office of Thrift Savings (OTS) on July 21, 2011, in 
connection with the implementation of applicable provisions of Title 
III of the Dodd-Frank Wall Street Reform and Consumer Protection Act 
(``Dodd-Frank Act''). With few exceptions addressed below, the 
requirements for State savings associations in Part 390, subparts B 
through E are substantively similar to those in FDIC's 12 CFR part 308, 
subparts A, B, C, K, and N. The FDIC further proposes to amend 12 CFR 
part 308, subparts A, B, C, K, and N, to modify the scope of the rules 
to include State savings associations and to conform to and reflect the 
scope of the FDIC's current supervisory responsibilities as the 
appropriate Federal banking agency for those institutions. 
Additionally, the FDIC proposes to modify these regulations in minor 
ways that will ensure that all insured depository institutions, for 
which the FDIC is the appropriate Federal banking agency (``FBA''), are 
subject to the same substantive and procedural rules governing 
administrative hearings.

I. Part 308 Amendments

A. Background

    The Dodd-Frank Act provided for a substantial reorganization of the 
regulation of State and Federal savings associations and their holding 
companies. Beginning July 21, 2011, the transfer date established by 
Section 311 of the Dodd-Frank Act, codified at 12 U.S.C. 5411, the 
powers, duties, and functions formerly performed by the OTS were 
divided among the FDIC, as to State savings associations, the Office of 
the Comptroller of the Currency (``OCC''), as to Federal savings 
associations, and the Board of Governors of the Federal Reserve System 
(``FRB''), as to savings and loan holding companies. Section 316(b) of 
the Dodd-Frank Act, codified at 12 U.S.C. 5414(b), provides the manner 
of treatment for all orders, resolutions, determinations, regulations, 
and advisory materials that had been issued, made, prescribed, or 
allowed to become effective by the OTS. The section provides that if 
such materials were in effect on the day before the transfer date, they 
continue to be in effect and are enforceable by or against the 
appropriate successor agency until they are modified, terminated, set 
aside, or superseded in accordance with applicable law by such 
successor agency, by any court of competent jurisdiction, or by 
operation of law.
    Section 316(c) of the Dodd-Frank Act, codified at 12 U.S.C. 
5414(c), further directed the FDIC and the OCC to consult with one 
another and to publish a list of the continued OTS regulations that 
would be enforced by the FDIC and the OCC, respectively. On June 14, 
2011, the FDIC's Board of Directors approved a ``List of OTS 
Regulations to be Enforced by the OCC and the FDIC Pursuant to the 
Dodd-Frank Wall Street Reform and Consumer Protection Act.'' This list 
was published by the FDIC and the OCC as a Joint Notice in the Federal 
Register on July 6, 2011.\1\
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    \1\ 76 FR 39247 (July 6, 2011).
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    Although Section 312(b)(2)(B)(i)(II) of the Dodd-Frank Act, 
codified at 12 U.S.C. 5412(b)(2)(B)(i)(II), granted the OCC rulemaking 
authority relating to both State and Federal savings associations, 
nothing in the Dodd-Frank Act affected the FDIC's existing authority to 
issue regulations under the FDI Act and other laws as the ``appropriate 
Federal banking agency'' or under similar statutory terminology. 
Section 312(c) of the Dodd-Frank Act amended the definition of 
``appropriate Federal banking agency'' contained in Section 3(q) of the 
FDI Act, 12 U.S.C.

[[Page 22057]]

1813(q), to add State savings associations to the list of entities for 
which the FDIC is designated as the ``appropriate Federal banking 
agency.'' As a result, when the FDIC acts as the designated 
``appropriate Federal banking agency'' (or under similar terminology) 
for State savings associations, as it does here, the FDIC is authorized 
to issue, modify and rescind regulations involving such associations, 
as well as for State nonmember banks and insured branches of foreign 
banks.
    As noted, on June 14, 2011, pursuant to this authority, the FDIC's 
Board of Directors reissued and redesignated certain transferring 
regulations of the former OTS. These transferred OTS regulations were 
published as new FDIC regulations in the Federal Register on August 5, 
2011.\2\ When it republished the transferred OTS regulations as new 
FDIC regulations, the FDIC specifically noted that its staff would 
evaluate the transferred OTS regulations and might later recommend 
incorporating the transferred OTS regulations into other FDIC 
regulations, amending them, or rescinding them, as appropriate.
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    \2\ 76 FR 47652 (Aug. 5, 2011).
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B. Summary of the Amendments

