12855Federal Register / Vol. 69, No. 53 / Thursday, March 18, 2004 / Notices
DATES: A meeting of the NAC/AEGL
Committee will be held from 10 a.m. to
5:30 p.m., on Monday, April 19, 2004;
8:30 a.m. to 5:30 p.m., on Tuesday,
April 20, 2004; and from 8 a.m. to noon,
on Wednesday, April 21, 2004.
ADDRESSES: The meeting will be held at
the U.S. Department of Labor, Room
numbers C5515 1A and 1B, 200
Constitution Avenue, NW., Washington,
DC 20210.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail
address:TSCA-Hotline@epa.gov.
For technical information contact:
Paul S. Tobin, Designated Federal
Officer (DFO), Economics, Exposure,
and Technology Division (7406M),
Office of Pollution Prevention and
Toxics, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8557; e-mail address:
tobin.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general. This action may be of
particular interest to anyone who may
be affected if the AEGL values are
adopted by government agencies for
emergency planning, prevention, or
response programs, such as EPA’s Risk
Management Program under the Clean
Air Act and amendments section 112r.
It is possible that other Federal agencies
besides EPA, as well as State agencies
and private organizations, may adopt
the AEGL values for their programs. As
such, the Agency has not attempted to
describe all the specific entities that
may be affected by this action. If you
have any questions regarding the
applicability of this action to a
particular entity, consult the DFO listed
under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under docket identification (ID) number
OPPT–2004–0076. The official public
docket consists of the documents
specifically referenced in this action,
any public comments received, and
other information related to this action.
Although a part of the official docket,
the public docket does not include
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. The official public
docket is the collection of materials that
is available for public viewing at EPA’s
Docket Center, Rm. B102-Reading
Room, EPA West, 1301 Constitution
Ave., NW., Washington, DC. EPA’s
Docket Center is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. EPA’s Docket
Center Reading Room telephone number
is (202) 566–1744 and the telephone
number for the OPPT Docket, which is
located in EPA’s Docket Center, is (202)
566–0280.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
http://www.epa.gov/fedrgstr/.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at http://www.epa.gov/edocket/
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B.1. Once in
the system, select ‘‘search,’’ then key in
the appropriate docket ID number.
II. Meeting Procedures
For additional information on the
scheduled meeting, the agenda of the
NAC/AEGL Committee, or the
submission of information on chemicals
to be discussed at the meeting, contact
the DFO listed under FOR FURTHER
INFORMATION CONTACT.
The meeting of the NAC/AEGL
Committee will be open to the public.
Oral presentations or statements by
interested parties will be limited to 10
minutes. Interested parties are
encouraged to contact the DFO to
schedule presentations before the NAC/
AEGL Committee. Since seating for
outside observers may be limited, those
wishing to attend the meeting as
observers are also encouraged to contact
the DFO at the earliest possible date to
ensure adequate seating arrangements.
Inquiries regarding oral presentations
and the submission of written
statements or chemical-specific
information should be directed to the
DFO.
III. Future Meetings
Another meeting of the NAC/AEGL
Committee is scheduled for June 14–16,
2004.
List of Subjects
Environmental protection, Chemicals,
Hazardous substances, Health.
Dated: March 9, 2004.
Charles M. Auer,
Director, Office of Pollution Prevention and
Toxics.
[FR Doc. E4–621 Filed 3–17–04; 8:45 am]
BILLING CODE 6560 –50–S
FEDERAL DEPOSIT INSURANCE
CORPORATION
Intra-Agency Appeal Process:
Guidelines for Appeals of Material
Supervisory Determinations and
Guidelines for Appeals of Deposit
Insurance Assessment Determinations
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Notice and request for comment.
SUMMARY: The Federal Deposit
Insurance Corporation (‘‘FDIC’’)
proposes to revise its Guidelines for
Appeals of Material Supervisory
Determinations; these revisions are
intended to enhance the Supervision
Appeals Review Committee (‘‘SARC’’)
process by reconstituting the SARC and
modifying the procedures for appeals to
the SARC. The FDIC also proposes to
issue Guidelines for Appeals of Deposit
Insurance Assessment Determinations,
which will reconstitute the Assessment
Appeals Committee (‘‘AAC’’), and will
also set forth procedures for pursuing
appeals to the AAC. These changes are
intended to benefit insured institutions
seeking review of material supervisory
determinations and assessment
determinations.
DATES: Comments must be submitted on
or before April 19, 2004.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: http://
www.fdic.gov/regulations/laws/federal/
propose.html. Follow the instructions
for submitting comments on the FDIC
Web site.
• E-mail: comments@FDIC.gov.