    Section 916 of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (``FIRREA'') required the FDIC, the FRB, the 
OCC, the OTS, and the National Credit Union Association (``NCUA'') to 
adopt joint uniform rules of practice and procedures and ``local 
rules'' that govern administrative hearings. Since August 1991, the 
FDIC has been operating under uniform rules set forth at 12 CFR part 
308, subpart A, 12 CFR 308.1-308.41, as well as its own set of ``local 
rules'' set forth at 12 CFR part 308, subpart B, 12 CFR 308.101- 
308.107. The FDIC proposes to amend part 308, subparts A, B, C, K, and 
N to make several technical and conforming changes to expand the scope 
of the rules and procedures to include enforcement actions brought 
against State savings associations under additional statutory authority 
transferred from the OTS.
FDIC's Existing 12 CFR Part 308, Subpart A--Uniform Rules of Practice 
and Procedure
    Part 308, subpart A contains the uniform rules of procedure agreed 
to and followed by all of the Federal banking agencies. The FDIC 
presented these proposed changes to the OCC, the FRB, and the NCUA and 
none of the agencies objected to the proposed revisions to subpart A.
    Section 308.1: As presently written, section 308.1 sets the broad 
parameters of what types of enforcement actions are covered by the 
Uniform Rules. We propose minor conforming amendments to provide the 
FDIC with the authority to seek civil money penalties against State 
savings associations for violations of various laws such as the Federal 
Reserve Board Act, 12 U.S.C. 1468, and certain sections of the Home 
Owners' Loan Act, 12 U.S.C. 1464 (``HOLA'').
    Section 308.3: As presently written, section 308.3 defines the 
terms used in the Uniform Rules. The proposed amendments include a new 
definition of ``Investigation'' to provide the FDIC with authority to 
investigate State savings associations under HOLA that was previously 
under OTS authority. Certain amendments will also clarify and update 
terms such as ``Designee'', remove references to the OTS, and also 
correct a few technical errors in statutory and regulatory citation.
    Section 308.25: As presently written, section 308.25 addresses 
document discovery in enforcement actions covered by the Administrative 
Procedure Act. We propose to correct a technical citation error.
Former OTS's 12 CFR Part 509, Subparts A and B (Transferred to FDIC's 
Part 390, Subpart C)
    The OTS's rules of practice and procedure for adjudicatory 
proceedings, formerly found at 12 CFR part 509, subparts A and B, were 
transferred to the FDIC and relocated with nominal changes to 12 CFR 
part 390, subpart C. Subpart C contains both the OTS's uniform rules 
and local rules. After careful review and comparison of the OTS rules 
that were transferred to 12 CFR part 390, subpart C to the FDIC's 
uniform and local rules, this proposed revision rescinds part 390, 
subpart C, because it essentially duplicates the uniform rules. To the 
extent that the OTS local rules contained in subpart C differed from 
the FDIC's local rules, those changes are discussed below in part 308, 
subpart B.
    Moreover, it is important that all insured depository institutions 
for which the FDIC is the appropriate Federal banking agency are 
subject to the same substantive and procedural rules governing 
administrative hearings. Rescinding part 390, subpart C will streamline 
the FDIC's rules and eliminate unnecessary regulations. Therefore, this 
proposed revision recinds 12 CFR part 390, subpart C it its entirety.
FDIC's Existing 12 CFR Part 308, Subpart B--General Rules of Procedure
    Section 308.101: As presently written, section 308.101(a) sets the 
scope of the Local Rules and makes clear that the rules contained in 
subpart A, ``Uniform Rules,'' and subpart B ``Local Rules'' do not 
apply to subparts D through P of part 308 unless specifically provided. 
We propose to correct a technical citation error. We also propose a new 
subsection 308.101(d) to provide the FDIC with the authority to seek 
civil money penalties against State savings associations for violations 
of the Exchange Act, 15 U.S.C. 78o(c).
    Section 308.107: As presently written, section 308.107 restricts 
discovery in administrative enforcement proceedings to document 
discovery only. We propose to correct an internal technical citation 
error.
Former OTS's 12 CFR Part 509, Subparts A and B (Transferred to FDIC's 
Part 390, Subpart C)
    The OTS's rules of practice and procedure for adjudicatory 
proceedings, formerly found at 12 CFR part 509, subparts A and B, were 
transferred to the FDIC and relocated with nominal changes to 12 CFR 
part 390, subpart C. Subpart C contains both the OTS's uniform rules 
and local rules. In contrast to the FDIC local rules, the OTS local 
rules permitted additional discovery procedures such as depositions and 
had formal provisions pertaining to certain post-hearing motions and 
extensions of time. FDIC staff found that additional discovery 
procedures permitted by the OTS local rules were not necessary or 
appropriate. The OTS local rules also contained two provisions that 
formalized post-hearing procedures. The FDIC generally follows these 
practices when needed, but relies on the informal broad discretion of 
the Board and/or the Administrative Law Judge to make the appropriate 
rulings. After careful review and comparison of transferred OTS local 
rules at 12 CF part 390, subpart C to the FDIC's local rules, this 
proposed revision rescinds part 390, subpart C in its entirety. 
Rescinding part 390, subpart C will streamline the FDIC's rules and 
eliminate unnecessary regulations.
FDIC's Existing 12 CFR Part 308, Subpart C--Rules of Practice Before 
the FDIC and Standards of Conduct
    Section 308.109: As presently written, section 308.109(b) sets 
forth the requirements for mandatory suspension and debarment. 
Subsection 308.109(b)(2) proposes adding language requiring attorneys 
who wish to appear

[[Page 22058]]

before the FDIC as legal counsel to disclose any professional 
disciplinary actions so that the Board can determine whether counsel is 
fit to represent individuals in an administrative proceeding.
Former OTS's 12 CFR Part 513 (Transferred to FDIC's Part 390, Subpart 
E)
    The OTS rules for practice before the FDIC, formerly found at 12 
CFR part 513, were transferred to the FDIC and relocated with nominal 
changes to 12 CFR part 390, subpart E. Subpart E is repetitive of the 
FDIC's rules of practice before the FDIC and standards of conduct found 
at 12 CFR part 308, subpart C, and certain of the FDIC's uniform rules 
found at 12 CFR part 308, subpart A. After a careful review and 
comparison, this proposed revision rescinds part 390, subpart E in its 
entirety because it is repetitive of part 308, subparts A and C.
FDIC's Existing 12 CFR Part 308, Subpart K--Procedures Applicable to 
Investigations Pursuant to Section 10(c) of the FDIA
    This subpart K covers rules applicable to the FDIC's formal 
investigations. We proposed changing the title of this Subpart to 
reflect additional authority under HOLA transferred from the OTS.
    Section 308.144: As presently written, section 308.144 sets the 
scope of investigations covered by the subpart. We propose revisions to 
this subsection to include additional statutory authority applicable to 
State savings associations.
    Section 308.145: As presently written, section 308.145 covers the 
conduct and approval of formal investigations. We propose technical 
changes to cover investigations under HOLA and to reflect the FDIC's 
current internal organization.
    Section 308.146: As presently written, section 308.146 sets forth 
the powers of the person conducting the investigation. We propose a 
technical change to cover investigations under HOLA and to clarify 
conduct standards for counsel participating in the investigation.
    Section 308.147: As presently written, section 308.147 protects the 
confidentiality of investigations. We propose a technical change to 
ensure the confidentiality of investigations under HOLA.
    Section 308.148: As presently written, section 308.148 covers the 
rights of witnesses participating in a formal investigation. We propose 
a technical change to include witnesses in a HOLA investigation. 
Additionally, we propose language clarifying that counsel does not have 
the right to attend formal testimony if they are not personally 
representing the witness. This is also to ensure the confidentiality of 
the investigation.
    Section 308.150: As presently written, section 308.150 covers 
transcripts of sworn testimony. We propose a technical change to 
clarify that a witness must submit a written request to obtain a 
transcript of his or her testimony.
Former OTS's 12 CFR Part 512 (Transferred to FDIC's Part 390, Subpart 
D)
    The OTS rules for investigative proceedings and formal examination 
proceedings, formerly found at 12 CFR part 512, were transferred to the 
FDIC and relocated with nominal changes to 12 CFR part 390, subpart D. 
Part 390, subpart D governed the OTS's procedures for conducting its 
formal investigations under section 10(c) of the FDI Act, 12 U.S.C. 
1820(c). After a careful review and comparison of 12 CFR part 390, 
subpart D, and the FDIC's analogous regulation, 12 CFR part 308, 
subpart K, this proposed revision rescinds part 390, subpart D in full 
because it is substantially duplicative of part 308, subpart K. To the 
extent that there were minor differences in the OTS versions those 
minor changes are reflected in the amendments to part 308, subpart K 
described above.
FDIC's Existing 12 CFR Part 308, Subpart N--Rules and Procedures 
Applicable To Proceedings Relating to Suspension, Removal, and 
Prohibition Where a Felony Is Charged
    Section 308.161: As presently written, section 308.161 covers the 
scope of the rules applicable when a felony is charged. We propose a 
technical change to subsection 308.161(a) to include institution-
affiliated parties (``IAPs'') of State savings institutions.
    Section 308.163: As presently written, section 308.163 relates to 
the notice of suspension, removal, or prohibition. We propose changes 
to paragraph 308.163(a)(2) to clarify that the suspension or 
prohibition under this subpart N is effective immediately. We propose 
further changes to paragraph 308.163(c) to clarify the effect of 
service of the notice and the content of the notice. We also propose a 
new paragraph 308.163(d) and to clarify certain rights and obligations 
of IAPs in regards to requesting a hearing and the content of any 
response to the notice.
    Section 308.164: As presently written, section 308.164 covers 
hearing procedures under this subpart N. We propose changes to 
paragraph 308.164(b)(3) to clarify the right to an oral argument and to 
paragraph 308.164(b)(5) to provide a transcript of the hearing to the 
presiding officer. We also propose a new paragraph 308.164(10) to 
clarify that the IAP has the burden of demonstrating that the IAP's 
continued participation in the banking industry does not pose a threat 
to depository institutions.
Former OTS's 12 CFR Part 508 (Transferred to FDIC's Part 390, Subpart 
B)
    Former part 508 of the OTS regulations, 12 CFR part 508, addressed 
removals, suspensions, and prohibitions where a crime is charged or 
proven. The regulation was transferred to the FDIC with only nominal 
changes and republished as subpart B of 12 CFR part 390. After a 
careful review and comparison of 12 CFR part 390, subpart B, and the 
FDIC's analogous regulation, 12 CFR part 308, and the proposed changes 
to part 308, subpart N described above, this proposed revision rescinds 
part 390, subpart B in full because it is substantially duplicative of 
part 308, subpart N.

II. The Proposal

    Regarding the functions of the former OTS that were transferred to 
the FDIC, section 316(b)(3) of the Dodd-Frank Act, 12 U.S.C. 
5414(b)(3), in pertinent part, provides that the former OTS's 
regulations will be enforceable by the FDIC until they are modified, 
terminated, set aside, or superseded in accordance with applicable law. 
After reviewing the rules currently found in part 390, subparts B 
through E, the FDIC, as the appropriate federal banking agency for 
State savings associations, proposes to rescind part 390, subparts B 
through E in their entirety. The FDIC also proposes to amend part 308, 
subparts A, B, C, K, and N to make several technical and conforming 
changes as described below.

A. Changes to Subpart A--Uniform Rules of Practice and Procedure

    Section 308.1 Scope: In section 308.1(e)(1) the phrase ``or 12 
U.S.C. 1468'' is added at the end of the sentence to add authority to 
seek civil money penalties against State savings associations for 
violations of Sections 23A and 23B of the Federal Reserve Board Act, 12 
U.S.C. 1468. Additionally, in section 308.1(e)(9) after ``FDIC'' the 
phrase ``or the former Office of Thrift Supervision (OTS)'' is 
inserted. Finally, three new paragraphs are proposed to include 
additional authority for State savings associations at 308.1(e) by 
inserting new sections to cover Sections 5, 9, and 10 of the Home 
Owners' Loan

[[Page 22059]]

Act (HOLA), pursuant to 12 U.S.C. 1464(d), 1467(d), and1467a.
    Section 308.3 Definitions: In section 308.3(e) to simplify the term 
``Designee'', the phrase at the end of the subsection ``as provided in 
12 CFR part 303 of this chapter or by specific resolution of the Board 
of Directors'' would be stricken. To correct a technical error in 
section 308.3(j) the term ``Institution'' should refer to the statutory 
citation at the end of the subsection ``12 U.S.C. 1467a(a).'' A new 
section 308.3(l) would be added to define ``Investigation'' stating 
``Investigation means any investigation conducted pursuant to section 
10(c) of the FDIA or pursuant to section 5(d)(1)(B) of HOLA (12 U.S.C. 
1464(d)(1)(B)).'' In section 308.3(m), we propose deleting the phrase 
``the Office of Thrift Supervision (``OTS'')''. In section 308.3(q), we 
propose a technical correction to the ``Uniform Rules'' term by 
deleting ``Sec.  308.01'' and inserting ``Sec.  308.1''. Finally, the 
subsections 308.3(l) through 308.3(r) would be renumbered to 
accommodate the new section 308.3(l).
    Section 308.25 Request for document discovery from parties: As 
presently written, Sec.  308.25 ``Request for document discovery from 
parties'', addressed document discovery in enforcement actions covered 
by the Administrative Procedure Act. In section 308.25(b), ``Production 
or copying'' we propose to correct a technical citation error by 
deleting ``part 310'' and inserting ``part 309''.