Include ‘‘SARC/AAC Guidelines’’ in the
subject line of the message.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments/Legal
VerDate jul<14>2003 15:48 Mar 17, 2004 Jkt 203001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1
DATES: A meeting of the NAC/AEGL
Committee will be held from 10 a.m. to
5:30 p.m., on Monday, April 19, 2004;
8:30 a.m. to 5:30 p.m., on Tuesday,
April 20, 2004; and from 8 a.m. to noon,
on Wednesday, April 21, 2004.
ADDRESSES: The meeting will be held at
the U.S. Department of Labor, Room
numbers C5515 1A and 1B, 200
Constitution Avenue, NW., Washington,
DC 20210.
FOR FURTHER INFORMATION CONTACT: For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 554–1404; e-mail
address:TSCA-Hotline@epa.gov.
For technical information contact:
Paul S. Tobin, Designated Federal
Officer (DFO), Economics, Exposure,
and Technology Division (7406M),
Office of Pollution Prevention and
Toxics, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8557; e-mail address:
tobin.paul@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general. This action may be of
particular interest to anyone who may
be affected if the AEGL values are
adopted by government agencies for
emergency planning, prevention, or
response programs, such as EPA’s Risk
Management Program under the Clean
Air Act and amendments section 112r.
It is possible that other Federal agencies
besides EPA, as well as State agencies
and private organizations, may adopt
the AEGL values for their programs. As
such, the Agency has not attempted to
describe all the specific entities that
may be affected by this action. If you
have any questions regarding the
applicability of this action to a
particular entity, consult the DFO listed
under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established an
official public docket for this action
under docket identification (ID) number
OPPT–2004–0076. The official public
docket consists of the documents
specifically referenced in this action,
any public comments received, and
other information related to this action.
Although a part of the official docket,
the public docket does not include
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. The official public
docket is the collection of materials that
is available for public viewing at EPA’s
Docket Center, Rm. B102-Reading
Room, EPA West, 1301 Constitution
Ave., NW., Washington, DC. EPA’s
Docket Center is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. EPA’s Docket
Center Reading Room telephone number
is (202) 566–1744 and the telephone
number for the OPPT Docket, which is
located in EPA’s Docket Center, is (202)
566–0280.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
http://www.epa.gov/fedrgstr/.
An electronic version of the public
docket is available through EPA’s
electronic public docket and comment
system, EPA Dockets. You may use EPA
Dockets at http://www.epa.gov/edocket/
to submit or view public comments,
access the index listing of the contents
of the official public docket, and to
access those documents in the public
docket that are available electronically.
Although not all docket materials may
be available electronically, you may still
access any of the publicly available
docket materials through the docket
facility identified in Unit I.B.1. Once in
the system, select ‘‘search,’’ then key in
the appropriate docket ID number.
II. Meeting Procedures
For additional information on the
scheduled meeting, the agenda of the
NAC/AEGL Committee, or the
submission of information on chemicals
to be discussed at the meeting, contact
the DFO listed under FOR FURTHER
INFORMATION CONTACT.
The meeting of the NAC/AEGL
Committee will be open to the public.
Oral presentations or statements by
interested parties will be limited to 10
minutes. Interested parties are
encouraged to contact the DFO to
schedule presentations before the NAC/
AEGL Committee. Since seating for
outside observers may be limited, those
wishing to attend the meeting as
observers are also encouraged to contact
the DFO at the earliest possible date to
ensure adequate seating arrangements.
Inquiries regarding oral presentations
and the submission of written
statements or chemical-specific
information should be directed to the
DFO.
III. Future Meetings
Another meeting of the NAC/AEGL
Committee is scheduled for June 14–16,
2004.
List of Subjects
Environmental protection, Chemicals,
Hazardous substances, Health.
Dated: March 9, 2004.
Charles M. Auer,
Director, Office of Pollution Prevention and
Toxics.
[FR Doc. E4–621 Filed 3–17–04; 8:45 am]
BILLING CODE 6560 –50–S
FEDERAL DEPOSIT INSURANCE
CORPORATION
Intra-Agency Appeal Process:
Guidelines for Appeals of Material
Supervisory Determinations and
Guidelines for Appeals of Deposit
Insurance Assessment Determinations
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Notice and request for comment.
SUMMARY: The Federal Deposit
Insurance Corporation (‘‘FDIC’’)
proposes to revise its Guidelines for
Appeals of Material Supervisory
Determinations; these revisions are
intended to enhance the Supervision
Appeals Review Committee (‘‘SARC’’)
process by reconstituting the SARC and
modifying the procedures for appeals to
the SARC. The FDIC also proposes to
issue Guidelines for Appeals of Deposit
Insurance Assessment Determinations,
which will reconstitute the Assessment
Appeals Committee (‘‘AAC’’), and will
also set forth procedures for pursuing
appeals to the AAC. These changes are
intended to benefit insured institutions
seeking review of material supervisory
determinations and assessment
determinations.