B. Changes to Subpart B--General Rules of Procedure

Section 308.101 Scope of Local Rules
    In section 308.101(a), we propose a technical correction to the 
internal citation by deleting ``Sec.  308.01'' and inserting ``Sec.  
308.1''. We also propose a new subsection with the following language 
``(d) Subparts A, B, and C prescribe the rules of practice and 
procedure to applicable to adjudicatory proceedings as to which 
hearings on the record are provided for by the assessment of civil 
money penalties by the FDIC against institutions, institution-
affiliated parties, and certain other persons for which it is the 
appropriate regulatory agency for any violation of section 15(c)(4) of 
the Exchange Act (15 U.S.C. 78o(c)(4)).''
Section 308.107 Document Discovery
    In subsection 308.107(a), we propose a technical correction to the 
internal citation that deletes ``Sec.  308.01'' and inserts ``Sec.  
308.1''.

C. Changes to Subpart C--Rules of Practice Before the FDIC and 
Standards of Conduct

Section 308.109 Suspension and Disbarment
    In subsection 308.109(b)(2), we propose adding the following 
language immediately before the last sentence ``Any person who fails to 
so file a copy of the order, judgment, decree, or finding within 30 
days after the entry of the order, judgment, decree, or finding or the 
date such person initiates practice before the FDIC, for that reason 
alone may be disqualified from practicing before the FDIC until such 
time as the appropriate filing shall be made.''

D. Changes to Subpart K--Procedures Applicable to Investigations 
Pursuant to Section 10(c) of the FDIA

    We propose changing the title of this subpart K to add ``and 
Section 5(d)(1)(B) of HOLA'' at the end.
Section 308.144 Scope
    We propose adding ``or section 5(d)(1)(B) of HOLA (12 U.S.C. 
1464(d)(1)(B))'' immediately following the phrase ``pursuant to section 
10(c) of the FDIA (12 U.S.C. 1820(c))''.
Section 308.145 Conduct of Investigation
    We propose striking the first sentence and inserting the following 
sentence, ``An investigation shall be initiated only upon issuance of 
an order by the Board of Directors; or by the General Counsel, the 
Director of the Division of Risk Management Supervision, the Director 
of the Division of Depositor and Consumer Protection, or their 
respective designees.''
Section 308.146 Powers of Person Conduction Investigation
    In the first sentence, after ``conduct'' insert ``the'' and strike 
the phrase immediately following ``a section 10(c)''. Additionally, in 
the second to last sentence in the paragraph, we propose replacing the 
phrase ``been guilty of'' with ``engaged in'' as well as inserting the 
phrase ``dilatory, obstructionist, or contumacious'' before 
``conduct''. Similarly, after ``conduct'' we propose adding the phrase 
``or has otherwise violated any provision of this part during the 
course of an investigation.''
Section 308.147 Investigations Confidential
    We propose striking the phrase ``conducted pursuant to section 
10(c)'' from the first sentence.
Section 308.148 Rights of Witnesses
    We propose striking the phrase ``pursuant to section 10(c)'' from 
the opening sentence. In paragraph 308.148(c), we suggest adding the 
following sentence at the end ``Neither attorney(s) for the institution 
that is the subject of the investigation, nor attorney(s) for any other 
interested persons, shall have any right to be present during the 
testimony of any witness not personally represented by such 
attorney;''.
Section 308.150 Transcripts
    In subsection 308.150(a) General rule, we propose striking the 
phrase ``in an investigation pursuant to section 10(c)'' in the first 
sentence. We further propose inserting the phrase ``that the witness 
submits a written request for the transcript and'' after ``provided'' 
and before ``the transcript'' in the second to last sentence.

E. Changes to Subpart N--Rules and Procedures Applicable to Proceedings 
Relating to Suspension, Removal, and Prohibition Where a Felony Is 
Charged

Section 308.161 Scope
    In paragraph 308.161(a), in the first sentence after the phrase 
``of an insured state nonmember bank, or'', we propose to insert the 
phrase ``an insured state savings association, or''.
Section 308.163 Notice of Suspension or Prohibition, and Orders of 
Removal or Prohibition
    In paragraph 308.163(a)(2), in the first sentence after the phrase 
``institution-affiliated party'', we propose to insert ``who shall 
immediately comply with the requirements thereof,''. In paragraph 
308.163(c)(1), we propose to strike the term ``receipt'' and replace it 
with ``service''. In paragraph 308.163 (c)(2), we suggest striking the 
opening phrase ``Summarize or cite to'' and insert ``Set forth the 
basis and facts in support of the notice or order and address''. 
Finally, we propose to add a new paragraph 308.163(d) adopting the OTS 
requirements for requesting a hearing under this section. The new 
paragraph provides guidance for the institution-affiliated party to 
identify the issues to be resolved and the requested relief.
Section 308.164 Hearings
    In paragraph 308.164(b)(3), we propose adding the following 
sentence at the end of the paragraph, ``Following the introduction of 
all evidence, the applicant and the representative of the FDIC 
enforcement staff shall have an opportunity for oral argument; however, 
the parties may jointly waive the right

[[Page 22060]]

to oral argument, and, in lieu thereof, elect to submit written 
argument.'' In paragraph 308.164(b)(5), we propose adding the following 
sentence at the end of the paragraph, ``A copy of the transcript shall 
be sent directly to the presiding officer, who shall have authority to 
correct the record sua sponte or upon the motion of any party.'' 
Finally, we propose to add a new paragraph 308.164(b)(10) clarifying 
that the institution-affiliated party has the burden of proof to show 
that his or her continued participation in the industry does not pose a 
threat to, or public confidence in, insured institutions.

III. Request for Comments

    The FDIC invites comments on all aspects of this proposed 
rulemaking, and specifically requests comments on the following:
    Do the amended provisions of 12 CFR part 308, subparts A, B, C, K, 
and N consistently apply the same regulation to both State savings 
associations and State nonmember banks?
    What negative impacts, if any, can you foresee in the FDIC's 
proposed revisions of 12 CFR part 308, subparts A, B, C, K, and N?
    Written comments must be received by the FDIC no later than June 
20, 2014.

IV. Regulatory Analysis and Procedure

A. The Paperwork Reduction Act

    The Proposed Rule would rescind and remove from FDIC regulations 
part 390, subparts B, C, D, and E, and makes minor amendments to part 
308, subparts A, B, C, K, and N to expressly make those provisions 
applicable to State savings associations and to modify FDIC regulations 
in minor ways that will improve enforcement practices and procedures. 
These regulations will not involve any new collections of information 
pursuant to the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

B. The Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601 et seq. 
requires that each federal agency either (1) certify that a proposed 
rule would not, if adopted in final form, have a significant economic 
impact on a substantial number of small entities, or (2) prepare an 
initial regulatory flexibility analysis of the rule and publish the 
analysis for comment. This rule has a limited scope: It removes 
redundant regulations that affect State savings associations, and does 
not impose any obligations or restrictions on banking organizations, 
including small banking organizations. On this basis, the FDIC 
certifies that this proposal, if it is adopted in final form, would not 
have a significant impact on a substantial number of small entities, 
within the meaning of those terms as used in the RFA. Notwithstanding 
this certification, the FDIC invites comments on the impact of this 
rule on small entities.

C. Plain Language

    Section 722 of the Gramm-Leach-Bliley Act, codified at 12 U.S.C. 
4809, requires each Federal banking agency to use plain language in all 
of its proposed and final rules published after January 1, 2000. The 
FDIC invites comments on whether the Proposed Rule is clearly stated 
and effectively organized, and how the FDIC might make it easier to 
understand. For example:
     Has the FDIC organized the material to suit your needs? If 
not, how could it present the rule more clearly?
     Have we clearly stated the requirements of the rule? If 
not, how could the rule be more clearly stated?
     Does the rule contain technical jargon that is not clear? 
If so, which language requires clarification?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the regulation easier to 
understand? If so, what changes would make the regulation easier to 
understand?
     What else could we do to make the regulation easier to 
understand?

D. The Economic Growth and Regulatory Paperwork Reduction Act

    Under section 2222 of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996 (``EGRPRA''), the FDIC is required to review all 
of its regulations, at least once every 10 years, in order to identify 
any outdated or otherwise unnecessary regulations imposed on insured 
institutions.\3\ The FDIC completed the last comprehensive review of 
its regulations under EGRPRA in 2006 and is commencing the next 
decennial review. The action taken on this rule will be included as 
part of the EGRPRA review that is currently under way. As part of that 
review, the FDIC invites comments concerning whether the Proposed Rule 
would impose any outdated or unnecessary regulatory requirements on 
insured depository institutions. The Federal Register document would 
request that EGRPRA related comments be specific and provide 
alternatives whenever appropriate.
---------------------------------------------------------------------------

    \3\ Public Law 104-208 (Sept. 30, 1996).
---------------------------------------------------------------------------

List of Subjects

12 CFR Part 390

    Administrative practice and procedure, Banks, Banking, Claims, 
Investigations lawyers, Penalties, Standards of conduct, State 
nonmember banks, and State savings associations.

12 CFR Part 308

    Administrative practice and procedure, Banks, Banking, Claims, 
Investigations lawyers, Penalties, Standards of conduct, State 
nonmember banks, and State savings associations.

Authority and Issuance

    For the reasons stated in the preamble, the Board of Directors of 
the Federal Deposit Insurance Corporation proposes to amend parts 308 
and 390 of Title 12 of the Code of Federal Regulations as set forth 
below:

PART 308--RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 308 is revised to read as follows:

    Authority:  5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 
1464, 1467(d), 1467a, 1468, 1815(e), 1817, 1818, 1820, 1828, 1829, 
1829b, 1831i, 1831m(g)(4), 1831o, 1831p-1, 1832(c), 1884(b), 1972, 
3102, 3108(a), 3349, 3909, 4717, 5412(b)(2)(C), and 5414(b)(3); 15 
U.S.C. 78 (h) and (i), 78o(c)(4), 78o-4(c), 78o-5, 78q-1, 78s 78u, 
78u-2, 78u-3 and 78w, 6801(b), 6805(b)(1); 28 U.S.C. 2461 note; 31 
U.S.C. 330, 5321; 42 U.S.C. 4012a; sec. 31001(s), Pub. L. 104-134, 
110 Stat. 1321-358, Pub. L. 109-351, and Pub. L. 111-203, 124 Stat. 
1376.

Subpart A--Uniform Rules of Practice and Procedure

0
2. In Sec.  308.1, revise paragraphs (e) introductory text, (e)(1), and 
(e)(9), and add paragraphs (e)(12) through (14) to read as follows:


Sec.  308.1  Scope.

* * * * *
    (e) Assessment of civil money penalties by the FDIC against 
institutions, institution-affiliated parties, and certain other persons 
for which it is the appropriate regulatory agency for any violation of:
    (1) Sections 22(h) and 23 of the Federal Reserve Act (``FRA''), or 
any regulation issued thereunder, and certain unsafe or unsound 
practices or breaches of fiduciary duty, pursuant to 12 U.S.C. 1828(j) 
or 12 U.S.C. 1468;
     * * *
    (9) The terms of any final or temporary order issued under section 
8 of the FDIA or of any written agreement executed by the FDIC or the 
former Office of Thrift Supervision (OTS), the

[[Page 22061]]

terms of any condition imposed in writing by the FDIC in connection 
with the grant of an application or request, certain unsafe or unsound 
practices or breaches of fiduciary duty, or any law or regulation not 
otherwise provided herein pursuant to 12 U.S.C. 1818(i)(2);
     * * *
    (12) Certain provisions of Section 5 of the Home Owners' Loan Act 
(HOLA) or any regulation or order issued thereunder, pursuant to 12 
U.S.C. 1464(d)(1), (5)-(8), (s), and (v);
    (13) Section 9 of the HOLA or any regulation or order issued 
thereunder, pursuant to 12 U.S.C. 1467(d); and
    (14) Section 10 of HOLA, pursuant to 12 U.S.C. 1467a(a)(2)(D), (g), 
(i)(2)-(4) and (r).
* * * * *
0
3. In Sec.  308.3, revise paragraphs (e), (j)(3), and (l) through (r), 
and add paragraph (s) to read as follows:


Sec.  308.3  Definitions.