DATES: Comments must be submitted on
or before April 19, 2004.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: http://
www.fdic.gov/regulations/laws/federal/
propose.html. Follow the instructions
for submitting comments on the FDIC
Web site.
• E-mail: comments@FDIC.gov.
Include ‘‘SARC/AAC Guidelines’’ in the
subject line of the message.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments/Legal
VerDate jul<14>2003 15:48 Mar 17, 2004 Jkt 203001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1
12856 Federal Register / Vol. 69, No. 53 / Thursday, March 18, 2004 / Notices
ESS, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
• Hand Delivery/Courier: Comments
may be hand-delivered to the guard
station located at the rear of the FDIC’s
17th Street building (accessible from F
Street) on business days between 7 a.m.
and 5 p.m.
Instructions: All submissions received
must include the agency name and use
the title ‘‘SARC/AAC Guidelines’’. The
FDIC may post comments on its Internet
site at: http://www.fdic.gov/regulations/
laws/federal/propose.html.
Docket: For access to the docket to
read background documents or
comments received, go to the FDIC
Public Information Center, Room 100,
801 17th Street, NW., Washington, DC,
between 9 a.m. and 4:30 p.m. on
business days.
FOR FURTHER INFORMATION CONCERNING
THE SARC GUIDELINES CONTACT: Lisa K.
Roy, Associate Director, Division of
Supervision and Consumer Protection,
(202) 898–3764; Christopher Bellotto,
Counsel, Legal Division, (202) 898–
3801, Federal Deposit Insurance
Corporation, 550 17th St., NW.,
Washington, DC 20429.
FOR FURTHER INFORMATION CONCERNING
THE AAC GUIDELINES CONTACT: William V.
Farrell, Chief, Assessment Management
Section, Division of Finance, (202) 416–
7156; Diane Ellis, Associate Director,
Division of Insurance and Research,
(202) 898–8978; Lisa K. Roy, Associate
Director, Division of Supervision and
Consumer Protection, (202) 898–3764;
Christopher Bellotto, Counsel, (202)
898–3801, Legal Division, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION: The FDIC
is publishing for notice and comment
proposed revisions to the Guidelines for
Appeals of Material Supervisory
Determinations as well as proposed
Guidelines for Appeals of Deposit
Insurance Assessment Determinations.
The FDIC considers it desirable in this
instance to garner comments regarding
these guidelines, although notice and
comment rulemaking may not be
employed in making future
amendments.
The proposed revised Guidelines for
Appeals of Material Supervisory
Determinations would be effective upon
adoption and would supersede the
FDIC’s current Guidelines for Appeals
of Material Supervisory Determinations
that were adopted by the FDIC’s Board
of Directors on March 21, 1995. The
proposed guidelines would incorporate
changes to the composition of the
SARC, reducing it from five to three
voting members, and would make
changes to the existing procedures
governing SARC appeals. These
amendments include new rules under
which the FDIC’s Division of
Supervision and Consumer Protection
(‘‘DSC’’) would issue written decisions
if it denies requests for review of
material supervisory determinations; if
dissatisfied with the division’s
determination, institutions would
decide for themselves whether to appeal
to the SARC; and SARC decisions
would be published, with exempt
material redacted. The types of
determinations that are eligible for
review by the SARC and the standards
by which such appeals are decided
would remain unchanged.
The AAC provides for FDIC appellate
review of assessment payment
computation and assessment risk
classification determinations. The
proposed Guidelines for Appeals of
Deposit Insurance Assessment
Determinations will change the
composition of the AAC, reducing it
from seven to five voting members, and
will set forth procedures to be followed
by insured depository institutions that
choose to appeal adverse assessment
determinations they have received from
the appropriate FDIC division. As with
the SARC, AAC decisions would be
published, with exempt material
redacted. The types of determinations
that are eligible for review by the AAC
and the standards by which such
appeals are decided would remain
unchanged.
The FDIC has sought to conform the
SARC and AAC structures and
procedures to the extent appropriate,
making both processes easier for
institutions to navigate and the FDIC to
administer.