* * * * *
    (e) Designee of the Board of Directors means officers or officials 
of the Federal Deposit Insurance Corporation acting pursuant to 
authority delegated by the Board of Directors.
* * * * *
    (j) * * *
    (3) Any savings association as that term is defined in section 3(b) 
of the FDIA (12 U.S.C. 1813(b)), any savings and loan holding company 
or any subsidiary thereof (other than a bank) as those terms are 
defined in section 10(a) of the HOLA (12 U.S.C. 1467a(a));
* * * * *
    (l) Investigation means any investigation conducted pursuant to 
section 10(c) of the FDIA or pursuant to section 5(d)(1)(B) of HOLA (12 
U.S.C. 1464(d)(1)(B)).
    (m) Local Rules means those rules promulgated by the FDIC in those 
subparts of this part other than subpart A.
    (n) Office of Financial Institution Adjudication (``OFIA'') means 
the executive body charged with overseeing the administration of 
administrative enforcement proceedings of the Office of the Comptroller 
of the Currency (``OCC''), the Board of Governors of the Federal 
Reserve Board (``FRB''), the FDIC, and the National Credit Union 
Administration (``NCUA'').
    (o) Party means the FDIC and any person named as a party in any 
notice.
    (p) Person means an individual, sole proprietor, partnership, 
corporation, unincorporated association, trust, joint venture, pool, 
syndicate, agency or other entity or organization, including an 
institution as defined in paragraph (j) of this section.
    (q) Respondent means any party other than the FDIC.
    (r) Uniform Rules means those rules in subpart A of this part that 
pertain to the types of formal administrative enforcement actions set 
forth at Sec.  308.1 and as specified in subparts B through P of this 
part.
    (s) Violation includes any action (alone or with another or others) 
for or toward causing, bringing about, participating in, counseling, or 
aiding or abetting a violation.
0
4. In Sec.  308.25, revise paragraph (b) to read as follows:


Sec.  308.25  Request for document discovery from parties.

* * * * *
    (b) Production or copying. The request must specify a reasonable 
time, place, and manner for production and performing any related acts. 
In lieu of inspecting the documents, the requesting party may specify 
that all or some of the responsive documents be copied and the copies 
delivered to the requesting party. If copying of fewer than 250 pages 
is requested, the party to whom the request is addressed shall bear the 
cost of copying and shipping charges. If a party requests 250 pages or 
more of copying, the requesting party shall pay for the copying and 
shipping charges. Copying charges are the current per page copying rate 
imposed by 12 CFR part 309 implementing the Freedom of Information Act 
(5 U.S.C. 552). The party to whom the request is addressed may require 
payment in advance before producing the documents.
* * * * *

Subpart B--General Rules of Procedure

0
5. In Sec.  308.101, revise paragraph (a) and add paragraph (d) to read 
as follows:


Sec.  308.101  Scope of Local Rules.

    (a) Subparts B and C of the Local Rules prescribe rules of practice 
and procedure to be followed in the administrative enforcement 
proceedings initiated by the FDIC as set forth in Sec.  308.1 of the 
Uniform Rules.
* * * * *
    (d) Subparts A, B, and C of this part prescribe the rules of 
practice and procedure to applicable to adjudicatory proceedings as to 
which hearings on the record are provided for by the assessment of 
civil money penalties by the FDIC against institutions, institution-
affiliated parties, and certain other persons for which it is the 
appropriate regulatory agency for any violation of section 15(c)(4) of 
the Exchange Act (15 U.S.C. 78o(c)(4)).
0
6. In Sec.  308.107, revise paragraph (a) to read as follows:


Sec.  308.107  Document discovery.

    (a) Parties to proceedings set forth at Sec.  308.1 of the Uniform 
Rules and as provided in the Local Rules may obtain discovery only 
through the production of documents. No other form of discovery shall 
be allowed.
* * * * *

Subpart C--Rules of Practice Before the FDIC and Standards of 
Conduct

0
7. In Sec.  308.109, revise paragraphs (b)(1) and (2) to read as 
follows:


Sec.  308.109  Suspension and disbarment.

* * * * *
    (b) * * *
    (1) Any counsel who has been and remains suspended or disbarred by 
a court of the United States or of any state, territory, district, 
commonwealth, or possession; or any person who has been and remains 
suspended or barred from practice before the OCC, Board of Governors, 
the OTS, the NCUA, the Securities and Exchange Commission, or the 
Commodity Futures Trading Commission; or any person who has been, 
within the last ten years, convicted of a felony, or of a misdemeanor 
involving moral turpitude, shall be suspended automatically from 
appearing or practicing before the FDIC. A disbarment, suspension, or 
conviction within the meaning of this paragraph (b) shall be deemed to 
have occurred when the disbarring, suspending, or convicting agency or 
tribunal enters its judgment or order, regardless of whether an appeal 
is pending or could be taken, and includes a judgment or an order on a 
plea of nolo contendere or on consent, regardless of whether a 
violation is admitted in the consent.
    (2) Any person appearing or practicing before the FDIC who is the 
subject of an order, judgment, decree, or finding of the types set 
forth in paragraph (b)(1) of this section shall promptly file with the 
Executive Secretary a copy thereof, together with any related opinion 
or statement of the agency or tribunal involved. Any person who fails 
to so file a copy of the order, judgment, decree, or finding within 30 
days after the entry of the order, judgment, decree, or finding or the 
date such person initiates practice before the FDIC, for that reason 
alone may be disqualified from practicing before the FDIC until such 
time as the appropriate filing shall be made. Failure to file any

[[Page 22062]]

such paper shall not impair the operation of any other provision of 
this section.
* * * * *

Subpart K--Procedures Applicable to Investigations Pursuant to 
Section 10(c) of the FDIA and Section 5(d)(1)(B) of HOLA

0
8. Section 308.144 is revised to read as follows:


Sec.  308.144  Scope.

    The procedures of this subpart shall be followed when an 
investigation is instituted and conducted in connection with any open 
or failed insured depository institution, any institutions making 
application to become insured depository institutions, and affiliates 
thereof, or with other types of investigations to determine compliance 
with applicable law and regulations, pursuant to section 10(c) of the 
FDIA (12 U.S.C. 1820(c)) or section 5(d)(1)(B) of HOLA (12 U.S.C. 
1464(d)(1)(B)). The Uniform Rules and subpart B of the Local Rules 
shall not apply to investigations under this subpart.
0
9. Section 308.145 is revised to read as follows:


Sec.  308.145  Conduct of investigation.

    An investigation shall be initiated only upon issuance of an order 
by the Board of Directors; or by the General Counsel, the Director of 
the Division of Risk Management Supervision, the Director of the 
Division of Depositor and Consumer Protection, or their respective 
designees. The order shall indicate the purpose of the investigation 
and designate FDIC's representative(s) to direct the conduct of the 
investigation. Upon application and for good cause shown, the persons 
who issue the order of investigation may limit, quash, modify, or 
withdraw it. Upon the conclusion of the investigation, an order of 
termination of the investigation shall be issued by the persons issuing 
the order of investigation.
0
10. Section 308.146 is revised to read as follows:


Sec.  308.146  Powers of person conducting investigation.

    The person designated to conduct the investigation shall have the 
power, among other things, to administer oaths and affirmations, to 
take and preserve testimony under oath, to issue subpoenas and 
subpoenas duces tecum and to apply for their enforcement to the United 
States District Court for the judicial district or the United States 
court in any territory in which the main office of the bank, 
institution, or affiliate is located or in which the witness resides or 
conducts business. The person conducting the investigation may obtain 
the assistance of counsel or others from both within and outside the 
FDIC. The persons who issue the order of investigation may limit, 
quash, or modify any subpoena or subpoena duces tecum, upon application 
and for good cause shown. The person conducting an investigation may 
report to the Board of Directors any instance where any attorney has 
engaged in contemptuous dilatory, obstructionist, or contumacious 
conduct or has otherwise violated any provision of this part during the 
course of an investigation. The Board of Directors, upon motion of the 
person conducting the investigation, or on its own motion, may make a 
finding of contempt and may then summarily suspend, without a hearing, 
any attorney representing a witness from further participation in the 
investigation.
0
11. Section 308.147 is revised to read as follows:


Sec.  308.147  Investigations confidential.

    Investigations shall be confidential. Information and documents 
obtained by the FDIC in the course of such investigations shall not be 
disclosed, except as provided in part 309 of this chapter and as 
otherwise required by law.
0
12. In Sec.  308.148, revise the introductory text and paragraph (c) to 
read as follows:


Sec.  308.148  Rights of witnesses.

    In an investigation:
* * * * *
    (c) All persons testifying shall be sequestered. Such persons and 
their counsel shall not be present during the testimony of any other 
person, unless permitted in the discretion of the person conducting the 
investigation. Neither attorney(s) for the institution that is the 
subject of the investigation, nor attorney(s) for any other interested 
persons, shall have any right to be present during the testimony of any 
witness not personally represented by such attorney;
* * * * *
0
13. In Sec.  308.150, revise paragraph (a) to read as follows:


Sec.  308.150  Transcripts.

    (a) General rule. Transcripts of testimony, if any, shall be 
recorded by an official reporter, or by any other person or means 
designated by the person conducting the investigation. A witness may, 
solely for the use and benefit of the witness, obtain a copy of the 
transcript of his or her testimony at the conclusion of the 
investigation or, at the discretion of the person conducting the 
investigation, at an earlier time, provided that the witness submits a 
written request for the transcript and the transcript is available. The 
witness requesting a copy of his or her testimony shall bear the cost 
thereof.
* * * * *

Subpart N--Rules and Procedures Applicable to Proceedings Relating 
to Suspension, Removal, and Prohibition Where a Felony Is Charged

0
14. In Sec.  308.161, revise the introductory text and paragraph (a) 
introductory text to read as follows:


Sec.  308.161  Scope.

    The rules and procedures set forth in this subpart shall apply to 
the following:
    (a) Proceedings to suspend an institution-affiliated party of an 
insured state nonmember bank, or an insured state savings association, 
or to prohibit such party from further participation in the conduct of 
the affairs of any depository institution, if continued service or 
participation by such party posed, poses, or may pose a threat to the 
interests of the depositors of, or threatened, threatens, or may 
threaten to impair public confidence in, any relevant depository 
institution (as defined at section 1818(g)(1)(E) of Title 12), where 
the individual is the subject of any state or federal information, 
indictment, or complaint, involving the commission of, or participation 
in:
* * * * *
0
15. In Sec.  308.163, revise paragraph (a)(2) and (c)(1) and (2), and 
add paragraph (d) to read as follows:


Sec.  308.163  Notice of suspension or prohibition, and orders of 
removal or prohibition.

    (a) * * *
* * * * *
    (2) The suspension or prohibition shall be effective immediately 
upon service on the institution-affiliated party, who shall immediately 
comply with the requirements thereof, and shall remain in effect until 
final disposition of the information, indictment, complaint, or until 
it is terminated by the Board of Directors or its designee under the 
provisions of Sec.  308.164 or otherwise.
* * * * *
    (c) * * *
    (1) Inform the institution-affiliated party that a written request 
for a hearing, stating the relief desired and grounds therefore, and 
any supporting evidence, may be filed with the Executive Secretary 
within 30 days after

[[Page 22063]]

service of the written notice or order; and
    (2) Set forth the basis and facts in support of the notice or order 
and address the relevant considerations specified in Sec.  308.162 of 
this subpart.
    (d) To obtain a hearing, the institution-affiliated party shall 
file with the Executive Secretary a written request for a hearing 
within 30 days after service of the notice of suspension or prohibition 
or the order of removal or prohibition, which shall:
    (1) Admit or deny specifically each allegation in the notice or 
order, or state that the institution-affiliated party is without 
knowledge or information, which statement shall have the effect of a 
denial. Any allegation not denied shall be deemed to be admitted. When 
an institution-affiliated party intends in good faith to deny only a 
part of or to qualify an allegation, he shall specify so much of it as 
is true and shall deny only the remainder; and
    (2) Shall state whether the institution-affiliated party is 
requesting termination or modification of the notice or order, and 
shall state with particularity how he intends to show that his 
continued service to or participation in the conduct of the affairs of 
the depository institution would not, or is not likely to, pose a 
threat to the interests of its depositors or to impair public 
confidence in the depository institution.
0
16. In Sec.  308.164, revise paragraphs (b)(3) and (5), and add 
paragraph (b)(10) to read as follows:


Sec.  308.164  Hearings.