I. Proposed Revised Guidelines for
Appeals of Material Supervisory
Determinations
Section 309(a) of the Riegle
Community Development and
Regulatory Improvement Act of 1994
(Public Law 103–325, 108 Stat. 2160)
(‘‘Riegle Act’’) required the FDIC (as
well as the other Federal banking
agencies and the National Credit Union
Administration Board) to establish an
independent intra-agency appellate
process to review material supervisory
determinations. On March 21, 1995, the
FDIC’s Board of Directors adopted
Guidelines for Appeals of Material
Supervisory Determinations, which
established and set forth procedures
governing the SARC, whose purpose
was to consider and decide appeals of
material supervisory determinations as
required by the Riegle Act.
A. Membership
As set forth in the original guidelines,
the SARC consisted of the FDIC Vice
Chairperson (as chair of the SARC), the
Director of the Division of Supervision
(‘‘DOS’’), the Director of the Division of
Compliance and Consumer Affairs
(‘‘DCA’’), the Ombudsman, and the
General Counsel (or their designees).
The SARC guidelines were amended
to add the Director of the Division of
Insurance (now the Director of the
Division of Insurance and Research
(‘‘DIR’’)) as a voting SARC member, to
provide formally that the Directors of
DOS and DCA (now the DSC Director)
would not vote on cases brought before
the SARC by their respective (now
consolidated) divisions, to provide that
designees would be limited to the most
senior members of a SARC member’s
staff, and to include Truth-in-Lending
(Regulation Z) restitution. In addition,
the SARC was expressly authorized to
consider appeals of denied filings as set
forth in 12 CFR 303.11(f) for which a
Request for Reconsideration has been
granted, other than denials of a change
in bank control, change in senior
executive officer or board of directors,
or denial of an application pursuant to
section 19 of the Federal Deposit
Insurance Act (‘‘FDI Act’’) (which are
contained in 12 CFR 308, subparts D, L,
and M, respectively), if the filing was
originally denied by the Director,
Deputy Director or Associate Director of
DSC.
While the current guidelines satisfy
the Riegle Act’s requirement to establish
an independent appellate process for
the review of material supervisory
determinations, the proposed changes,
based on eight years’ experience since
approval of the original 1995 guidelines,
should serve to facilitate the disposition
of SARC appeals and further underscore
the perception of the SARC as a fair and
independent high-level body for review
of material supervisory determinations
within the FDIC.
The FDIC is proposing to modify its
guidelines and change the composition
of the SARC so that division directors
and the Ombudsman no longer serve on
the SARC, and new SARC members are
drawn from the most senior levels of the
Corporation. The Director of the DSC,
who is responsible for the operations of
two former divisions (DOS and DCA)
and who represents the division that
made the material supervisory
determination under review, the
Director of DIR, as well as the
Ombudsman, would no longer be SARC
members. As revised, the SARC
membership would consist of three (3)
voting members: (1) One FDIC Board
VerDate jul<14>2003 14:33 Mar 17, 2004 Jkt 203001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1
ESS, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
• Hand Delivery/Courier: Comments
may be hand-delivered to the guard
station located at the rear of the FDIC’s
17th Street building (accessible from F
Street) on business days between 7 a.m.
and 5 p.m.
Instructions: All submissions received
must include the agency name and use
the title ‘‘SARC/AAC Guidelines’’. The
FDIC may post comments on its Internet
site at: http://www.fdic.gov/regulations/
laws/federal/propose.html.
Docket: For access to the docket to
read background documents or
comments received, go to the FDIC
Public Information Center, Room 100,
801 17th Street, NW., Washington, DC,
between 9 a.m. and 4:30 p.m. on
business days.
FOR FURTHER INFORMATION CONCERNING
THE SARC GUIDELINES CONTACT: Lisa K.
Roy, Associate Director, Division of
Supervision and Consumer Protection,
(202) 898–3764; Christopher Bellotto,
Counsel, Legal Division, (202) 898–
3801, Federal Deposit Insurance
Corporation, 550 17th St., NW.,
Washington, DC 20429.
FOR FURTHER INFORMATION CONCERNING
THE AAC GUIDELINES CONTACT: William V.
Farrell, Chief, Assessment Management
Section, Division of Finance, (202) 416–
7156; Diane Ellis, Associate Director,
Division of Insurance and Research,
(202) 898–8978; Lisa K. Roy, Associate
Director, Division of Supervision and
Consumer Protection, (202) 898–3764;
Christopher Bellotto, Counsel, (202)
898–3801, Legal Division, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION: The FDIC
is publishing for notice and comment
proposed revisions to the Guidelines for
Appeals of Material Supervisory
Determinations as well as proposed
Guidelines for Appeals of Deposit
Insurance Assessment Determinations.
The FDIC considers it desirable in this
instance to garner comments regarding
these guidelines, although notice and
comment rulemaking may not be
employed in making future
amendments.