* * * * *
    (b) * * *
    (3) The institution-affiliated party may appear at the hearing and 
shall have the right to introduce relevant and material documents. 
Members of the FDIC enforcement staff may attend the hearing and 
participate as representatives of the FDIC enforcement staff. Following 
the introduction of all evidence, the applicant and the representative 
of the FDIC enforcement staff shall have an opportunity for oral 
argument; however, the parties may jointly waive the right to oral 
argument, and, in lieu thereof, elect to submit written argument.
* * * * *
    (5) At the discretion of the presiding officer, witnesses may be 
presented within specified time limits, provided that a list of 
witnesses is furnished to the presiding officer and to all other 
parties prior to the hearing. Witnesses shall be sworn, unless 
otherwise directed by the presiding officer. The presiding officer may 
ask questions of any witness. Each party shall have the opportunity to 
cross-examine any witness presented by an opposing party. The 
transcript of the proceedings shall be furnished, upon request and 
payment of the cost thereof, to the institution-affiliated party 
afforded the hearing. A copy of the transcript shall be sent directly 
to the presiding officer, who shall have authority to correct the 
record sua sponte or upon the motion of any party.
* * * * *
    (10) The institution-affiliated party has the burden of showing, by 
a preponderance of the evidence, that his or her continued service to 
or participation in the conduct of the affairs of a depository 
institution does not, or is not likely to, pose a threat to the 
interests of the depository institution's depositors or threaten to 
impair public confidence in the depository institution.
* * * * *

PART 390--REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT 
SUPERVISION

0
17. The authority citation for part 390 is revised to read as follows:

    Authority:  12 U.S.C. 1819.

    Subpart A also issued under 12 U.S.C. 1820.
    Subpart B also issued under 12 U.S.C. 1818.
    Subpart C also issued under 5 U.S.C. 504; 554-557; 12 U.S.C. 
1464; 1467; 1468; 1817; 1818; 1820; 1829; 3349, 4717; 15 U.S.C. 78l; 
78o-5; 78u-2; 28 U.S.C. 2461 note; 31 U.S.C. 5321; 42 U.S.C. 4012a.
    Subpart D also issued under 12 U.S.C. 1817; 1818; 1820; 15 
U.S.C. 78l.
    Subpart E also issued under 12 U.S.C. 1813; 1831m; 15 U.S.C. 78.
    Subpart F also issued under 5 U.S.C. 552; 559; 12 U.S.C. 2901 et 
seq.
    Subpart G also issued under 12 U.S.C. 2810 et seq., 2901 et 
seq.; 15 U.S.C. 1691; 42 U.S.C. 1981, 1982, 3601-3619.
    Subpart H also issued under 12 U.S.C. 1464; 1831y.
    Subpart I also issued under 12 U.S.C. 1831x.
    Subpart J also issued under 12 U.S.C. 1831p-1.
    Subpart L also issued under 12 U.S.C. 1831p-1.
    Subpart M also issued under 12 U.S.C. 1818.
    Subpart N also issued under 12 U.S.C. 1821.
    Subpart O also issued under 12 U.S.C. 1828.
    Subpart P also issued under 12 U.S.C. 1470; 1831e; 1831n; 1831p-
1; 3339.
    Subpart Q also issued under 12 U.S.C. 1462; 1462a; 1463; 1464.
    Subpart R also issued under 12 U.S.C. 1463; 1464; 1831m; 1831n; 
1831p-1.
    Subpart S also issued under 12 U.S.C. 1462; 1462a; 1463; 1464; 
1468a; 1817; 1820; 1828; 1831e; 1831o; 1831p-1; 1881-1884; 3207; 
3339; 15 U.S.C. 78b; 78l; 78m; 78n; 78p; 78q; 78w; 31 U.S.C. 5318; 
42 U.S.C. 4106.
    Subpart T also issued under 12 U.S.C. 1462a; 1463; 1464; 15 
U.S.C. 78c; 78l; 78m; 78n; 78w.
    Subpart U also issued under 12 U.S.C. 1462a; 1463; 1464; 15 
U.S.C. 78c; 78l; 78m; 78n; 78p; 78w; 78d-1; 7241; 7242; 7243; 7244; 
7261; 7264; 7265.
    Subpart V also issued under 12 U.S.C. 3201-3208.
    Subpart W also issued under 12 U.S.C. 1462a; 1463; 1464; 15 
U.S.C. 78c; 78l; 78m; 78n; 78p; 78w.
    Subpart X also issued under 12 U.S.C. 1462; 1462a; 1463; 1464; 
1828; 3331 et seq.
    Subpart Y also issued under 12 U.S.C.1831o.
    Subpart Z also issued under 12 U.S.C. 1462; 1462a; 1463; 1464; 
1828 (note).

Subpart B--[Removed and reserved]

0
18. Remove and reserve part 390, subpart B consisting of Sec. Sec.  
390.10 through 390.23.

Subpart C--[Removed and reserved]

0
19. Remove and reserve part 390, subpart C consisting of Sec. Sec.  
390.30 through 390.75.

Subpart D--[Removed and reserved]

0
20. Remove and reserve part 390, subpart D consisting of Sec. Sec.  
390.80 through 390.86.

Subpart E--[Removed and reserved]

0
21. Remove and reserve part 390, subpart E consisting of Sec. Sec.  
390.90 through 390.97.

    Dated at Washington, DC, this 8th day of April, 2014.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2014-08260 Filed 4-18-14; 8:45 am]
BILLING CODE 6714-01-P