The proposed revised Guidelines for
Appeals of Material Supervisory
Determinations would be effective upon
adoption and would supersede the
FDIC’s current Guidelines for Appeals
of Material Supervisory Determinations
that were adopted by the FDIC’s Board
of Directors on March 21, 1995. The
proposed guidelines would incorporate
changes to the composition of the
SARC, reducing it from five to three
voting members, and would make
changes to the existing procedures
governing SARC appeals. These
amendments include new rules under
which the FDIC’s Division of
Supervision and Consumer Protection
(‘‘DSC’’) would issue written decisions
if it denies requests for review of
material supervisory determinations; if
dissatisfied with the division’s
determination, institutions would
decide for themselves whether to appeal
to the SARC; and SARC decisions
would be published, with exempt
material redacted. The types of
determinations that are eligible for
review by the SARC and the standards
by which such appeals are decided
would remain unchanged.
The AAC provides for FDIC appellate
review of assessment payment
computation and assessment risk
classification determinations. The
proposed Guidelines for Appeals of
Deposit Insurance Assessment
Determinations will change the
composition of the AAC, reducing it
from seven to five voting members, and
will set forth procedures to be followed
by insured depository institutions that
choose to appeal adverse assessment
determinations they have received from
the appropriate FDIC division. As with
the SARC, AAC decisions would be
published, with exempt material
redacted. The types of determinations
that are eligible for review by the AAC
and the standards by which such
appeals are decided would remain
unchanged.
The FDIC has sought to conform the
SARC and AAC structures and
procedures to the extent appropriate,
making both processes easier for
institutions to navigate and the FDIC to
administer.
I. Proposed Revised Guidelines for
Appeals of Material Supervisory
Determinations
Section 309(a) of the Riegle
Community Development and
Regulatory Improvement Act of 1994
(Public Law 103–325, 108 Stat. 2160)
(‘‘Riegle Act’’) required the FDIC (as
well as the other Federal banking
agencies and the National Credit Union
Administration Board) to establish an
independent intra-agency appellate
process to review material supervisory
determinations. On March 21, 1995, the
FDIC’s Board of Directors adopted
Guidelines for Appeals of Material
Supervisory Determinations, which
established and set forth procedures
governing the SARC, whose purpose
was to consider and decide appeals of
material supervisory determinations as
required by the Riegle Act.
A. Membership
As set forth in the original guidelines,
the SARC consisted of the FDIC Vice
Chairperson (as chair of the SARC), the
Director of the Division of Supervision
(‘‘DOS’’), the Director of the Division of
Compliance and Consumer Affairs
(‘‘DCA’’), the Ombudsman, and the
General Counsel (or their designees).
The SARC guidelines were amended
to add the Director of the Division of
Insurance (now the Director of the
Division of Insurance and Research
(‘‘DIR’’)) as a voting SARC member, to
provide formally that the Directors of
DOS and DCA (now the DSC Director)
would not vote on cases brought before
the SARC by their respective (now
consolidated) divisions, to provide that
designees would be limited to the most
senior members of a SARC member’s
staff, and to include Truth-in-Lending
(Regulation Z) restitution. In addition,
the SARC was expressly authorized to
consider appeals of denied filings as set
forth in 12 CFR 303.11(f) for which a
Request for Reconsideration has been
granted, other than denials of a change
in bank control, change in senior
executive officer or board of directors,
or denial of an application pursuant to
section 19 of the Federal Deposit
Insurance Act (‘‘FDI Act’’) (which are
contained in 12 CFR 308, subparts D, L,
and M, respectively), if the filing was
originally denied by the Director,
Deputy Director or Associate Director of
DSC.
While the current guidelines satisfy
the Riegle Act’s requirement to establish
an independent appellate process for
the review of material supervisory
determinations, the proposed changes,
based on eight years’ experience since
approval of the original 1995 guidelines,
should serve to facilitate the disposition
of SARC appeals and further underscore
the perception of the SARC as a fair and
independent high-level body for review
of material supervisory determinations
within the FDIC.
The FDIC is proposing to modify its
guidelines and change the composition
of the SARC so that division directors
and the Ombudsman no longer serve on
the SARC, and new SARC members are
drawn from the most senior levels of the
Corporation. The Director of the DSC,
who is responsible for the operations of
two former divisions (DOS and DCA)
and who represents the division that
made the material supervisory
determination under review, the
Director of DIR, as well as the
Ombudsman, would no longer be SARC
members. As revised, the SARC
membership would consist of three (3)
voting members: (1) One FDIC Board
VerDate jul<14>2003 14:33 Mar 17, 2004 Jkt 203001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1